Driving in Missouri means understanding Missouri right-of-way laws. Knowing who goes first at a four-way stop or when turning left is key to avoiding accidents. This article breaks down these sometimes tricky rules, using clear examples to help you confidently navigate any right-of-way intersection. We’ll cover everything from uncontrolled intersections to the “Move Over” law, so you can stay safe on the road.

Understanding Right-of-Way Laws in Missouri

Missouri’s right-of-way laws are primarily governed by Section 304.351 of the Revised Statutes of Missouri. While municipalities may have specific ordinances, they generally align with state laws. If there’s a conflict between a local ordinance and state law, the state law prevails, as established in the case of Riley v. Bi-State Transit System, 459 S.W.2d 753 (Mo. App. E.D. 1970).

Key Takeaways

  • Missouri Right-of-Way Laws Are Key to Safe Driving: Understanding these rules helps prevent accidents and protects your rights. Learn how right-of-way works in various situations, from uncontrolled intersections to roundabouts.
  • Having the Right-of-Way Isn’t a Free Pass: Always drive defensively, even when you have the right-of-way. Be prepared to yield to avoid collisions, as all drivers share responsibility for road safety.
  • Legal Help Matters After an Accident: If you’re involved in a crash, especially if right-of-way is unclear, contact a personal injury lawyer. They can help you understand your rights and pursue a fair outcome.

Who Has the Right of Way? Key Scenarios

1. Uncontrolled Intersections: First to Enter

At intersections without traffic signals or signs (uncontrolled intersections), the vehicle that enters the intersection first typically has the right of way. This means that if you approach an intersection and another vehicle has already entered it, you are required to yield.

Important Note: This rule isn’t absolute. Other factors, such as speed and caution, can affect right-of-way determinations.

2. Uncontrolled Intersections: Vehicles Arriving Simultaneously

When two vehicles arrive at an uncontrolled intersection at approximately the same time, the driver on the left must yield to the driver on the right. Essentially, the vehicle to your right has the right of way.

3. Making Left Turns at Uncontrolled Intersections

If you’re attempting a left turn at an uncontrolled intersection, you must yield to oncoming traffic that is close enough to pose an immediate hazard. This means waiting until it’s entirely safe before completing your turn.

4. Four-Way Stops

Four-way stops can be confusing. The first vehicle to arrive has the right-of-way. If two vehicles arrive simultaneously, the driver on the right goes first. If vehicles arrive at the same time from opposite directions, the car going straight has the right-of-way over the turning vehicle. For more details on navigating four-way stops, this article by Hall Ansley, P.C. offers helpful information.

5. Roundabouts

Roundabouts keep traffic flowing smoothly and help reduce accidents. When entering a roundabout, yield to vehicles already in the circle. This keeps traffic moving and minimizes the risk of collisions. This resource further clarifies right-of-way rules at various intersections, including roundabouts.

6. Right Turns on Red

In Missouri, you can usually turn right on red unless a sign tells you not to. However, always stop completely and yield to oncoming traffic and pedestrians before turning. Goza & Honnold provide a helpful overview of Missouri’s right-of-way laws, including specifics on right turns on red.

7. Emergency Vehicles and Funeral Processions

Always yield to emergency vehicles with flashing lights and sirens. Pull over to the right and stop until they pass. Funeral processions also have the right-of-way, but they must yield to emergency vehicles. This article offers more information on yielding and other right-of-way scenarios.

8. Missouri’s “Move Over” Law

Missouri’s “Move Over” law means you must move over a lane, if it’s safe, or slow down when approaching stopped emergency vehicles, utility vehicles, or tow trucks with flashing lights. This protects roadside workers and first responders. This legal guide from the Beck Law firm provides a comprehensive overview of Missouri right-of-way laws, including the “Move Over” law.

9. Entering Highways

When merging onto a highway, yield to traffic already on the highway. Use the acceleration lane to match the speed of traffic before merging. This guide offers further details on merging and other right-of-way situations.

10. Pedestrian Right-of-Way

Pedestrians in crosswalks, marked or unmarked, have the right-of-way. Drivers must yield to them. Pedestrians must yield to vehicles when crossing outside designated crosswalks. This resource offers more information on pedestrian right-of-way and other Missouri traffic laws.

11. Bicyclist Right-of-Way

Bicyclists have the same rights and responsibilities as drivers. They must follow traffic laws and yield when appropriate, like when entering a roadway from a driveway. Drivers must give bicyclists enough space when passing. This guide explains Missouri’s right-of-way laws, including those for bicyclists.

12. Yield Signs

At yield signs, slow down and yield to vehicles in the intersection or approaching close enough to be dangerous. Stop if necessary. The Revised Statutes of Missouri provide the legal text for this and other traffic regulations.

13. U-Turns

Only make U-turns where they are allowed and where you have a clear view. Make sure you can turn safely without affecting other traffic. This guide offers more information on U-turns and other right-of-way rules.

14. Merging

When merging, yield to traffic already in the lane. The merging driver is usually at fault in an accident unless the other driver was speeding or doing something else wrong. This resource provides a comprehensive look at merging and other right-of-way scenarios.

15. T-Intersections

At T-intersections, the driver on the road that ends must yield to traffic on the through road. This helps prevent accidents. This article provides additional information on right-of-way at T-intersections and other intersection types.

16. Controlled Intersections (Stop Signs/Traffic Signals)

At controlled intersections with stop signs or traffic signals, yield to vehicles already in the intersection. Always stop completely at stop signs. This resource clearly explains right-of-way rules at controlled intersections.

The Myth of Absolute Right of Way

Many drivers mistakenly believe that having the right of way grants them absolute authority to proceed, regardless of circumstances. However, Missouri courts have repeatedly emphasized that right-of-way laws create reciprocal duties among drivers.

Key Case:

  • Haymes v. Swan, 413 S.W.2d 319 (Mo. App. S.D. 1967): The court highlighted that the right of way does not grant an unconditional right to proceed without regard for existing conditions. Drivers must exercise caution and cannot ignore potential hazards simply because they believe they have the right of way.

How Right-of-Way Laws Affect Liability in Accidents

Understanding right-of-way laws is essential when determining liability in car accidents. Failing to yield the right of way can be considered negligence and may make a driver liable for damages resulting from an accident. However, even if a driver technically had the right of way, they might still share liability if they failed to exercise reasonable care.

Factors That Can Influence Liability:

  • Speeding: A driver entering an intersection first but speeding may still be found negligent.
  • Distractions: Failing to pay attention, even when you have the right of way, can affect liability.
  • Impaired Driving: Operating a vehicle under the influence negates the protections typically afforded by right-of-way laws.

Penalties for Right-of-Way Violations

Violating right-of-way laws in Missouri carries significant consequences, ranging from fines and license suspensions to impacting your liability in an accident. Understanding these penalties can encourage safer driving practices for everyone.

According to Missouri law, failing to yield the right-of-way can result in a Class C misdemeanor with fines up to $1,000. More seriously, depending on the severity of the violation, particularly if it involves injuries or fatalities, your driver’s license could be suspended for 30 to 180 days. These are just the initial criminal penalties you could face.

Beyond criminal penalties, ignoring right-of-way laws exposes you to civil liability. Even if you technically had the right-of-way, you could still share responsibility for damages if you failed to exercise reasonable care. Missouri’s comparative fault system allows courts to assign a percentage of blame to each driver. This means your compensation could be reduced proportionally to your assigned fault. For example, if you’re found 20% at fault, your recovery could be reduced by that same 20%.

If you’ve been involved in a car accident where right-of-way is a factor, seeking legal counsel is a good idea. A personal injury attorney can help you understand your rights and responsibilities under Missouri law. Contact the Law Office of Chad G. Mann for a consultation to discuss the specifics of your case.

Why This Matters for You

  • Prevent Accidents: Knowing and following right-of-way rules helps prevent collisions.
  • Protect Legal Rights: Understanding these laws ensures you’re better prepared to protect your rights if an accident occurs.
  • Avoid Liability: By exercising caution and not assuming absolute rights, you reduce the risk of being found negligent.

How The Law Office of Chad G. Mann, LLC Can Help

Interpreting right-of-way laws and how they apply to specific situations can be complex. Our experienced legal team can:

  • Provide Legal Guidance: Explain how right-of-way laws affect your case.
  • Investigate Accidents: Gather evidence to determine fault and liability accurately.
  • Advocate for You: Represent your interests in negotiations and court proceedings to seek the compensation you deserve.

Personal Injury Expertise in Southwest Missouri

Accidents happen. And when they do, it’s important to have someone in your corner who understands the nuances of Missouri law. Here in Southwest Missouri, The Law Office of Chad G. Mann, LLC, focuses on helping individuals navigate the complexities of personal injury cases, including those stemming from car accidents. We understand the challenges you face after an accident and are committed to providing compassionate and effective legal representation.

Understanding right-of-way laws, like those detailed in Section 304.351 of the Revised Statutes of Missouri, is a critical piece of the puzzle. These laws dictate who has the right of way in various situations, from uncontrolled intersections to those governed by traffic signals. Knowing these rules isn’t just about avoiding tickets—it’s about establishing liability after an accident. For example, if another driver fails to yield and causes a collision, a clear understanding of right-of-way can significantly impact your claim.

It’s also important to remember that right-of-way isn’t absolute. Even if you technically have the right of way, you still have a responsibility to drive safely and avoid foreseeable harm. This concept of reciprocal duties, as highlighted in the case of Haymes v. Swan, means that everyone on the road shares a responsibility for safety. Ignoring potential hazards, even when you believe you have the right of way, can lead to shared liability in an accident. This is why having experienced legal counsel is so important.

If you’ve been injured in a car accident in Southwest Missouri, having a knowledgeable attorney can make all the difference. Contact The Law Office of Chad G. Mann, LLC for a free consultation. We can help you understand your rights, investigate the accident, and work towards securing the compensation you deserve. We’re here to help you through every step of the process, offering personalized attention and support. You can also learn more about our firm and our approach to personal injury cases by visiting our Practice Areas page. We’re committed to providing the clear guidance and strong advocacy you need during this difficult time.

Contact Us Today

If you’ve been involved in a car accident in Springfield or anywhere in Missouri, understanding right-of-way laws can significantly impact your case. Contact The Law Office of Chad G. Mann, LLC for a free consultation. We’re here to help you navigate the legal system and protect your rights.

Related Articles

Frequently Asked Questions

If I enter an intersection first, do I always have the right of way? Not necessarily. While entering first generally gives you the right of way at an uncontrolled intersection, it’s not absolute. You still have a responsibility to drive cautiously and be aware of other vehicles. Speeding, distractions, or other hazardous actions can negate your right of way, even if you technically entered the intersection first.

What happens if two vehicles arrive at an uncontrolled intersection simultaneously? If two vehicles approach an uncontrolled intersection at roughly the same time, the vehicle on the left must yield to the vehicle on the right. Think of it as the vehicle to your right having the right of way in this specific scenario.

I have the right of way. Do I still need to be cautious? Absolutely. Having the right of way doesn’t give you permission to disregard safety. You always have a responsibility to drive defensively and avoid potential accidents, even if another driver is technically at fault for failing to yield. Missouri law recognizes reciprocal duties, meaning all drivers share a responsibility for safety.

What should I do if I’m unsure who has the right of way? When in doubt, err on the side of caution. Yielding the right of way, even if you think you have it, can prevent accidents. It’s always better to be safe than sorry, especially when navigating complex intersections.

How can a lawyer help me with a right-of-way accident case? A lawyer specializing in car accidents can help you understand how Missouri’s right-of-way laws apply to your specific situation. They can investigate the accident, gather evidence, and determine who was at fault. They can also represent you in negotiations with insurance companies or in court if necessary, working to get you the compensation you deserve.

Chad Mann

By admin

I’m a dedicated personal injury attorney based in the Ozarks of Southwest Missouri, committed to standing up for individuals who have been wronged or injured. Since 2017, I’ve focused my legal career on personal injury law—particularly automobile accidents and car crash cases—because I believe in fighting for those who are often overwhelmed by powerful insurance companies and complex legal systems. I graduated with high honors from the University of Arkansas William H. Bowen School of Law, where I had the privilege of serving as Chair of the Moot Court Board. That experience honed both my advocacy skills and my dedication to excellence in legal practice. Before opening my own law firm, I gained invaluable experience working closely with some of the largest insurance companies in the nation. That background now gives me an insider’s perspective on how insurance carriers operate—and I use that knowledge every day to level the playing field for my clients.

SUBSCRIBE NEWSLETTER