If you’ve watched enough television shows, you’re bound to have seen a motorist pulled over for failing to yield to the right of way of someone else. A Chicago law enforcement officer may even have cited you for not yielding to the right of way of another and alleged that it contributed to causing an accident.
Most anyone can easily look at the words in a phrase like “yielding to the right of way” and understand the different words that comprise the phrase. However, an average person’s understanding of a concept like this can significantly differ from a municipality’s, county’s, or state’s legal definition of it.
The latter is what truly matters in the end. It’s what determines whether a motorist receives a citation and whether a victim of a car accident is eligible to recover compensation if they get hurt in a crash. So, let’s deep dive into what this phrase means in the context of Illinois law.
When Must Illinois Drivers Yield to the Right of Way of Others?
Chapter 625 of the Illinois Compiled Statutes (ILCS), and more specifically, the section of the Illinois Vehicle Code, codified as 625 ILCS 5, Ch. 11 Art. IX outlines the circumstances under which our state requires motorists to yield to the right of way of others. Those circumstances include:
Vehicles Yielding to the Right of Way of Other Automobiles
Motorists have a few right of way obligations when they approach an intersection, depending on whether there is a stop sign or traffic light controlling it.
Right of Way at Illinois Intersections Controlled by Lights
The Illinois Vehicle Code described above lays out the following right of way obligations motorists have when approaching intersections with traffic signals:
- State law authorizes drivers looking to make a right turn at a red light to do so after first reaching a complete stop—provided there isn’t a “no turn on red” sign posted, and the path is clear
- Motorists who initiate a left turn in an intersection on green are lawfully able to complete their turn—even if the light changes to red during the process
- In a situation in which the electricity goes out, leaving the intersection uncontrolled, and two motorists arrive at the same intersection at the same time, the driver on the left has the right of way
Right of Way at Illinois Intersections With Stop Signs
Like intersections with traffic signals, the Illinois Vehicle Code also clearly details different situations in which motorists have the right of way when approaching intersections controlled by stop signs. Those right of way obligations include:
- The motorist who arrived at a 4-way intersection first qualifies to travel through the intersection before any other driver
- The driver on the left should proceed through the intersection first when they arrive at it simultaneously with another motorist
- Drivers are entitled to proceed through an intersection controlled by a flashing red light or stop sign provided they stop before reaching the crosswalk or stop line and verify that the path is clear
Additional Right of Way Obligations Illinois Motorists Have
There are a few other instances in which motorists have duties to respect others’ right of way in Chicago and elsewhere in Illinois, including:
- When encountering emergency vehicles with lights or sirens turned on
- Illinois drivers must only enter active traffic from a parking lot, driveway, alley, private road, or alleyway after reaching a full stop and evaluating the safety of doing so
- Motorists should prepare to slow down or reach a full stop (even if it means not moving once a light turns green) at a yield sign, giving others in active traffic the right of way if necessary to avoid a collision
- When it comes to one-lane roads, drivers traveling downhill have the right of way over drivers traveling uphill (should the roadway have a slope)
- Drivers merging onto an interstate or another roadway from an on- or off-bound ramp must accelerate or decelerate their vehicle as necessary to ensure their safe merging into traffic so as to not infringe upon the right of way of other motorists in active traffic and potentially cause an accident
Cars Yielding to the Right of Way of Pedestrians
Illinois Vehicle Code Section 11-1002(a), cited in the same resource linked above, outlines how motorists are obliged to yield to pedestrians’ right of way when the latter already occupies at least one-half of the road the driver is on. At the same time, the following section of Illinois code 11-1002(b) spells out how pedestrians must take precautions not to unnecessarily depart “places of safety” and venture into a car’s path, endangering their lives.
The following section of code 11-1002(c) specifies instances in which motorists may have the right of way as opposed to pedestrians. Illinois Vehicle Code 11-1003(a) specifically points to crossing the street without utilizing a marked crosswalk, a concept known as jaywalking, as an example of a situation where drivers have the right of way over pedestrians.
Illinois law requires drivers navigating school zones to follow the same crosswalk rules that they do on any other city street, which is to solely yield to the right of way of students in a crosswalk.
There is an exception to the above-referenced pedestrian right of way laws outlined in Illinois Vehicle Code section 11-1004. That code specifies that motorists must extend the right of way to any persons they suspect may have disabilities, whether they are navigating the roadway within a crosswalk. However, that same state statute specifies how individuals using electric wheelchairs on the sidewalk or road must follow the same rules any other pedestrian would be expected to.
Illinois Drivers’ Obligations To Respect the Right of Way of Bicyclists
Per the Illinois Secretary of State, motorists must treat bicyclists like they would any other automobile and thus extend them the same right of way protections that they would to any other driver they encountered.
Your Options if a Motorist Who Failed To Yield to Your Right of Way Strikes You
As you likely comprehend, Illinois’s right of way laws exist to establish guidelines motorists and pedestrians should follow to enhance their safety when sharing the roadway with one another. The problem is that most people don’t apprise themselves of these laws intended to keep themselves and others safe.
While Chicago area law enforcement agencies often cite drivers for failing to yield to others’ right of way when responding to accident scenes, that only penalizes the driver criminally for what they did through the imposition of nominal fines. This doesn’t help much if a driver strikes and seriously hurts you.
Filing an insurance claim may be necessary to recover compensation for your injuries. You can schedule a free case evaluation with a lawyer from Thomas Law Offices to learn whether filing a personal injury lawsuit is the right course of action to secure a settlement in your case.
Who We Are
Reviews
