• 2001 - Right-of-Way at Intersection
  • C-3.18
    • Highways And Roadways
    • Intersections
    • Motor Vehicles
    • Right-of-way
    • Speed
    • Tort Liability
    • Tort Liability
  • If two (2) vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right, except in certain situations not pertinent to this case.

     

    Vehicles enter an intersection at approximately the same time if there is imminent danger of collision, unless one or both alters its course or speed.

     

    The phrase "at approximately the same time" does not mean "at precisely the same instant."

     

    If the vehicle approaching the intersection on the right from a different highway is so near to the intersection as to constitute an apparent or immediate hazard, the driver of the vehicle on the left must wait until the other vehicle has passed. The driver of the vehicle on the left may enter the intersection only if a person of ordinary prudence would have had reasonable grounds to believe that the other vehicle was so distant from the intersection and proceeding at such a speed that one could safely proceed in advance of the other vehicle.

    • 39-07-03
    • 39-10-22
    • 39-10-22.1
    • 39-10-24
    • Ross v. Scott, 386 NW2d 18 (ND 1986)
  • Notes: "Through highways" (NDCC 39-07-03) and "freeways" (NDCC 39-10-22.1) are within the exception referred to in the first paragraph of this instruction. NDCC 39-10-22.1, 39-10-24. If the case involves a through highway, use NDJI C - 3.32, Highway Protected by "Stop” Sign. See also NDJI C - 3.30, Highway Protected by "Yield" Sign.