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Under C.R.S. § 42-1-102, the “right-of-way” in Colorado means one driver’s or pedestrian’s right to go before the other when they are at risk of a collision due to their speed, direction, and proximity. Right-of-way rules in Colorado can vary based on circumstances such as whether a person is traveling by vehicle or foot, whether there is a stop sign or traffic signal at the intersection, and even whether they are traveling uphill or downhill on a mountain road.
When everyone knows and follows Colorado’s right-of-way laws, accidents should be avoidable. Unfortunately, that is not always the case. A right-of-way violation may be a factor when you seek just compensation after being injured in a crash.
Who Has the Right-of-Way at an Intersection?
In Colorado, cities and counties can establish their own traffic rules for the streets within their boundaries. Local governments are encouraged, but not required, to adopt the statutes set out in the Model Traffic Code for Colorado for their traffic ordinances. If the state and local laws conflict, the state law must be followed if you are on a state highway. Otherwise, you must obey the local laws.
Under the Model Code of Traffic for Colorado, the following right-of-way rules apply when you approach an intersection:
- With stop signs – As a driver, you must come to a complete stop at an intersection with a stop sign. If the other traffic has no stop sign, you must let it pass before you continue. If it is a four-way stop sign, you must yield to any vehicle that has already entered the intersection. When multiple vehicles arrive at the same time, yield to the vehicle on your right.
- With traffic lights – It is always important to look for traffic lights when you approach an intersection and before you try to make a turn. When the light is green or shows a yellow arrow, you must yield to oncoming traffic before you turn. If the light shows a green arrow, you will have the right-of-way.
- With no lights or signs – If an intersection doesn’t have a stop sign or traffic light, you must slow down as you approach and yield to any other vehicle that has entered the intersection.
As a driver traveling down the road, you will have the right-of-way over any other motorist who tries to enter the road from a private street, driveway, or parking lot. In all situations, both motorists and pedestrians must exercise reasonable care to avoid collisions. Contact our Denver car accident lawyer today.
Who Has the Right-of-Way on a Mountain Road?
Although Colorado’s mountain roads can provide highly scenic drives, they can also be steep, narrow, and poorly maintained. It’s essential to know the right-of-way laws and other rules designed to promote safe travel on these roads.
Under C.R.S. § 42-4-711, when traveling on “narrow mountain highways with turnouts having a grade of six percent or more,” the driver who is going uphill has the right-of-way over any vehicle going downhill – except when it would be more practical for the uphill driver to return to a turnout.
On a mountain road, you must also drive as near to the right-hand side of the road as reasonably possible. If you approach a curve with a view that is obstructed within 200 feet along the road, you must honk your horn to give a warning.
What Are the Right-of-Way Laws for Pedestrians?
As a pedestrian, you should enter the road only at crosswalks. If you try to cross at any point other than a crosswalk, you must yield to any vehicles on the road. You also cannot cross at an intersection diagonally unless a traffic control signal allows it.
At intersections with crosswalks, you must follow all traffic or pedestrian crossing signals. You can only cross the intersection when you get the “Walk” signal. If the crosswalk has no functioning traffic control signals, a pedestrian who has entered the crosswalk has the right-of-way over any approaching vehicles.
Who Has the Right-of-Way with Special Vehicles?
In some situations, the right-of-way in Colorado depends on whether a special vehicle is involved. The rules are:
- Trains – As a driver, you cannot cross a train track when the safety gates are down. A pedestrian should never try to cross a track unless they use a marked crossing.
- School buses – If the school bus has its “Stop” sign out or lights flashing, you must stop and yield the right-of-way to any pedestrians getting on or off the bus.
- Emergency vehicles – If you encounter a police car, fire engine, or ambulance with its lights or siren operating, you must yield to it by pulling over to the side of the road until it passes.
Are Right-of-Way Laws Used to Determine Who Is At Fault for an Accident?
A person can be held liable for causing a collision when they don’t meet their duty to exercise reasonable care and caution on the road. Because state traffic laws and local ordinances are designed to ensure the safety of everyone on the road, violating those rules could serve as evidence that someone has failed to fulfill their duty of care. The negligent driver could be required to pay for the harm they caused.
If you were injured in a crash caused by a driver who didn’t yield the right-of-way, a car accident attorney can help you hold them accountable. They can gather evidence showing the driver didn’t yield when required, such as dashcam footage or skid marks. You may seek compensation for your medical bills, lost wages, pain and suffering, and more.
Contact a Colorado Car Accident Lawyer
At The Wilhite Law Firm, we provide personalized, compassionate legal representation to people who are at their most vulnerable. If you were recently injured in a car accident in Colorado, contact us today. You can discuss the specific facts of your case with an experienced car accident lawyer who can help you understand your legal rights and options.
Our firm has been serving Colorado since 1977, and our team has decades of legal experience. We have secured over a billion dollars in compensation for injury victims, including a $4.8 million settlement for auto accident injuries. Our clients call us “tough, tenacious, and smart.” Reach out to find out what we can do for you.
