Today’s blog involves one of my personal favorite traffic laws. Yes, believe it or not, I have a favorite. While it may be hard to understand why anyone would get excited about any particular traffic law, I love today’s statute simply because it is a law that many of us remember seeing on our driver’s exam when we were first getting a license. Unlike the easier, common sense statutes, today’s statute is often used on license exams as it deals with one of those situations that may not be easily answered by simple common sense and, thus, driver’s exams love to ask it.
KSA 8-1526 deals with the rule for giving driver’s a way to determine who has the right-of-way when approaching an intersection. Come on, say it with me, we all know the rule now….”right-of-way is given to the driver on your right when two vehicles reach an intersection at the same time.” The policy here is also pretty clear. The legislature wanted a rule so people would not have accidents believing one person would yield to the other when no one is too sure who reached the intersection first.
As a defense attorney, it seems one could argue back and forth as to whether the vehicles really reached the intersection at same time. I could see a case where both driver’s believed the other was slightly slower in reaching the intersection.
For the prosecution, you hope you have a second confirmation of who really reached the intersection first by an officer or second witness. Most of all however, you want to make sure people understand and practice the technique of abiding to this rule even if the timing is questionable. More accidents could be avoided if this rule was followed even in close, but not quite the same time situations.
Give me your thoughts on your state’s statute regarding this rule. Are there any statutes out there that deal with this situation differently?
Until next time. Drive safe!