Understanding Right-of-Way

Driving in Illinois can sometimes feel like a delicate dance—especially when you approach a busy intersection, a four-way stop, or a crowded freeway on-ramp. Knowing who has the right-of-way at an intersection is about safety, preventing collisions, and staying on the right side of Illinois traffic laws, and it’s also nice to be polite. Unfortunately, confusion about right-of-way rules is a leading cause of traffic accidents.

At Marker Law, LLC, we understand that even careful drivers can be involved in collisions because another driver didn’t yield when required. When that happens, you shouldn’t have to navigate the legal aftermath alone. With more than 25 years of client-focused experience, we’re here to explain your rights, help you understand Illinois laws, and protect you from insurance companies trying to shift blame.

Why Right-of-Way Matters

Right-of-way rules determine which driver has the legal right to proceed first in a given traffic situation. These rules aren’t suggestions. They’re part of Illinois right-of-way laws found in the Illinois Vehicle Code. Violating these laws can result in traffic citations, fines, and, most importantly, preventable accidents.

For example, according to the Illinois Department of Transportation, intersection-related crashes account for roughly one-third of all traffic accidents in the state. Many of these occur because at least one driver misunderstood or ignored right-of-way rules. Understanding these laws can significantly reduce your risk of being involved in such accidents.

Who Has the Right-of-Way at an Intersection?

When you arrive at an intersection, the rules about who goes first depend on the type of intersection and the situation:

Uncontrolled intersections (no stop signs, yield signs, or traffic lights). The driver on the right generally has the right-of-way if two vehicles arrive at the same time.
Controlled intersections. Follow the signals or signs. If two drivers face stop signs, the one who arrived first goes first. If arrival is simultaneous, the driver on the right proceeds.
Turning left. A left-turning driver must yield to oncoming traffic unless there is a protected green arrow signal.
Pedestrians. Drivers must yield to pedestrians in crosswalks who are lawfully in the intersection, even if they are crossing against a flashing “Don’t Walk” signal.

In short, when in doubt, yield. It’s safer to let another driver proceed than to risk a collision.

4 Way Stop Rules in Illinois

Many people hesitate when facing a four-way stop because they’re unsure of the way stop rules in Illinois. Here’s a simple guide:

First come, first go. The driver who stops first proceeds first.
Tie goes to the right. If two or more drivers arrive at the same time, the driver to the right has the right-of-way.
Turning left yields. Drivers turning left must yield to any vehicle approaching from the opposite direction.

These rules seem straightforward, but hesitation or assumption can still lead to accidents. That’s why it’s crucial to make eye contact with other drivers and proceed with caution.

Who Has the Right-of-Way When Merging onto the Freeway in Illinois?

Merging situations are another common point of confusion. Under the guidelines for who has the right-of-way when merging onto the freeway in Illinois, drivers already on the freeway have the right-of-way. The merging driver is responsible for adjusting speed and timing to enter traffic safely without forcing other drivers to brake suddenly or change lanes.

That said, freeway drivers should remain alert and adjust if necessary to prevent collisions. Safety always takes priority over being “technically” correct.

Common Mistakes That Lead to Right-of-Way Accidents

Even experienced drivers make errors when interpreting right-of-way rules. Some of the most frequent mistakes include:

Assuming other drivers will yield when they are supposed to,
Forcing the right-of-way instead of yielding to avoid a crash,
Misjudging speed and distance when turning left,
Failing to notice pedestrians or cyclists in crosswalks, and
Ignoring stop sign rules at multi-lane intersections.

Remember, the law sets the standard, but defensive driving can prevent accidents when others fail to follow it.

What to Do If Someone Fails to Yield and Causes an Accident

If another driver ignores right-of-way rules and you’re injured as a result, you may be entitled to compensation for medical bills, lost wages, and other damages. Illinois follows a modified comparative negligence rule, meaning you can recover damages if you are less than 51% at fault for the accident.

Here’s what to do after a right-of-way crash:

Call 911 and request medical attention if needed;
Document the scene with photos and witness statements;
Get the other driver’s information, including insurance details;
File a police report for official documentation; and
Contact an attorney before speaking to the insurance company.

Marker Law can help you gather evidence, negotiate with insurers, and fight to protect your rights.

FAQs About Right-of-Way in Illinois

Who Has the Least Right-of-Way at an Intersection?

Generally, vehicles turning left have the least right-of-way because they must yield to oncoming traffic, pedestrians, and cyclists.

Does Left Turn Always Yield?

Left-turning drivers must almost always yield to oncoming traffic unless they have a protected green arrow or the oncoming vehicles are stopped.

Which Two Vehicles Should Be Given the Right-of-Way?

Pedestrians in crosswalks and vehicles already in the intersection should be given the right-of-way to maintain safety and traffic flow.

Let Us Guide You After a Right-of-Way Accident

Understanding who has the right-of-way at an intersection is about protecting yourself, your passengers, and others on the road. Misunderstandings can lead to costly accidents, injuries, and legal disputes.

At Marker Law, we make sure our clients not only understand the law but also feel heard and supported throughout the legal process. If you’ve been injured because another driver failed to yield, we can help you hold them accountable and pursue the compensation you deserve.

A consultation with our Naperville office is always free, and we prioritize clear communication every step of the way. Call us today, and let us help you navigate the road to recovery.