Right-of-way issues can turn an ordinary ride-share trip into a major collision. For example, a driver may fail to yield, make a dangerous turn, or go into an intersection without checking for approaching traffic. Determining who has the legal right to proceed often determines fault and the right to seek compensation for injuries or property damage.
But what is the right of way in driving? In driving, the right of way means having the legal priority to proceed on the road. Yielding to pedestrians in a crosswalk is one example, but there are others. Giving another driver the right of way in an intersection is another. Traffic signs, signals, and local laws determine who must yield.
Based on 2024 crash data from the Texas Department of Transportation, failure to yield the right-of-way at open intersections, stop signs, and yield signs was recorded as a contributing factor in thousands of Texas crashes.
When it comes to ridesharing accidents, insurance coverage could also be influenced by whether the driver was awaiting a request, picking up the passenger, or ending the ride.
Let’s take a closer look at how right-of-way violations can cause rideshare crashes and affect responsibility for the resulting damages.
Right of Way in Plain Terms
The laws concerning who gets to proceed first and who has to wait differ somewhat between jurisdictions. Often, the main difference between one state and another is the wording used. The Texas Transportation Code provides a simple breakdown. If there are no signals or signs at an intersection, the first driver to arrive has the right of way. When two drivers arrive simultaneously, the driver on the right has the right of way. A driver making a left turn yields to oncoming vehicles close enough to be a hazard. This same code includes a rule that could be taped to the dashboard of every rideshare driver out there.
Where Rideshare Trips Break the Rules
The left turn is problematic for riders. A driver sees the rider across the road, takes a left turn into the lot, and miscalculates an approaching vehicle or pedestrian in the crosswalk.
Curbside stops come with their own risk factors. The ridesharing vehicle moving away from the curb should yield to the traffic already existing in the lane. Stopping too close to other cars in a travel lane invites a rear-end collision. Throwing open the door into a bike lane becomes an entirely different issue.
U-turns, rolling stops at a four-way intersection, and lane changes towards the pick-up spot can be found in the list. Distraction is another problem. A driver distracted by a new request or the map will miss the crosswalk.
Georgia riders hurt in a crash may seek help from a Marietta rideshare accident lawyer who understands what they have endured and can help pursue compensation.
Why the App Status Matters for Insurance
Rideshare insurance often depends on what the driver’s app showed at the moment of the crash.
Georgia Code section 33-1-24 lays down an example of that system. Where the application is active but there is no match for the driver, the minimums required are $50,000 for one person and $100,000 for all individuals in an accident, along with $50,000 for property damage.
From the time a driver accepts a match until the trip is completed, the company is supposed to provide a minimum of $1 million in primary insurance for death, personal injury, and property damage, along with at least $1 million in uninsured and underinsured motorist coverage.
Each state writes its own version of the above coverage systems. The personal insurance of a driver not using the app may be the only applicable coverage.
Sorting Out Who Failed to Yield
Fault in these crashes usually involves certain questions. Who had the right of way, and who took it anyway?
The information may come from more sources than one would normally consider. Information from the app can help determine the driving speed, route, and trip status. The dash cam some drivers have will help record the approach to the intersection. Information from traffic cameras, witnesses from surrounding businesses, and the police report will complement the picture.
It is unusual that the blame will be on the passenger for how the car behaved. The other party involved can be other drivers, cyclists, or pedestrians. Recovery can be reduced or eliminated depending on the negligence rule in use in each state.
Rideshare app drivers can face liability for various reasons. There are also potential coverage disputes, and different types of evidence, including the rideshare app, driver behavior, and each party’s liability, may be used to resolve them.
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