Every time you drive, you share the road with others. A critical part of safe driving is understanding who has the right of way—in other words, who gets to go first in various traffic situations. Georgia law has multiple sections addressing right-of-way rules, and failing to follow them can result in a Failure to Yield to Right of Way charge, especially if an accident occurs. Failure to Yield is a misdemeanor traffic offense in Georgia and can carry significant consequences.
This article explains Georgia’s right-of-way laws, common failure-to-yield scenarios, and what happens if you are charged.
Understanding Georgia’s Right-of-Way Rules
Failure to yield often leads to accidents, particularly at intersections, when making left turns, or when merging into traffic. Below are some of the most common right-of-way rules drivers must follow.
Vehicles Approaching or Entering an Intersection
Under Georgia law (O.C.G.A. § 40-6-70), when two vehicles approach an uncontrolled intersection (one without traffic signals or stop signs) at the same time, the driver on the left must yield to the driver on the right.
Exceptions:
- T-intersection Rule: If a driver is approaching an intersection from a road that ends at a T-intersection, they must yield to vehicles traveling on the main road, even if those vehicles are on the left.
- Malfunctioning Traffic Lights: If a traffic light is completely out (dark mode), all drivers must treat the intersection as a four-way stop before proceeding.
Example: If two drivers approach an uncontrolled intersection at the same time, the driver on the left must wait for the driver on the right to proceed first.
T-Intersection Right of Way
At a T-intersection, the driver on the terminating road must yield to all traffic on the main road (O.C.G.A. § 40-6-70).
Uncontrolled Intersection Right of Way
At an uncontrolled intersection, the driver on the left must yield to the driver on the right (O.C.G.A. § 40-6-70).
Yielding During Left Turns
According to O.C.G.A. § 40-6-71, any driver making a left turn into an intersection, alley, private road, or driveway must yield to oncoming traffic that poses a safety risk.
Example: If you are at a traffic light waiting to turn left and another vehicle is approaching from the opposite direction, you must allow them to pass before turning.
Yielding at Stop Signs and Yield Signs
Under O.C.G.A. § 40-6-72:
- At stop signs, drivers must come to a full stop at the stop line or crosswalk. If neither is present, they must stop where they can clearly see approaching traffic.
- At yield signs, drivers must slow down and stop if necessary. If a driver fails to yield and causes an accident, the court may use this as evidence of fault.
Example: If a driver rolls through a yield sign and causes a collision, they could be held responsible for the accident.
Entering a Road from a Non-Roadway (e.g., Parking Lots)
According to O.C.G.A. § 40-6-73, drivers entering a road from a parking lot, driveway, or alley must yield to vehicles already on the road.
Example: If you are pulling out of a shopping center parking lot onto a main road, you must wait for traffic to clear before merging.
Parking Lot to Roadway Right of Way
Drivers entering a road from a parking lot or driveway must yield to vehicles already on the roadway (O.C.G.A. § 40-6-73).
Yielding to Emergency Vehicles
Under O.C.G.A. § 40-6-74, drivers must:
- Move to the right-hand edge of the road and stop when an emergency vehicle with sirens or flashing lights approaches.
- Avoid blocking intersections.
Example: If an ambulance is approaching with lights and sirens on, all vehicles must pull over to the right and allow it to pass.
Yielding in Construction and Maintenance Zones
According to O.C.G.A. § 40-6-75, drivers must yield to workers and vehicles engaged in road construction, especially those with flashing amber lights.
Example: If road crews are directing traffic in a construction zone, drivers must follow their instructions, even if it differs from normal right-of-way rules.
Penalties for a Failure to Yield Conviction in Georgia
A Failure to Yield charge in Georgia is a misdemeanor offense. While it does not typically result in jail time, the penalties can still be serious:
- Fines up to $1,000 (plus court fees)
- Up to 12 months of probation
- Three points on your driving record
- Possible license suspension if you have multiple traffic violations
- Increased insurance premiums for several years
- Potential impact on employment and security clearances
If you already have other violations, a Failure to Yield conviction could push your total points over the limit, leading to a license suspension.
For more details on Georgia’s license suspension rules, [click here].
Why You Should Consider Legal Representation for a Failure to Yield Charge
Many drivers simply pay the fine without realizing the long-term consequences. However, pleading guilty means:
- A permanent mark on your driving record
- Higher insurance rates for several years
- Possible license suspension if you accumulate too many points
An experienced Georgia traffic attorney can help:
- Fight the charge and work to have it reduced or dismissed
- Minimize fines and points on your license
- Protect your driving record and insurance rates
If you are facing a Failure to Yield charge, it is important to know your options before simply paying the fine. Consulting with a qualified attorney can help you understand your rights and explore the best possible defense strategy.