Legal Question in Traffic Law in Virginia

improper turn at an intersection

What is the law concerning a car turning right on red but collides with thecar who has the green arrow and turning left coming from the opposite direction off of the interstate?

Does the car who had the green arrow have the right of way to the car with the right on red light? There were 2 lanes. Should the car with right on red yield no matter what lane the car with the green arrow chooses?


Asked on 1/24/06, 1:28 pm

2 Answers from Attorneys

Brian Miller Brian M. Miller, Attorney at Law

Re: improper turn at an intersection

Yes you have it right...the car making a right on red must yield to the car with the green left turn arrow.

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Answered on 1/24/06, 1:56 pm
Jonathon Moseley Jonathon A. Moseley

Re: improper turn at an intersection

Part of the rule on turning right on red is that

you must first LOOK and see that you can make

the turn SAFELY without interfering with other

traffic. So, generally speaking, if another car

hits you while you are turning right on red it

tends to show that you could NOT turn safely and

should not have gone and tried it.

However, if something happened that could not

have been seen, reasonably, then maybe not.

For example, a car coming the other way swerves

into the wrong lane, so that there was no way

that one could have anticipated that they

would change lanes. If it looked like it was

clear, but something CHANGED (as in the other

car changed lanes SUDDENLY) then it might go the

other way.

A driver has the same obligation to look and see

if he can change lanes safely before changing

lanes. So one cannot make a left turn from

the opposite direction, swerve into the other

lane, and then smash into someone they could see

was entering that lane also.

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Answered on 1/24/06, 5:35 pm


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