This one is for those of you who struggled to concentrate in your 6 a.m. high school driver's ed class. You may have sleepily absorbed that the proper hand positions while driving are ten and two (or the far less preferable nine and three), but do you recall the finer points of driving laws?
We have discussed the merits of defensive driving. Taking it further, let's discuss using caution at intersections. Mont. Code Ann. § 61-8-339(1) states that when two or more vehicles enter or approach an intersection from different highways, the driver of the vehicle on the left shall yield the right of way to all vehicles approaching from the right that are close enough to produce an immediate hazard. (Don't try to argue that your local street is not a highway. For purposes of the Montana Code, it is.)
That seems pretty self-explanatory, right? If you and another driver reach an uncontrolled intersection at the same time and they are to your right, you must stop for them. It's the language at the end of the law that presents a conundrum. How exactly is an "immediate hazard" defined? The statute doesn't give a specific number of feet.
The statute is intended to sort vehicles approaching an intersection into "favored" and "unfavored" drivers in order to "facilitate the orderly movement of automobiles." Tonner v. Cirian, 2012 MT 314, ¶ 11, 367 Mont. 487. Even if you are the favored vehicle, you can still be found negligent in some situations. And even if you decided the vehicle to your right was far enough away that it wouldn't create an immediate hazard, you can still be at fault if there is a crash.
The best advice for navigating these vague statutory terms is to always proceed with caution at any intersection, whether or not you are technically on the right. All too often, drivers fail to yield, and that is how car accidents happen. Practice defensive driving. Even if you are in the right, both literally and figuratively, take a moment at an uncontrolled intersection to make sure the unfavored vehicle to your left has begun to stop before you proceed. Those extra few seconds could prevent a tremendous amount of financial and physical strain.
Were you hurt in a crash where the other driver failed to yield to you? Contact the attorneys at diStefano & Mattingley, PLLP to set up a consultation. We will advocate for you to receive compensation for your injuries and the damage to your car.