Rules of the Road for Drivers

ORS 811.275
Failure to yield right of way at uncontrolled intersection

  • penalty


(1)

A person commits the offense of failure to yield the right of way at an uncontrolled intersection if the person is operating a motor vehicle that is approaching an uncontrolled highway intersection and the person does not look out for and give right of way to any driver on the right simultaneously approaching a given point, regardless of which driver first reaches and enters the intersection.

(2)

This section is subject to the described provisions of the following sections:

(a)

The provisions of ORS 811.260 (Appropriate driver responses to traffic control devices), relating to stop signs and yield signs.

(b)

The provisions of ORS 811.285 (Failure of merging driver to yield right of way), relating to the requirements to yield the right of way upon entering a freeway or other arterial highway.

(c)

The provisions of ORS 811.277 (Failure to yield right of way at uncontrolled T intersection), relating to the right of way at an uncontrolled T intersection.

(3)

A person entering an intersection at an unlawful speed shall forfeit any right of way the person would otherwise have under subsection (1) of this section.

(4)

The offense described in this section, failure to yield right of way at an uncontrolled intersection, is a Class B traffic violation. [1983 c.338 §611; 1985 c.16 §311; 1987 c.138 §4; 2003 c.183 §3]

See also annotations under ORS 483.202 in permanent edition.

Notes of Decisions

Under Former Similar Statute

When plaintiff introduces evidence of defendant's failure to yield right of way, defendant may refute it by introducing evidence of favored vehicle's excessive speed, but if defendant does not introduce such evidence, it is error to give an instruction on excessive speed. Medina v. Mayo, 267 Or 315, 516 P2d 1297 (1973)

Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Source

Last accessed
Jun. 26, 2021