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In the following extremely detailed image. Who has the right awa

In the following extremely detailed image. Who has the right awa
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Lace 15.6 yrs
~ 8 hrs ago    
In the following extremely detailed image. Who has the right away. "disclaimer" . Obviously, I know how to manage this situation, but it occurs daily at this intersection in my hood. Me and DH disagree greatly as who has the actual R.O.W here.
Car 1 is turning right at stop sign, car 2 is parked on the road. Car 3 is coming towards car 1.
Does car 1 have to yield to car 3? What usually happens is car 1 begins their turn before car 3 moves over to go around car 2. Or does car 1 have the right of way because car 3 should make sure it is safe to go around .
 
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justanirishgirl, MooMaw and West-Tex reacted
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Anurania Online
~ 8 hrs ago    
Generally speaking car 3 has priority because it's traffic on a road that car 1 wants to enter. Car 1 has to wait at the stop sign until it's clear to enter the road. If they can see that car 3 is coming and is about to pass car 2 they should continue waiting. The right of way test is whether car A's behavior causes car B to have to alter its speed/behavior.
ginx, MooMaw and Lace reacted
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West-Tex Top Forum Contributor15.5 yrs
~ 8 hrs ago    
Lace :
 
If Car 3 must cross into Car 1's lane to get around Car 2…Car 3 must yield when Car 1 is an immediate hazard! Car 1 still cannot pull out if doing so would interfere with traffic that has the right-of-way!
 
My thoughts! What does everyone else say?
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Floyd Top Forum Contributor11.8 yrs
~ 7 hrs ago    
#msg2209747What does everyone else say?
 
West-Tex : Which ever one I'm in is the one who has ROW...
 
But seriously, I'd say it depends on the distance on how I'd handle it. If I'm at the stop sign and can't confirm I can complete my turn before the other car would have to start moving into my lane to pass, I'm waiting for them to pass. If I can turn and take possession of that lane before car 3 gets to car 2 and starts to drift over, car 3 better wait.
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Lace 15.6 yrs
~ 7 hrs ago    
Floyd :
Yes. And that's how we handle it. But there have been close calls in both scenarios because sometimes car 3 will be well in to their pass ( and sometimes it actually 3 cars parked there), and the stop sign person doesn't even stop.. Or car # 3 moves over after 1 is already out..
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TootsieRoll Top Forum Contributor8.1 yrs
~ 7 hrs ago    
Go a different way.
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Lace 15.6 yrs
~ 7 hrs ago    
TootsieRoll :
Thank you for your very thoughtful reply.. There is no other way.
Catmae, TexanFan1 and justanirishgirl + 1 more reacted
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SarcasmWins
~ 4 hrs ago    
When I drove a Dodge Polara with red blinking lights on the roof I had the right of way, no matter which position I was in. And a siren to make sure the other guys knew it too.
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ginx Top Forum Contributor14.4 yrs
~ 4 hrs ago    
No stop sign for the traffic car 3 is driving?
justanirishgirl reacted
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Lace 15.6 yrs
~ 4 hrs ago    
ginx :
Correct.
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justanirishgirl Top Forum Contributor5.9 yrs
~ 3 hrs, 25 mins ago    
SarcasmWins :
So, you were a cop?
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ginx Top Forum Contributor14.4 yrs
~ 2 hrs, 34 mins ago    
lace fwiw I ran through Gemini and included your detailed drawing

Car 1 must yield the right-of-way.

 
Here is a breakdown of how traffic law assigns legal duty and liability in this exact situation:
 
---
 
### Legal Duties of Each Driver
 
#### 1. Car 1 (Driver at the Stop Sign) - *Primary Duty to Yield*
 
* **Absolute Requirement to Yield:** Under standard rules of the road (such as *Texas Transportation Code § 545.151* / *§ 544.010*), a driver facing a stop sign must come to a complete stop and **yield the right-of-way to all vehicles approaching on the cross street**.
* **Immediate Hazard:** Car 1 cannot enter or make a turn onto the main roadway until the main street is clear of oncoming traffic in both directions.
* **Lack of Priority:** Because Car 1 has not yet legally entered or established its position on the main road, it has no claim to the lane-even if Car 3 is temporarily occupying the opposing lane to navigate around parked Car 2.
 
#### 2. Car 3 (Driver Overtaking Parked Car 2) - *Right of Through Travel*
 
* **Navigating an Obstruction:** Drivers on a primary roadway are permitted to cross the center line or use the opposing lane when necessary to pass an obstruction or parked vehicle.
* **Priority Over Stop Signs:** Car 3 has the right-of-way over side-street traffic controlled by a stop sign.
* **Duty of Reasonable Care:** Car 3 must ensure it is safe to maneuver around Car 2, but its primary duty in the oncoming lane applies to vehicles *already lawfully traveling* in that lane, not vehicles waiting at a stop sign.
 
---
 
### Summary Table
 
| Vehicle | Action | Controlling Factor | Right-of-Way Status |
| --- | --- | --- | --- |
| **Car 1** | Turning or entering from stop sign
 
| Controlled by Stop Sign
 
| **Must Yield** |
| **Car 2** | Parked on shoulder/street
 
| Static Obstruction | N/A |
| **Car 3** | Passing parked Car 2 on main street
 
| Uncontrolled Main Roadway
 
| **Has Right-of-Way** |
 
> **Key Takeaway:** Car 1 must remain stopped until Car 3 completes its pass around Car 2 and the main road is completely clear. Entering the roadway while Car 3 is actively approaching would constitute a *failure to yield right-of-way*.
>
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TexanFan1 16.9 yrs
~ 2 hrs, 28 mins ago    
I'm still looking for the extremely detailed drawing.
 

Just kidding!! Emoticon
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