This post has been targeted by comment spam bot probably because of the keyword “legislation” in the subject. I’m turning comments off.
Which driver would have right of way in the following scenario?
Two cars approach an intersection where the east and westbound directions are controlled by stop signs, and the north and southbound directions are through traffic. [Note: stop signs, no stop lights.] Car A, traveling east, is stopped at the stop sign waiting to make a left turn. Car B, traveling west, arrives at the opposite stop sign well after Car A, and is waiting to make a right turn (or, in a slight variant to the scenario, to proceed straight across). When traffic clears from the north and south directions, both Car A and B enter the intersection and collide. Which car had right of way?
When I ask this question, I get two different opinions, split about 50%-50%.
- Half think that car A has the right of way because he came to a stop first.
- Half think that car B has the right of way because right turning traffic (or traffic proceeding straight) has right of way over left turning traffic.
It appears that both of these rules of the road could be applicable here. I guess the question is which rule takes precedence.
Since I live in Iowa, at this point, I care only what the laws in IOWA are. Although I also accidentally found out that Texas has similar laws and possible other states.
Iowa legislature website – You will need to search for the following Iowa Codes by using the search feature.
The applicable Iowa Codes:
321.322 Vehicles entering stop or yield intersection.
1. The driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at the first opportunity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection or at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. Before proceeding, the driver shall yield the right-of-way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection.
2. The driver of a vehicle approaching a yield sign shall slow to a speed reasonable for the existing conditions and, if required for safety, shall stop at the first opportunity at either the clearly marked stop line or before entering the crosswalk or before entering the intersection or at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection.
[C27, §5079-b2, -b3; C31, 35, §5079-b2, -b3, -d2, -d3; C39, § 5026.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.322]
For applicable scheduled fines, see § 805.8A , subsection 8
Additional penalties for violations causing serious injury or death, see § 321.482A
321.320 Left turns — yielding.
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to all vehicles approaching from the opposite direction which are within the intersection or so close thereto as to constitute an immediate hazard, then said driver, having so yielded and having given a signal when and as required by this chapter, may make such left turn.
[S13, §1571-m18; C24, 27, 31, 35, §5035; C39, §5026.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.320]
For applicable scheduled fine, see §805.8A, subsection 7
Additional penalties for violations causing serious injury or death, see §321.482A
Pure-Essence.Net 
321.320 would only apply if both ways were not stop signs – if it was through traffic. The stop sign takes precedence over everything else, thus the first rule applies – the person who made it to the intersection always gets right of way.
Not sure I can give this one to you. I have a coworker who used to work as a deputy for the Sheriff’s Office who tells me that left turner yields in this scenario. That is the law. At least that is the Iowa law. Here’s the link for the Texas law. http://www.realpolice.net/forums/ask-cop-112/90595-right-way-two-way-stop.html
But even following the ROW rules above, that makes no sense!
321.320: “…which are within the intersection or so close thereto as to constitute an immediate hazard…”
Clearly somebody coming from the other direction will not be in an intersection with a through street and a stop sign if you got to the intersection first going left. I would interpret that as saying: “Unless the person approaching the stop sign from the other direction wasn’t slowing down (thus ignoring the stop sign), or they’re already in the intersection (in which case they got there first, thus I wouldn’t have ROW anyways), you go first.”
So funny this is so ambiguous. I guess it’s meant to interpreted using common sense in your situation.
I agree that the rule is up for interpretation and it’s ambiguous. However, the particular scenario I’m interested in is people often confuse the four way stop sign law with the two way stop sign law. Therefore they incorrectly believe that whoever gets to the stop sign first always gets to go first. But pretty much all of the written laws I’ve checked so far say that’s not the case. The law regarding 2 way stop sign works similar to stop lights. You follow the usual intersection yielding laws. If you are the left turner, you don’t get the ROW just because you waited longer.
That’s all I’m saying.
And I agree whether it’s the law or not, it’s better to avoid accidents at all cause. However, it is still important to really understand what the law is.