CRS § 42-4-701 – Failure to Yield to Right-Hand Driver at Intersection

CRS 42-4-701 is the Colorado statute that requires, when two drivers come to an intersection at the same time, the motorist on the left must yield the right-of-way to the motorist on the right. A failure to yield in such a manner is a class A traffic infraction.

The language of § 42-4-701 states that:

(2) The foregoing rule is modified at through highways and otherwise as stated in sections 42-4-702 to 42-4-704.

Examples of unlawful acts

• speeding through an intersection to beat another car that is approaching.
• coming to an intersection at the same time as a driver to the right, and then hitting the gas to make it through the crossing first.
• ignoring a car to the right when stopping at an intersection.

Defenses

A person can raise a legal defense to challenge a failure to yield charge.  A few common defenses include the motorist showing that:

• he/she entered an intersection before another driver,
• the police officer made a mistake, and
• there was an emergency.

Penalties

A violation of this law is charged as a class A infraction.  This is opposed to a:

• felony,
• misdemeanor, or
• class B infraction.

The traffic violation is punishable by:

• a $70 fine, and
• three points on the motorist’s driving record.

Our Denver Colorado criminal defense lawyers will explain the following in this article:

• What is an offense under CRS 42-4-701?
• Can a driver challenge a ticket with a legal defense?
  • 2.1 Drivers entered an intersection at different times
  • 2.2 Law enforcement made a mistake
  • 2.3 Emergency
• What are the penalties?
• Can a violation result in other charges?<
• How does a failure to yield ticket impact a personal injury lawsuit?
• Are there laws related to this statute?
  • 6.1 Driving through a safety zone – CRS 42-4-806
  • 6.2 Violating a Colorado speed limit – CRS 42-4-1101
  • 6.3 Failure to obey a traffic control signal or traffic control devices – CRS 42-4-603

1. What is an offense under CRS 42-4-701?

According to Colorado Revised Statutes 42-4-701, when two vehicles approach an intersection at approximately the same time, the driver on the left must yield the right-of-way to the motorist on the right.¹
A driver that has the right-of-way under this law, though, still has a duty to use due care when driving through a crossing.²

2. Can a driver challenge a ticket with a legal defense?

Traffic lawyers use different legal strategies to challenge failure to yield tickets. Some include showing that:

1. the drivers involved entered the intersection at different times.
2. the police officer issuing the ticket made a mistake.
3. there was an emergency.

2.1 Drivers entered an intersection at different times

This law only applies if two drivers enter an intersection at about the same time. This means a motorist can always use the defense that the law is inapplicable because the drivers involved entered an intersection at different times.

2.2 Law enforcement made a mistake

A driver can always challenge a ticket by showing that the police made a mistake in issuing it. Perhaps, for example, an officer did not see the cars clearly and made a mistake in judgement.

2.3 Emergency

It is always a defense for a driver to assert that he did not lawfully yield the right-of-way because he/she was reacting to an emergency. Perhaps, for example, a driver had to make it quickly through a crossing to get to a doctor.

3. What are the penalties?

A violation of this statute is charged as a class A infraction.³ The penalties include:

1. a fine in the amount of $70, and
2. three points on the motorist’s driving record.

Note that a person can get his/her driver’s license suspended if the driver accumulates a certain number of points in a given period of time.⁴

4. Can a violation result in other charges?

A person stopped for a failure to yield can get charged with other offenses.

Once police stop a driver for a traffic violation, they may gain probable cause that the driver has committed another offense (e.g., DUI). If so, then authorities can:

• arrest and/ or charge the driver for that offense, and
• potentially search the vehicle.

5. How does a failure to yield ticket impact a personal injury lawsuit?

A violation of this law may mean that the driver is negligent in a personal injury case.

“Negligence” means that the driver:

• was responsible for causing an accident (if applicable), and
• must compensate any injured party for any damages suffered.

6. Are there laws related to this statute?

There are three laws related to failing to yield at an intersection. These are:

1. driving through a safety zone – CRS 42-4-806,
2. violating a Colorado speed limit – CRS 42-4-1101, and
3. failing to obey a traffic control device – CRS 42-4-603

6.1 Driving through a safety zone – CRS 42-4-806

CRS 42-4-806 is the Colorado statute that prohibits a driver from driving through a safety zone, or a marked-off area that is reserved for pedestrians.

6.2 Violating a Colorado speed limit – CRS 42-4-1101

CRS 42-4-1101 is the Colorado law that prohibits speeding, or driving above the speed limit.

6.3 Failure to obey a traffic control device – CRS 42-4-603

CRS 42-4-603 is the Colorado law that prohibits a motorist from failing to obey a traffic control device (e.g., a traffic light).

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Legal References:

1. CRS 42-4-701.
2. Prentiss v. Johnston (1949) 119 Colo. 370. See also Ferguson v. Gardner (1976) 191 Colo. 527.
3. CRS 42-4-701(3).
4. See Colorado Department of Revenue’s website, “Point Suspensions.”