Vehicles approaching or entering intersection at same time; right-of-way; entering a highway or roadway.
(1) When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(2) Notwithstanding the provisions of subsection (1) of this section, a vehicle entering a highway from an acceleration lane, a ramp, or any other approach road shall yield the right-of-way to a vehicle on the main roadway entering such merging area at the same time, regardless of whether the approach road is to the left or the right of the main roadway, unless posted signs indicate otherwise.
(3) The driver of a vehicle about to enter or cross a paved roadway from an unpaved roadway and who is not subject to control by a traffic control device shall yield the right-of-way to all vehicles approaching on such paved roadway.
(4) The right-of-way rules set forth in subsections (1) and (3) of this section are modified at through highways and otherwise as stated in the Nebraska Rules of the Road.
Source:Laws 1973, LB 45, § 35; R.S.1943, (1988), § 39-635; Laws 1993, LB 370, § 242.
At four-way stop signs, no driver has a preferred or favored status, and all have a duty to stop followed by a duty to use ordinary care as they proceed through the intersection. Salazar v. Nemec, 253 Neb. 298, 570 N.W.2d 366 (1997).
Under subsection (1) of this section, when a collision occurs in an ordinary city or country intersection, unless there is evidence that one of the vehicles was traveling at a very much greater rate of speed than the other, it is self-evident that the vehicles were reaching the intersection at approximately the same time. Workman v. Stehlik, 238 Neb. 666, 471 N.W.2d 760 (1991).
When two vehicles approach an intersection at the same time, the vehicle on the right has the immediate use of the intersection. Muirhead v. Gunst, 204 Neb. 1, 281 N.W.2d 207 (1979).
Vehicle on the right has the favored position but does not have an absolute right to proceed regardless of the circumstances. Crink v. Northern Nat. Gas Co., 200 Neb. 460, 263 N.W.2d 857 (1978).
Intersection right-of-way is a qualified, not absolute, right to proceed, exercising due care, in a lawful manner in preference to an opposing vehicle. Reese v. Mayer, 198 Neb. 499, 253 N.W.2d 317 (1977).