41-6a-902.  Right-of-way — Stop or yield signals — Yield — Collisions at intersections or junctions of roadways — Evidence.

(1)  Preferential right-of-way may be indicated by stop signs or yield signs under Section 41-6a-906.

Terms Used In Utah Code 41-6a-902

  • Crosswalk: means :
(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:
(i) 
(A) the curbs; or
(B) in the absence of curbs, from the edges of the traversable roadway; and
(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
  • Operator: means :
    (a) a human driver, as defined in Section 41-26-102. See Utah Code 41-6a-102
  • Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
  • Pedestrian: means a person traveling:
    (a) on foot; or
    (b) in a wheelchair. See Utah Code 41-6a-102
  • Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
  • Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
  • Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
  • Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
  • (2) 

    (a)  Except as provided in Section 41-6a-1105, or when directed to proceed by a peace officer, every operator of a vehicle approaching a stop sign shall stop:

    (i)  at a clearly marked stop line;

    (ii)  before entering the crosswalk on the near side of the intersection if there is not a clearly marked stop line; or

    (iii)  at a point nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway before entering it if there is not a clearly marked stop line or a crosswalk.

    (b)  After having stopped at a stop sign, the operator of a vehicle shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard.

    (c)  The operator of a vehicle approaching a stop sign shall yield the right-of-way to pedestrians within an adjacent crosswalk.

    (3) 

    (a)  The operator of a vehicle approaching a yield sign shall:

    (i)  slow down to a speed reasonable for the existing conditions; and

    (ii)  if required for safety, stop as provided under Subsection (2).

    (b) 

    (i)  After slowing or stopping at a yield sign, the operator of a vehicle shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the operator is moving across or within the intersection or junction of roadways.

    (ii)  The operator of a vehicle approaching a yield sign shall yield to pedestrians within an adjacent crosswalk.

    (4) 

    (a)  A collision is prima facie evidence of an operator’s failure to yield the right-of-way after passing a yield sign without stopping if the operator is involved in a collision:

    (i)  with a vehicle in the intersection or junction of roadways; or

    (ii)  with a pedestrian at an adjacent crosswalk.

    (b)  A collision under Subsection (4)(a) is not considered negligence per se in determining liability for the accident.

    (5)  A violation of Subsection (2) or (3) is an infraction.

    Amended by Chapter 119, 2021 General Session