A Guide to New Mexico Right-of-Way Laws
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There are not always road signs and signals indicating to motorists and pedestrians who should be given priority. Accordingly, there are rules of common sense that determine who can go first and who must wait in certain situations. Laws are designed to minimize the likelihood of accidents that could result in damage to vehicles and injury or even death to motorists and pedestrians.
Summary of New Mexico right-of-way laws
Right-of-way laws in New Mexico can be summarized as follows:
You must always give way to a pedestrian, even if he violates the rules of the road.
You must always give way to pedestrians who are legally crossing the road.
If you are entering or exiting an alley, driveway, or parking lot, or crossing a sidewalk, you must yield to pedestrians.
Regardless of the circumstances, a pedestrian walking with a guide dog or a white cane will always have a legal advantage.
If you are turning left, you must give way to vehicles driving straight ahead.
If you enter a roundabout, you must give way to drivers already within the circle.
At an unmarked intersection, you must give way to drivers approaching from the right.
At a four-way stop, the right of way must be given to the first driver at the intersection. If the vehicles arrive at the same time, then the right of way must be given to the one on the right.
If you are entering a main road from an alley, carriageway, or shoulder, you must give way to vehicles already on the road.
If you cannot pass an intersection without stopping, you cannot continue even if the light is in your favor.
Emergency vehicles, i.e. police cars, ambulances, fire engines or other vehicles associated with emergency services, must be granted right of way if blue or red lights flash and sirens or horns sound. If you are already at an intersection, continue driving and then stop as soon as you can safely do so.
You must give way to any train crossing the carriageway.
Common Misconceptions About New Mexico Right of Way Laws
Motorists often mistakenly believe that the right of way is something they are legally entitled to under certain conditions. The reality is that no one ever has the right of way - it must be yielded. You have an obligation to drive safely, which means that you cannot continue driving until you know that you have been granted the right of way.
Penalties for non-compliance
If you do not cede the right of way to New Mexico, you will have to pay a $15 fine plus $65 costs, for a total of $80. You will also have three demerit points attached to your license - four if you don't yield to an ambulance.
See pages 11-12 of the New Mexico Driver's Manual for more information.
