Right of Way at an Uncontrolled Intersection
March 2026
Wisconsin law defines "right of way"as the privilege of the immediate use of the roadway. The issue becomes how to apply the law to an uncontrolled intersection when two vehicles approach the intersection. Wisconsin law further provides that when two vehicles approach an uncontrolled intersection, the operator of the vehicle on the left shall yield to the vehicle on the right. Wisconsin law does not make the right of way dependent on which vehicle entered the intersection first. See WI-JI Civil 1157. The reason the right of way is not dependent on which vehicle entered the intersection first is the law does not want to make it a race to see which vehicle can get to the intersection first.
The jury instruction further provides that if the two vehicles entering the intersection at the same time are in imminent danger of a collision, the driver on the left has a duty to yield the right of way. This duty compels the driver on the left to stop their vehicle or if necessary control and mange their vehicle so it can yield the right of way. In addition, in order to obtain the benefit of the law the driver having the right of way through the intersection must be going a legal speed.