Right of way at a two way stop?

[TimsterNC]

Which driver would have right of way in the following scenario?

Two cars approach an intersection where the east and westbound directions are controlled by stop signs, and the north and southbound directions are through traffic. [Note: stop signs, no stop lights.] Car A, traveling east, is stopped at the stop sign waiting to make a left turn. Car B, traveling west, arrives at the opposite stop sign well after Car A, and is waiting to make a right turn (or, in a slight variant to the scenario, to proceed straight across). When traffic clears from the north and south directions, both Car A and B enter the intersection and collide. Which car had right of way?

When I ask this question, I get two different opinions, split about 50%-50%.

• Half think that car A has the right of way because he came to a stop first.

• Half think that car B has the right of way because right turning traffic (or traffic proceeding straight) has right of way over left turning traffic.

It appears that both of these rules of the road could be applicable here. I guess the question is which rule takes precedence.

Please note: Some people answer this that "It doesn't matter who has right of way. Since Car A is turning left across the path of Car B, the safe thing for Car A to do would be to wait for Car B to avoid any chance of a collision". I understand that position, but I'm not looking for opinions on what you think the drivers of car A and B should do -- I'm looking for a definitive answer on who has right of way. Please assume that the scenario described here has already actually occurred and it resulted in an accident. Which driver had right of way and which was at fault?

I'm from NC if this matters.

Thanks!

[txinvestigator1]

In Texas neither car has the right of way (ROW). Texas law states when vehicles must yield to other vehicles, but NEVER gives a car the ROW over another.

Texas Transportation Code
Sec. 545.152. VEHICLE TURNING LEFT. To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.

Sec. 545.153. VEHICLE ENTERING STOP OR YIELD INTERSECTION. (a) Preferential right-of-way at an intersection may be indicated by a stop sign or yield sign as authorized in Section 544.003.

(b) Unless directed to proceed by a police officer or official traffic-control device, an operator approaching an intersection on a roadway controlled by a stop sign, after stopping as required by Section 544.010, shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator's movement in or across the intersection.

Texas does not have an "who gets there first" law.

[Roger Dat]

If one car is there first they win