42-4-704. Vehicle entering roadway.

Statute text

The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right-of-way to all vehicles approaching on the roadway to be entered or crossed. Any person who violates any provision of this section commits a class A traffic infraction.

History

Source: L. 94: Entire title amended with relocations, p. 2347, 1, effective January 1, 1995.

Annotations

Editor's note: This section is similar to former 42-4-604 as it existed prior to 1994, and the former 42-4-704 was relocated to 42-4-804.

Annotations

Cross references: For duty to yield when entering a roadway from a driveway or alley, see 42-4-710.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 42-4-704 is similar to 42-4-604 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

Whether one is heading into the highway, or backing into it, he is still entering the highway. Yockey Trucking Co. v. Handy, 128 Colo. 404, 262 P.2d 930 (1953).

The duty of a driver backing his automobile into a street or roadway is clearly set forth in McBride v. Woods, 124 Colo. 384, 238 P.2d 183 (1951); Yockey Trucking Co. v. Handy, 128 Colo. 404, 262 P.2d 930 (1953).

The duty of one driving on a highway who arrives at an intersection of that highway and a private road or driveway is not the same duty of care as at an intersection of two highways. Curtis v. Lawley, 140 Colo. 476, 346 P.2d 579 (1959).

And despite the statutory requirement that one traveling on a public highway has the right-of-way over one entering the highway from a private road is but a reaffirmation of the rule of the road. Curtis v. Lawley, 140 Colo. 476, 346 P.2d 579 (1959).

Right-of-way must be used with due care. Notwithstanding the fact the operator of a vehicle over a public road has the right-of-way over a person entering thereon from a private roadway, he must use his right in a reasonable manner; in other words, it is the duty of both parties to use due care as that term is understood at common law. Curtis v. Lawley, 140 Colo. 476, 346 P.2d 579 (1959).