2019 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Section 66-7-328 - Vehicle approaching or entering intersection.

Universal Citation: NM Stat § 66-7-328 (2019)

A. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.

B. When two vehicles enter an intersection from different highways at approximately the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

C. The right-of-way rules declared in Subsections A and B are modified at through highways and otherwise as hereinafter stated in Sections 66-7-328 through 66-7-332 NMSA 1978.

History: 1953 Comp., § 64-7-328, enacted by Laws 1978, ch. 35, § 432.


Cross references. — For the definitions of "intersection" and "right-of-way", see 66-1-4.9 and 66-1-4.15 NMSA 1978, respectively.

For the traffic-control signal legend, see 66-7-105 NMSA 1978.

For red and yellow flashing lights, see 66-7-107 NMSA 1978.

For the penalty assessment for violation of this section, see 66-8-116 NMSA 1978.

Driver entering intersection safe distance from oncoming traffic given priority. — Where plaintiff entered an intersection at such interval of time and distance as to safely cross ahead of the vehicle approaching from the east, had its driver been exercising due care, Section 64-18-27 A, 1953 Comp. (similar to this section's Subsection A), secured to him the prior use of the intersection. Brizal v. Vigil, 1959-NMSC-015, 65 N.M. 267, 335 P.2d 1065.

Negligence per se not to yield. — Instruction to the effect that if the plaintiff had entered an intersection prior to the entry thereof by the defendant's vehicle, and that if plaintiff was driving his automobile on the right hand side of the highway and in a reasonable and prudent manner, then the plaintiff, in so driving, was in a favored position and it was the duty of the defendant driver to yield the right-of-way to the plaintiff's vehicle, and if he failed to yield the right-of-way, the defendant would be guilty of negligence per se. Scofield v. J.W. Jones Constr. Co., 1958-NMSC-091, 64 N.M. 319, 328 P.2d 389.

Driver on left must always yield if danger of collision. — A driver entering an intersection from the left though he reaches the intersection ahead of the driver on the right is nevertheless obligated to yield to the driver on the right in a situation where there would be danger of collision if both vehicles continued the same course at the same speed. Sivage v. Linthicum, 1966-NMSC-149, 76 N.M. 531, 417 P.2d 29.

Right-of-way provision inapplicable if only one driver applies brakes. — Subsection B of Section 64-18-27, 1953 Comp. (similar to this section's Subsection B), defining the duty of drivers of vehicles entering an intersection from different highways at approximately the same time did not apply to collision where driver of northbound vehicle did not apply brakes. Brizal v. Vigil, 1959-NMSC-015, 65 N.M. 267, 335 P.2d 1065.

Vehicle on right has right-of-way inapplicable to through highways. — Requirement that driver on left shall yield right-of-way to vehicle on right when the two vehicles reach intersection at about the same time applies only when neither road is a through highway; it is not applicable when one of the intersecting roads is a through highway and the other is a "stop" road. Bunton v. Hull, 1947-NMSC-005, 51 N.M. 5, 177 P.2d 168.

Driver on through highway can assume other driver's stopping. — The driver on a through highway has the right to assume that motorist on an intersecting stop road will obey the law by coming to a full stop before entering the intersection so as to permit the driver on the through highway to proceed across the intersection. Bunton v. Hull, 1947-NMSC-005, 51 N.M. 5, 177 P.2d 168.

Due care must be exercised even if right-of-way. — Even though right-of-way was in plaintiff's favor such fact did not obviate plaintiff from exercising due care when defendant motorist entered intersection while plaintiff was still some 200 feet away. Langenegger v. McNally, 1946-NMSC-017, 50 N.M. 96, 171 P.2d 316.

Due care if at intersection. — A motorist who has the right-of-way at an intersection is not excused from the exercise of due care to prevent collision. Schoen v. Schroeder, 1948-NMSC-052, 53 N.M. 1, 200 P.2d 1021.

Failing to see other car not necessarily. — Merely because plaintiff drove his automobile into intersection from the left when the defendant was driving down the street at undisclosed point on his right it cannot be established as matter of law that such plaintiff was guilty of negligence, even though he did not see defendant's automobile when, before entering the intersection, he looked in his direction. Schoen v. Schroeder, 1948-NMSC-052, 53 N.M. 1, 200 P.2d 1021.

Even if defendant had right-of-way, plaintiff's failure to yield right-of-way did not constitute such negligence as would relieve the negligent defendant of liability for his negligence after he entered the intersection and for cutting corner and stopping suddenly in the line of traffic. Miller v. Marsh, 1948-NMSC-064, 53 N.M. 5, 201 P.2d 341.

Weight of presumption. — Presumption which arises in favor of person having right-of-way is of little weight except in absence of any other evidence. Langenegger v. McNally, 1946-NMSC-017, 50 N.M. 96, 171 P.2d 316.

Failure of driver on left to yield when entering intersection simultaneously with driver to the right held to support direct verdict finding no negligence on part of driver to the right. Monden v. Elms, 1963-NMSC-213, 73 N.M. 256, 387 P.2d 458.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic, §§ 236, 237.

Passing at intersection, 53 A.L.R.2d 850.

Duty of driver of vehicle approaching intersection of one-way street with other street, 62 A.L.R.2d 275.

What is street or highway intersection within traffic rules, 7 A.L.R.3d 1204.

60A C.J.S. Motor Vehicles §§ 362 to 364; 61A C.J.S. Motor Vehicles § 714(2).

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