Who has the right of way at a 4-way stop?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

The 4-way stop rules in each state

California: Section 21800, not Section 21802

Many people assume the general stop sign statute controls every stop sign. California’s Section 21802 tells a driver at a stop sign to yield to vehicles approaching from another highway, but subdivision (c) says it does not apply where stop signs are on all approaches. At an all-way stop, Section 21800 does the work. Subdivision (a) says a driver must yield to any vehicle that has already entered the intersection from a different highway. Subdivision (c) says that when two vehicles enter at the same time at an intersection with stop signs in all directions, the driver on the left yields to the one on the immediate right.

The stop itself has a set location. Under Section 22450, the driver stops at the limit line if there is one, or else before the crosswalk on the near side. The California handbook says that if the traffic light is not working, you stop as if the intersection had stop signs in all directions.

Texas: the statute and the driver handbook

Texas Transportation Code 545.153(b) tells a driver at a stop sign to stop and then yield to a vehicle that has entered the intersection from another highway, or one approaching so closely that it is an immediate hazard. Section 545.151(a) applies the same stop-and-yield duty when a traffic signal is present but shows no light in any signal head.

The Texas Driver Handbook, revised January 2026, describes signs added to some stop signs. It says these signs advise that all approaching traffic must stop “before proceeding in the order you arrived,” and that if two vehicles arrive at the same time, you yield to the vehicle on your right. The handbook adds that slowing down is not enough at a stop sign.

Washington: the right-hand rule and a bicycle exception

Washington’s RCW 46.61.180 says that when two vehicles approach or enter an intersection from different highways at approximately the same time, the driver on the left yields to the vehicle on the right. RCW 46.61.190(2)(a) requires a full stop at the stop line, or before the crosswalk, or at the point with a view of cross traffic, and then a yield to any vehicle in the intersection or close enough to be an immediate hazard.

The Washington Driver Guide says the first vehicle to arrive is the first to go, and that a vehicle turning left must yield to vehicles going straight or turning right. Washington also gives people on bicycles a choice. Under RCW 46.61.190(2)(b), a person riding a bicycle may treat a stop sign as a yield sign, except at a railroad grade crossing or a stopped school bus.

Who is at fault in a 4-way stop crash

The driver who failed to yield usually carries most of the blame, but fault is often shared. Common patterns include a driver who rolls through without a full stop, a driver who arrived second but went first, a left turner who cut in front of an oncoming car, and a driver who hit a pedestrian in the crosswalk.

When fault is shared, the state rule decides the effect. California uses pure comparative fault, so each person’s damages are reduced in proportion to their own fault (Li v. Yellow Cab Co.). Washington does the same (RCW 4.22.005). In Texas, a claimant found more than 50 percent responsible recovers nothing (CPRC 33.001). Our page on comparative fault compares the three rules, and turning crashes are covered in left-turn accident: who is at fault.

A broken right-of-way statute can shift the burden in California. Evidence Code 669 presumes negligence when a violation causes the kind of harm the law was meant to prevent, unless the driver shows reasonable conduct. In Washington, a statute violation is generally only evidence of negligence for the jury to weigh (RCW 5.40.050).

What evidence decides who stopped first

Four-way stop cases often come down to seconds, and each driver usually says they were first. Evidence that can settle it:

• Video from dashcams, doorbells, buses or nearby businesses. Our guides explain how to request footage in Los Angeles, Houston and Seattle.
• The cars’ event data recorders. NHTSA describes them as recording vehicle information for seconds, not minutes, around a crash, including pre-crash dynamics and driver inputs.
• Independent witnesses who saw which car stopped and which car moved.
• Where each car was damaged, which can show which car was already in the intersection.
• The police report. In California, the agency must release it to a driver involved or an injured person for no more than its actual cost (Veh. Code 20012).

What this means for your case

Write down your memory of the order of arrival while it is fresh: which direction each car came from, who stopped, and who moved first. Photograph the signs, the limit lines and any plaques under the stop signs, since an all-way plaque or a missing sign changes the analysis. Do not agree with the other driver’s version at the scene or on a recorded call. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.

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Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.