Nebraska § 60-655 - Right-of-way, defined.

§ 60-655. Right-of-way, defined.

Right-of-way shall mean the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.

The standard for determining whether a vehicle is "approaching" is whether or not the vehicle poses an immediate hazard; that is, whether the circumstances are such that there is a danger of collision if one vehicle does not grant precedence to the other. Springer v. Bohling, 259 Neb. 71, 607 N.W.2d 836 (2000).

The right-of-way does not include a right to encroach upon that half of the highway upon which cars coming from the opposite direction are entitled to travel. Generally, an unexcused vehicular encroachment on another's lane of traffic, such as driving to the left of the middle of a roadway, prevents acquisition of a right-of-way and precludes the unlawful encroachment from becoming a favored position in movement of traffic. Krul v. Harless, 222 Neb. 313, 383 N.W.2d 744 (1986).

A police vehicle enjoys privileges as an emergency vehicle as long as the officer operates emergency equipment in good faith belief that he or she is responding to an emergency. Maple v. City of Omaha, 222 Neb. 293, 384 N.W.2d 254 (1986).

Vehicle on the right has the favored position but does not have an absolute right to proceed regardless of the circumstances. Crink v. Northern Nat. Gas. Co., 200 Neb. 460, 263 N.W.2d 857 (1978).

Intersection right-of-way is a qualified, not absolute, right to proceed, exercising due care, in a lawful manner in preference to an opposing vehicle. Reese v. Mayer, 198 Neb. 499, 253 N.W.2d 317 (1977).