Driving Tests

West Virginia Four-Way Stop and Right-of-Way Rules: Who Goes First

informational·how to guide·Published April 1, 2026

Who goes first at a four-way stop in West Virginia?

At a four-way stop, every driver stops fully first. Then a vehicle that has already entered the intersection goes before one that is still approaching. When two vehicles enter from different roads at about the same time, the driver on the left yields to the driver on the right (W. Va. Code 17C-9-1). If another driver breaks the order, let that driver go.

Where the West Virginia right-of-way rules come from

The right-of-way rules are in West Virginia Code article 17C-9, sections 17C-9-1 to 17C-9-6. The West Virginia Driver's Licensing Handbook gives the safety advice in chapters VI and VII, and the DMV point system page explains points. This post uses the rules as of 2026. Confirm the rules with the West Virginia Division of Motor Vehicles (dmv.wv.gov) before you drive.

The two right-of-way rules at any West Virginia intersection

Two rules in W. Va. Code 17C-9-1 decide who goes first. If a vehicle from a different road is already in the intersection, let it clear before you enter. If you and a driver on another road enter at about the same time, the driver on the left gives way to the driver on the right.

At a four-way stop, both rules apply after each driver stops. The law changes them at through highways and in the other cases of the same article, such as stop signs, driveways and emergency vehicles (17C-9-1(c)).

Who yields: quick guide

Who yields: quick guide
Situation	Who yields	Law
You approach an intersection and another vehicle has already entered it from a different road	You yield to the vehicle in the intersection	17C-9-1(a)
Two vehicles enter from different roads at about the same time	The driver on the left yields to the driver on the right	17C-9-1(b)
You face a stop sign	You stop, then yield to vehicles that do not have to stop and are in the intersection or so close that they are an immediate hazard	17C-9-3
You enter or cross a highway from a private road or driveway	You yield to all vehicles approaching on the highway	17C-9-4
An emergency vehicle comes with a flashing lamp and an audible signal	You yield, move to the right edge or curb, and stop	17C-9-5

How to handle a stop sign step by step

1
Stop completely
Stop at every stop sign at an intersection (17C-9-3(b)). Make it a complete stop, even when no traffic is in sight and even when you turn right.
2
Yield to traffic that does not stop
Go ahead with care. Give way to any vehicle that does not have to stop and is in the intersection or so close that it is an immediate hazard (17C-9-3(b)). The same rule applies where you enter a through highway (17C-9-3(a)).
3
Go, or use the same-time rule
After you yield, you may go. If every road has a stop sign and another driver enters from a different road at about the same time, the driver on the left yields to the driver on the right (17C-9-1(b)).

Why a rolling stop is a mistake

A car close behind you, or a cross street with no traffic, can tempt you to slow down instead of stopping. Stop fully anyway. The Handbook's simple safety rule is short: don't rush, and give time to those who have the right-of-way.

The practice question on stopping at a stop sign when a car comes from your left shows the order: stop fully, let the close car pass, then go when the way is clear.

Four-way stops and intersections with no signs: who goes

A vehicle from a different road is already in the intersection

Wait. It has the right-of-way over a vehicle that is still approaching (17C-9-1(a)).

You and a driver on your right enter at about the same time

You yield, and the driver on the right goes first. The practice question on two drivers at an intersection with no signs tests this rule.

You and a driver on your left enter at about the same time

The other driver must yield to you (17C-9-1(b)). Go with care, and watch that the driver really does yield.

The other driver does not follow these rules

Let that driver go. Safety comes before right-of-way, and right-of-way is something you give, not something you take.

Pulling out of a driveway or private road

A driver who enters or crosses a highway from a private road or driveway must yield to all vehicles approaching on that highway (17C-9-4). The on-the-right rule does not help you here, so yield even to a car that comes from your left. The practice question on entering a road from a driveway shows this case.

Emergency vehicles at an intersection

The rule applies when the emergency vehicle gives an audible signal by siren, exhaust whistle or bell and shows a flashing lamp. For vehicles other than police vehicles, the lamp must be visible from 500 feet in front (17C-9-5(a)).
Yield, and pull over at once to the right-hand edge or curb, as close to it as you can and clear of any intersection.
Stop and wait there until the emergency vehicle has passed, unless a police officer tells you otherwise.
The emergency driver must still drive with due regard for the safety of everyone on the road (17C-9-5(b)).

Fines and points for not yielding

A violation of the right-of-way article is a misdemeanor. The fine is not more than $200 for a first conviction, not more than $300 for a second conviction within one year, and not more than $1,000 for a third or later conviction (17C-9-6). These are upper limits, not fixed fines.
A conviction can also add points: Failure to Yield and Failure to Obey Stop Sign are both on the point scale in the Handbook.
The DMV assesses points by the severity of the offense. If one incident brings convictions for several offenses, only the most serious offense gets points.
A driver with six or more points gets a warning letter, and continued unlawful driving can lead to license suspension. For teen drivers, the guide to GDL violations, points and zero tolerance has more.

Key takeaways

A vehicle that has already entered the intersection goes before a vehicle that is still approaching.
When two vehicles enter from different roads at about the same time, the driver on the left yields to the driver on the right.
At a stop sign, stop completely, then yield to vehicles that do not have to stop and are in or close to the intersection.
Driving out of a driveway or private road, yield to all vehicles on the highway. For an emergency vehicle, yield, pull to the right edge or curb, and stop.
Next step: practice these rules on the free West Virginia Class E practice test.

West Virginia right-of-way: common questions

Does the first car to stop go first at a four-way stop?

The law gives the right-of-way to a vehicle that has already entered the intersection, so a driver who stopped earlier and moves in first goes first. When two drivers move from different roads at about the same time, the driver on the left yields to the driver on the right (17C-9-1). If someone goes out of turn, let them go.

Do I have to stop at a stop sign when I turn right and no one is coming?

Yes. Come to a complete stop at a stop sign or a red light, even when you turn right and the cross street is empty. Slowing down is not enough. After the stop, yield to any vehicle that does not have to stop and is in or close to the intersection, then make your turn.

What is the fine for failing to yield in West Virginia?

Failure to yield breaks the right-of-way article of the West Virginia Code, which is a misdemeanor. The maximum fine is $200 for a first conviction, $300 for a second within one year and $1,000 for a third or later one. The court can set a lower amount, and points can also apply.

What if I am already in the intersection when an ambulance comes?

Do not stop in the intersection. The law tells you to move to the right-hand edge or curb clear of any intersection, so drive through it first, then pull to the right and stop. Wait there until the ambulance has passed, unless a police officer directs you otherwise.

Does a failure to yield ticket from another state add points in West Virginia?

Yes. The DMV assesses points for traffic violations committed anywhere in the United States, using the West Virginia Points Schedule. The points stay on your record for two years from the conviction date, and the violation itself stays on your record for five years.