Right of way (ROW) is an important concept in traffic management and law enforcement. A clear definition of ROW not only facilitates efficient traffic operations but also provides a safe environment for road users. However, ROW is a term that appears only in engineering and academic literature; it is not clearly defined in traffic laws and regulations and, as a results, often leads to controversies. This paper attempts to establish a meaningful way in allocating the ROW and assigning responsibilities to parties involved in accidents, based on the theories of criminal laws, driver behavior, and man-machine interactions. The main purpose is a to provide a sound basis for the ROW to enact traffic laws and regulations.