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Which driver has right of way?

20 replies

RicherThanYews · 24/05/2024 23:54

Hello! I'm an autistic adult learner driver and there was an incident today that has made me consider packing in my pursuit of learning to drive. I will attach a diagram below, the lines in front of the cars show the direction of both drivers.
I was driving along a one way road with a passenger with a full driving licence. My lessons with my instructor always follow the same route out of town (the road from today) and I have been told 3 times not to stop at the junction as the road is not marked for me and it is my "right of way". Today I tried to drive as usual across this road and the car opposite failed to stop at what I think is a junction. The driver ran over the lines and I had to brake hard to stop which caused the other driver to curse and gesticulate at the road on my side that only has "no entry" and nothing more. Was I wrong to carry out my instructors directions and also the directions of my passenger? Thank you.

Which driver has right of way?
OP posts:
NigelHarmansNewWife · 25/05/2024 00:05

That's a give way sign painted on the road for the other driver so if that driver was already turning right across your path before you got to the junction I don't see what they did wrong. What is the signage from the direction you were travelling?

From the information given I would say you have right of way, but it would be prudent to not just drive on if others are navigating the junction.

Ppejfhfhrhhfhf · 25/05/2024 00:05

You have priority over the other driver. You don’t have priority over anyone coming either way along the main road though. I’d always treat an unmarked junction as if it was marked and stop and check to be on the safe side.

Singleandproud · 25/05/2024 00:08

You have priority but other people are idiots, always be super aware on cross roads like that as people do the unexpected.

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RicherThanYews · 25/05/2024 00:22

Thank you for the replies as it has played on my mind. I apologise for not making a better picture but I should have stated that I was already crossing over to the other side of the road when Other Driver went over the lines, that's why I had to brake so hard. When I have been cautious on this road in the past my instructor has told me not to be as it is my right of way and during a test the examiner may think I don't know the rules of the road if I am overly hesitant. I was going 10mph due to the narrow road but the Other Driver was going quite fast.

OP posts:
SkankingWombat · 25/05/2024 01:19

Singleandproud · 25/05/2024 00:08

You have priority but other people are idiots, always be super aware on cross roads like that as people do the unexpected.

This.
There is a turning into my village from a main road where people turning right to the village (the direction I'm coming from 95% of the time) has right of way over those turning left into it (left turners join a short slip road with a give way at the end). I am always incredibly careful turning right as I've seen so many crashes from left-turners not noticing the give way signs or, more likely, not understanding what they mean and assuming the slip road just carries them round onto the village road. I have had a number of near misses myself, often with the other driver beeping and swearing at me as they've assumed I was in the wrong. I might be 'in the right' confidently driving across, but that is small consolation when your car is written off and chunks of it have to be swept to the side of the road to join the ever-growing pile of debris.

Catsmere · 25/05/2024 04:13

So did the other driver turn right when you were already in the junction? Did he stop at all? He was in the wrong, then. If he'd started turning before you arrived, he'd have been in the right, as far as I can see.

ageratum1 · 25/05/2024 04:27

I don't really understand why there is no give way for either you or the road that runs left to right .you surely need to give way to drivers on that road?

Catsmere · 25/05/2024 04:50

ageratum1 · 25/05/2024 04:27

I don't really understand why there is no give way for either you or the road that runs left to right .you surely need to give way to drivers on that road?

Would the main road, the one running left to right, have give way signs? (in Australia it wouldn't, the side roads give way to the main road traffic). Agree it seems odd not to see the lines on OP's road, but I'd guess she just left them out by mistake.

akkakk · 25/05/2024 04:55

Difficult to know without a google maps view of the roads…

but worth noting that in British law there is no such thing for drivers as Right of Way… the only time it’s mentioned in the Highway Code is to specifically state that it doesn’t exist.

it is really important to understand this as a driver as it helps in how you interact with others… in many situations you might have Priority but that only means you have first dibs if you are both there at the same time - so, a roundabout, you have priority if coming from the right, a road where cars are parked on the other side forcing traffic into your lane - you have priority… a junction like this you have priority…

but only if you are both there at the same time - if the other car is there first they are allowed to use the road / junction / roundabout, and in doing so before you arrive they gain priority… the fact that you arrive on the scene after they have started their manoeuvre doesn’t mean that you have priority, or right of way - it only applies when you both arrive at the same time and a decision has to be made as to who goes first…

the Highway Code also states that it is your duty to avoid an accident whatever the other person is doing - even if they are in breach of the Highway Code, you must give way rather than have an accident…

If all drivers obeyed the Highway Code and drove with more humility and less arrogance (believing that they have a right of way) we would have far fewer issues / incidents/ accidents on the road…

so back to your situation - yes if you are both there at the same time you have priority, but if they are ahead of you they can cross and then they gain priority and you have to give way… it is very subtle and down to timings and whether they cut you up / you could see them crossing and stormed up to them / etc…

bozzabollix · 25/05/2024 05:26

It’d be interesting to see Google Earth of the road markings as it is unusual to have a minor road entering a major road without any markings and the expectation you’re going to sail out of there without looking. Usually you’d have give ways at the end of both the minor roads.

But as a driver you need to still take responsibility for keeping the car safe even if the other car is in the wrong, so you were right to stop. What does your instructor say about this incident and have you told them your worries?

(think you can guess my profession!)

amylou8 · 25/05/2024 05:33

ageratum1 · 25/05/2024 04:27

I don't really understand why there is no give way for either you or the road that runs left to right .you surely need to give way to drivers on that road?

I don't get it either. You can't just pull out into that road into the oncoming vehicles. There must be more give ways than you've marked on the diagram,

infactyourquiteunique · 25/05/2024 05:56

Is it a one way system. I can't understand why three lanes have right of way.

But assuming it's correct then yes it was your right of way. But I would still slow and be prepared for someone to get it wrong.

RicherThanYews · 25/05/2024 11:01

Apologies for the delay, I took my mobility scooter for a drive back to the road to check the road markings as Google Maps and Google Earth seem older and do not show new buildings that should be there. I have updated the diagram.
I should also point out that these are all residential roads that eventually lead to a B road.
Just to clarify, I never assume right of way and I always check but the Other Driver crossed over the lines at quite a speed when I was already driving across the road, it is quite hard to draw. I do think that despite what my instructor says, I would be better served in always using caution.

OP posts:
RicherThanYews · 25/05/2024 11:04

Diagram.

Which driver has right of way?
OP posts:
TabithaTimeTurner · 25/05/2024 11:07

With your updated diagram you are still in the right. But it seems like a really strange layout and an accident waiting to happen.

Singleandproud · 25/05/2024 11:17

That's a pretty good diagram, I had to draw one as a witness to a serious accident and it was far worse than that.

suburburban · 25/05/2024 11:21

So were you driving straight on.

If so he should have waited surely

OpusGiemuJavlo · 25/05/2024 11:25

It's important to always drive as if every other car is under the control of an impatient idiot with little understanding of the rules of the road. Even when you have right-of-way the key thing is to be going slow enough that you can slam on the brakes and stop in time if the other driver does something idiotic. Given that you did stop in time you were probably ok. Someone turning right never has priority over someone coming the other way going straight ahead anyway so the other driver was wrong.

WhatNoRaisins · 25/05/2024 11:26

You're definitely in the right but I think when you're driving somewhere with an unusual layout you have to expect that some drivers will be getting confused. My instructor always told me to assume that the other drivers are idiots just in case.

RicherThanYews · 25/05/2024 18:58

I agree with treating all other drivers with caution, especially on this road. My instructor and other passengers have all said "why are you waiting/you can just go" and I knew that wasn't right so I'll be having stern words with all concerned. Thanks everyone!

OP posts:
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