To ask you who had right of way

[CandleWithHair]

Pedestrian crossing the mouth of a large side road, with traffic island halfway across, had just reached the island although a few yards to the side of it.
Car indicating left to turn from main road into side road, in front of pedestrian.
Pedestrian kept walking, car kept driving and turned in. No one was hit but it was a bit close!

Who was in the wrong?

Car driver was wrong, pedestrians always have right of way.

Car in the wrong BUT its very hard for car driver to see if just turned so it be better to cross further down the road

Dan't agree Sass, ped is still in the minor road, so car should give way.

Pedestrian was already crossing so has right of way

It's all about the island.

If the pedestrian was on the island (or had not yet reached it) they should NOT have stepped out into the other carriageway.

But if there hadn't been an island at all, then the car would be in the wrong.

The car as the law stands, if I understand correctly.

From the highway code

Where there is an island in the middle of a zebra crossing, wait on the island and follow Rule 19 before you cross the second half of the road – it is a separate crossing.

Thanks for the perspectives!

I was the pedestrian, and I’ve always understood that they have right of way once they’ve started to cross but Mr twatty driver disagreed and said the island meant HE had right of way as I should have stopped there when I saw him indicating. I wasn’t actually that close to the island, as it’s positioned (stupidly imho) a way back from the pavements either side, but regardless as far as I’m concerned I was already at least one pace beyond it at the time he deigned to indicate (pretty last second).
He didn’t even brake as he turned, bloody idiot. We exchanged words/insults then he blitzed off up the road and I stomped home in an indignant rage and came here to try to get some sense of vindication

I think I’ve got it, but it does seem like islands confused a few people...

I was crossing the road and a van approached from the main road indicating to turn left. I was already halfway across so carried on, yet he continued to turn and passed behind me very closely! A few choice words were had.

For clarity - there is no such thing as Right of Way in our traffic law - it is Priority - that may sound fussy, but there is a really important difference...

Right of way means that even if someone else is there first, you can overrule and ask them to get out of the way...

Priority means that you have first dibs on the area, but if the others (without priority) are there first they acquire that priority...

without that subtle difference it would be very difficult for our road systems to work - so priority is only used where there is otherwise a simultaneous clash...

in the Highway Code, the pedestrian has priority - however, had the car already been turning in before the pedestrian started to cross, then the car acquires priority - this means that the pedestrian can't throw themselves at a car which is already there, claim 'right of way' and blame the car...

so - all things considered, the pedestrian had priority as long as they were already in the road before the car started to turn (indicator is irrelevant, it is the point at which the car enters the road) - the driver is partially right in that the island can count as pavement as it splits the road, so being on the island at the point they turn in would not give the pedestrian priority - they are not halfway across the full road, they have not yet started to cross the second section of the road...

the OP's description is slightly confusing - in the first post they had 'just reached the island' - i.e. not passed over it and started to cross the next side... in the later post, they have already started to cross the next section... so I can understand the car driver's confusion...

however, if there were to be a court case on who had priority, then as the basis of law is that the pedestrian has priority, and with the pedestrian being the more vulnerable party, it would almost definitely go in favour of the pedestrian - generally speaking it is a responsibility for all drivers to avoid running over pedestrians :D

it is also though a responsibility for a pedestrian to look where they are going :)

so generally the outcome would be that the pedestrian probably has priority (depending on precise positioning), but car should have paused regardless / pedestrian should also have paused - and there should have been polite communication to decide who was going

i.e. technically - pedestrian is right - but morally, both are wrong :D

thanks akkakk, the single most comprehensive answer ever!

Sorry for the confusing wording in my posts. I still maintain that I was a step beyond the island but to the drivers eye I probably did look like I’d just reached it (even tho I was about 6ft to the side of it so not actually on it at all).

I was looking where I was going but I naively/arrogantly(/stupidly!) assumed the car would wait for me.

I suppose the safest option is to always assume the other party won’t yield, whether you’re pedestrian or cat

Car, ffs!

We all know cats yield to no human

Was car giving a signal?

In any case, once the pedestrian had started crossing the second lane, the turning car should have given way.

The pedestrian has right of way as they had already started crossing.

to the island, as it’s positioned (stupidly imho) a way back from the pavements either side

Yes, I'd think this was deliberate positioning so that cars can turn in but stop if necessary and not still be on the main road!

I’m still confused about your wording had you already passed/ gone over the island when the car turned into the road? Were you passing nearer to the junction away from the island and possibly not in a safe crossing place?

Did you give HIM a signal OP? .....

As long as you as a pedestrian didn’t dither.
Was ready to turn into my street recently. Two pedestrians at side of road which I saw coming up and slowed to wait. They put one foot out, both moved back, one moved forward other joined, both moved back, one moved forward, etc,etc. I just sat there not reving engine or anything, indicated they should cross but it was like a dance they were locked into. Wanted to shout just cross! But didn’t cos that would probably have scared them back to start.

well, now that we know that a cat was involved, all bets are off, you are right, they always have priority

The driver is responsible for negotiating hazards and obstructions in their carriageway. They can only drive through when their carriageway is clear. Dogs, children and pedestrians walk out in front of cars all the time, but it is the driver's fault if they collide.

The driver of the car was at fault in this instance.

Pedestrians always have the right of way, but any sensible pedestrian would have waited to ensure the road was clear and no potential cars are turning in (even if they aren't indicating they would have shown signs of slowing) before crossing the road, the island gave the pedestrian the opportunity to stop and check again before crossing the second half of the road.

So the car did give way (by not running the pedestrian over), but the pedestrian was wrong for not taking more responsibility for their safety when crossing.

Awesomely perfect answer from akkakk.

Who was in the wrong?

It's a very basic rule of the road that pedestrians always have right of way.

If you're a driver, you should know this. But most drivers don't seem to know this, or care.

Hang on, are you saying you weren't actually crossing at the crossing but a distance away from it?

The island is actually called a pedestrian refuge for a reason.
You're meant to cross the road at it not 6 feet to the side of it