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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To ask you who had right of way

61 replies

CandleWithHair · 23/07/2018 19:43

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?

OP posts:

Original poster

CandleWithHair · 24/07/2018 19:36

Yep, six feet to the side like a reckless fool.

It happened again tonight, except this time it was a car approaching from behind me wanting to turn right into the side road, and I was well into the carriageway. The impatient dick started turning anyway.

I suspect that this particular junction attracts a certain variety of knobhead driver as it’s a rat run up to the station.

OP posts:

akkakk · 24/07/2018 21:27

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

Not true...
as I explained above, we do not have a concept of right of way in the UK - the quote earlier from the Highway Code talks about priority, not rights...

and there is plenty of Case Law where pedestrians are in the wrong...

benefit of doubt will often be given to the pedestrian - but they do not have rights to just wander into the road ;) there are even roads where they are not allowed at all (e.g. motorways)

Gorrillagirlfanclub · 24/07/2018 22:15

I think when I learned to drive 15 years ago that I was told (as per highway code) that if a pedestrian was crossing they had right of way. However if there is an island half way not sure legal situation. However the car is much better protected so I'd say giving way is the right thing to do.

SharkSave · 25/07/2018 07:47

Well it'd help your cause if you used the actual crossing!

CuddlesAndShit · 25/07/2018 08:10

I would say you were in the right if you had already stepped into the road before he started his manoeuvre.

I live where you have to turn right off a main road into a side road. It is so stressful when you have oncoming cars flashing their lights to let you turn while you are sitting there with your indicator on and pedestrians always choose that time to cross the side road so you can't turn in! Just as I start to move the car they always cross, then i have the oncoming car flashing their lights frantically at me while i have to make the choice to stay where i am in the middle of the road holding up traffic behind me like a lemon, or start to make the turn, which means blocking the other lane while I wait for the pedestrians to finish their leisurely stroll across the road forcing the oncoming cars to stop....aaarghh!

I never know what to do as I will always end up annoying someone! I've always as a pedestrian checked to see if any cars are about to turn in and waited if it looks like they are able to turn in quickly. It takes 5 seconds and doesnt hold anyone up. Everyone's a winner

Timeisslippingaway · 25/07/2018 08:13

Pedestrians wait for cars not the other way around. Don't walk on the road if there is a car coming. Pedestrian was in the wrong.

Calledyoulastnightfromglasgow · 25/07/2018 08:15

Pedestrian has right if way, especially if have started to cross

EyeDrops · 25/07/2018 08:25

Pedestrian may well have legal right of way/priority, but as a pedestrian I never assume that cars will abide by this - if they're distracted, in a hurry, whatever, they may not even notice to stop - I just don't think it's worth taking the risk unless the road is clear. If there's a car in your situation who may turn in, even if not indicating, I'd still assume they might and wait until it's clear they're not.

Possibly overcautious or me but I've always felt it best never to rely on other road users doing things correctly as there'll always be one twat who's not!

Calledyoulastnightfromglasgow · 25/07/2018 08:51

I agree eye! I just think legally the pedestrian has right of way. Probably not from a common sense perspective!

akkakk · 25/07/2018 10:38

It is indicative of our society that posters on here default to the phrase Right of Way - as mentioned a couple of times ;) there is no such thing - it is about Priority

We have a society which has increasingly encouraged individuals to look at their rights and sue if they are breached / stand up for their rights - that gives an antagonistic society where group is against group fighting for who has more rights in a situation...

but the law here is clear - it is priority, not rights - that means that by default, pedestrian and car driver have to live together - not by fighting over who is right, but by co-operatively ceding priority as required... it means that the default position should be a courteous one, not an antagonistic one - and life would flow much better...

there is total clarity that if the OP was in the road first, then she has priority - so the car driver should pause... but I suspect that the general aggressiveness of drivers in this situation is linked to the same inaccurate beliefs as shown by others on here that we have rights... it is a selfish egotistical attitude which is killing society - I am not suggesting that the posters on here are that, but the fact that the wording used is Right of Way, and so many people believe that to be the case shows how embedded it is in the sub-conscious of our society...

to summarise for this scenario
No such thing as Right of Way
OP had priority once in the road
Car driver was wrong

for those posting otherwise - read the law / Highway Code - it is very very clear...

CuddlesAndShit · 25/07/2018 11:19

Could not agree more. It would be so much less of a stressful life if we were all to be courteous and generous to each other in our day to day lives, instead of ploughing through and causing upset just because technically you are in the right.

As a pedestrian I always make sure I am thoughtful to drivers and do not impede their progress if it means waiting a couple of extra seconds. As a driver I often give way to pedestrians and other drivers (if safe to do so) even if the law says I do not have to. Why wouldn't I? It makes no difference to me, it makes their lives a bit easier and you both give a cheerful wave and you go on your way feeling happy.

I know its a bit off topic, but in these days of so many people being so angry all the time and being more concerned with asserting their 'rights' I think a little bit of thoughtfulness goes a long way.

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