Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

who has right of way

Issues arising from our actions on the roads - including Transport.

who has right of way

Postby SPQR49 » Tue Oct 17, 2017 2:56 pm

Red car and blue car both exiting left into a dual carriageway off a roundabout. The cars collide with the damage to the blue car sustained nearside (passenger) side. I have been studying the attached JPEG and trying to decide who has right of way? if the red car had stayed in its lane then collision would not have occurred. Alternatively if the blue car and stayed in its lane - well, ditto. Did the red car hit the blue car or vice versa? It`s surely 50/50 at best?
Attachments
Galley`s corner roundabout.JPG
galleys corner roundabout
Galley`s corner roundabout.JPG (85.08 KiB) Viewed 133 times
SPQR49
 
Posts: 15
Joined: Wed Sep 27, 2017 11:00 am

Re: who has right of way

Postby atticus » Tue Oct 17, 2017 3:15 pm

indicators.

Were they used?
User avatar
atticus
 
Posts: 19700
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: who has right of way

Postby SPQR49 » Tue Oct 17, 2017 3:23 pm

The Claimant (red car) has a witness who alleges that the Defendant (blue car) did not indicate. I am trying to get a copy of this third party witness statement as the Defendant disputes any such witness attended the scene. Assuming an indicator was used, I presume the next point is correct use or does use signal right (in other words can X pull out provided they indicated they were pulling out (I would have thought not as that could be dangerous driving if they were pulling out into on-coming traffic.
SPQR49
 
Posts: 15
Joined: Wed Sep 27, 2017 11:00 am

Re: who has right of way

Postby 3.14 » Tue Oct 17, 2017 3:24 pm

Blue BMW needed to have used indicators. The Police once pulled me over for cutting them off in a similar manoeuvre.
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2136
Joined: Thu Nov 01, 2012 2:58 pm

Re: who has right of way

Postby SPQR49 » Tue Oct 17, 2017 3:37 pm

Both vehicles were turning left, into a dual-carriageway. So I dont see a case for cutting-up as would be the case if the red car were continuing to the next exit.
That is the confusing aspect to this.
I don`t suppose we will ever know for sure whether indicators were used. It is impossible to prove either way (subject to the witness account which the Defendant alleges is spurious; they say they were the last to leave the scene and at no point did any other person stop.)
SPQR49
 
Posts: 15
Joined: Wed Sep 27, 2017 11:00 am

Re: who has right of way

Postby dls » Tue Oct 17, 2017 3:53 pm

Both vehicles are turning right off the roundabout in adjacent lanes. If each keeps to their lane, no accident happens. One either went outside its proper lane, or the other cut across.

It would be interesting to know the eventual destination of car on the outside (roundabout) lane - which junction did ti really want to be in.
If the chap in the outer lane of the roundabout was indeed intending to leave, it should not matter what the cap next to him was signalling. Whether signalling or not, he should be sticking to his lane. The complaint suggests that he was moving out of his lane.
The car on the inside (roundabout) lane can only justify his turn if he can be sure the other was exiting the roundabout (signalling).
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12193
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: who has right of way

Postby atticus » Tue Oct 17, 2017 3:55 pm

All drivers need to be aware of road and traffic conditions. The question about right of way suggests that the BMW driver does not fully understand this.
User avatar
atticus
 
Posts: 19700
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: who has right of way

Postby Millbrook2 » Tue Oct 17, 2017 5:00 pm

If both cars were turning left and kept in their respective lanes then no collision should have occurred. Something else must have happened.
Millbrook2
 
Posts: 768
Joined: Tue Nov 27, 2012 9:05 am

Re: who has right of way

Postby 3.14 » Tue Oct 17, 2017 5:42 pm

Was the red car actually exiting at that exit? Were they instead going round the roundabout?
Hide in the noise. #hackerwisdom
User avatar
3.14
 
Posts: 2136
Joined: Thu Nov 01, 2012 2:58 pm

Re: who has right of way

Postby atticus » Tue Oct 17, 2017 5:47 pm

I have also been wondering whether the collision actually took place where shown. The OP's plan suggests blue car leaving roundabout, cutting across red car staying on and going round.
User avatar
atticus
 
Posts: 19700
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Next

Return to Road Traffic Law

Who is online

Users browsing this forum: No registered users and 1 guest