Scenario: turning into private property

Busi_Girl08

Wanted to get peoples' opinion on this scenario.

In the event of a pedestrian walking across the break in the footpath which makes the entrance to a property, e.g. the car park of a business, hotel, etc, who would have right of way; A car leaving the road to move into this property or the pedestrian walking across the break in the path? Is it a matter of the pedestrian getting priority, or do they have to yield right of way?

I'm asking this because my Dad got in a bit of an argument, ad the pedestrian, with the driver. :pac:

endacl

Busi_Girl08 wrote: »

Wanted to get peoples' opinion on this scenario.

In the event of a pedestrian walking across the break in the footpath which makes the entrance to a property, e.g. the car park of a business, hotel, etc, who would have right of way; A car leaving the road to move into this property or the pedestrian walking across the break in the path? Is it a matter of the pedestrian getting priority, or do they have to yield right of way?

I'm asking this because my Dad got in a bit of an argument, ad the pedestrian, with the driver. :pac:

Pedestrian. Sometimes a pain in the bum, but the pedestrian gets to go first. As does the cyclist who may be coming up your inside.

DaveyDriving

Busi_Girl08 wrote: »

Wanted to get peoples' opinion on this scenario.

In the event of a pedestrian walking across the break in the footpath which makes the entrance to a property, e.g. the car park of a business, hotel, etc, who would have right of way; A car leaving the road to move into this property or the pedestrian walking across the break in the path? Is it a matter of the pedestrian getting priority, or do they have to yield right of way?

I'm asking this because my Dad got in a bit of an argument, ad the pedestrian, with the driver. :pac:

Pedestrian will always have right of way here. It is the same as any right turn the driver must make sure that the space / opening they are driving into is clear for them to enter. Of course pedestrian should be checking for traffic before crossing the space and if a car waiting to turn in they will often wait to allow the car to enter but they are not obliged to do so.

Del2005

DaveyDriving wrote: »

Pedestrian will always have right of way here. It is the same as any right turn the driver must make sure that the space / opening they are driving into is clear for them to enter. Of course pedestrian should be checking for traffic before crossing the space and if a car waiting to turn in they will often wait to allow the car to enter but they are not obliged to do so.

I don't think that's right. If the motorist has started into the junction/entrance then they have right of way, if the pedestrian has starting crossing the junction/entrance then they'll have right of way. I know it's only the ROTR and not the law

You do not have the right-of-way over other traffic until you actually step onto the crossing. Never step onto the crossing if this would cause a driver to brake or swerve suddenly.

But try getting a pedestrian to stop when you've already started turning in is a different matter and regardless of who has right of way you'll be in trouble if you hit them.

endacl

Del2005 wrote: »

I don't think that's right. If the motorist has started into the junction/entrance then they have right of way, if the pedestrian has starting crossing the junction/entrance then they'll have right of way. I know it's only the ROTR and not the law



But try getting a pedestrian to stop when you've already started turning in is a different matter and regardless of who has right of way you'll be in trouble if you hit them.

Another way to think of it of course, is which will make the bigger splat on impact, and how will the courts consider it.