Pedestrian right of way?
Author
Discussion

Puggit

Original Poster:

49,829 posts

279 months

Tuesday 2nd October 2007
quotequote all
Something in the back of my mind tells me that in most circumstances (motorways being an obvious exception) that pedestrians have a right of way on a road.

Can any of the resident law experts clarify this for me - or am I just a dunce? hehe

tigger1

8,478 posts

252 months

Tuesday 2nd October 2007
quotequote all
Puggit said:
Something in the back of my mind tells me that in most circumstances (motorways being an obvious exception) that pedestrians have a right of way on a road.

Can any of the resident law experts clarify this for me - or am I just a dunce? hehe
You should ALWAYS give right of way to a pedestrian in the road, however, pedestrians aren't allowed on motorways, so if there was one then you'd want to be being VERY cautious, not just about them but other traffic too.

Parrot of Doom

23,075 posts

265 months

Tuesday 2nd October 2007
quotequote all
Puggit said:
Something in the back of my mind tells me that in most circumstances (motorways being an obvious exception) that pedestrians have a right of way on a road.

Can any of the resident law experts clarify this for me - or am I just a dunce? hehe
Once they're in the road. But they can't just walk into moving traffic and expect not to get whacked.

Tbh there should be an offence of jaywalking in this country.

GreenV8S

31,027 posts

315 months

Tuesday 2nd October 2007
quotequote all
"Right of way" is probably the wrong term - I think you're talking about who has precedence.

Puggit

Original Poster:

49,829 posts

279 months

Wednesday 3rd October 2007
quotequote all
GreenV8S said:
"Right of way" is probably the wrong term - I think you're talking about who has precedence.
Yes, I think you're quite right.

Puggit

Original Poster:

49,829 posts

279 months

Friday 5th October 2007
quotequote all
Anyone able to help with this?

Don

28,378 posts

315 months

Friday 5th October 2007
quotequote all
I'll need to check (and will later) but IIRC pedestrians do NOT have precedence in most circumstances.

I believe this to be correct as otherwise you would not need pedestrian crossings!

An occasion upon which I believe they DO have precedence is when as a driver you wish to turn from a main road into a side road. If a pedestrian is crossing the side road I seem to remember they have precedence. I'll check.

Clearly at pedestrian (Zebra) crossings they have precedence. At lights controlled crossings they do when the lights are in their favour.


Jasandjules

72,676 posts

260 months

Friday 5th October 2007
quotequote all
Don said:
I'll need to check (and will later) but IIRC pedestrians do NOT have precedence in most circumstances.

I believe this to be correct as otherwise you would not need pedestrian crossings!

An occasion upon which I believe they DO have precedence is when as a driver you wish to turn from a main road into a side road. If a pedestrian is crossing the side road I seem to remember they have precedence. I'll check.

Clearly at pedestrian (Zebra) crossings they have precedence. At lights controlled crossings they do when the lights are in their favour.
That is pretty much how I thought it was too, the pedestrian only has right of way when they are already on the road into which you are going to turn.

streaky

19,311 posts

280 months

Friday 5th October 2007
quotequote all
He was right,
He was right,
As he walked along.
But he's just as dead,
As if he'd been wrong.

Streaky

Who me ?

7,455 posts

243 months

Friday 5th October 2007
quotequote all
Jasandjules said:
Don said:
I'll need to check (and will later) but IIRC pedestrians do NOT have precedence in most circumstances.

I believe this to be correct as otherwise you would not need pedestrian crossings!

An occasion upon which I believe they DO have precedence is when as a driver you wish to turn from a main road into a side road. If a pedestrian is crossing the side road I seem to remember they have precedence. I'll check.

Clearly at pedestrian (Zebra) crossings they have precedence. At lights controlled crossings they do when the lights are in their favour.
That is pretty much how I thought it was too, the pedestrian only has right of way when they are already on the road into which you are going to turn.
HC RULE 170 .

paulsm

410 posts

254 months

Friday 5th October 2007
quotequote all
if you turn into a road and pedestians are already in that road, they have right of way

flemke

23,512 posts

268 months

Friday 5th October 2007
quotequote all
Don said:
I'll need to check (and will later) but IIRC pedestrians do NOT have precedence in most circumstances.

I believe this to be correct as otherwise you would not need pedestrian crossings!

An occasion upon which I believe they DO have precedence is when as a driver you wish to turn from a main road into a side road. If a pedestrian is crossing the side road I seem to remember they have precedence. I'll check.

Clearly at pedestrian (Zebra) crossings they have precedence. At lights controlled crossings they do when the lights are in their favour.
Also, if car is on side road and is approaching T-junction, junction is marked with give-way line, pedestrian is walking along give-way line.

stara

137 posts

232 months

Friday 5th October 2007
quotequote all
i think if pedestrians are in the road, you must give way, after all, you are not allowed to run then over on purpose.

flemke

23,512 posts

268 months

Friday 5th October 2007
quotequote all
stara said:
i think if pedestrians are in the road, you must give way, after all, you are not allowed to run then over on purpose.
The problem (or one of them) is when a pedestrian and a car are heading towards the same spot, and the car tries to intimidate the pedestrian into giving way.
As BIB once told me when I asked about this very question, "The pedestrian probably has the right of way, but you wouldn't want to put that to the test."

vonhosen

40,597 posts

248 months

Hooli

32,278 posts

231 months

Friday 5th October 2007
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im my view, it doesnt matter if your on foot or in a car. if you move into someone's path when they have right of way its YOUR fault if you get hit.

vonhosen

40,597 posts

248 months

Friday 5th October 2007
quotequote all
Hooli said:
im my view, it doesnt matter if your on foot or in a car. if you move into someone's path when they have right of way its YOUR fault if you get hit.
But when it comes to views, it's how the court views it that matters.

WildCat

8,369 posts

274 months

Friday 5th October 2007
quotequote all
If road says "Prohibited to pedestrians".. then blame move from driver to stupid pedestrian in the courts.

If pedestrian proven in court to be under influence of any substance or concentrating on Handy phone.. then courts have been known to reflect this in verdict und sentence on the driver/biker/cyclist.

I thank my Lord God for objective legal eagles. I curse the devil over the pee cee idiots though wink

tigger1

8,478 posts

252 months

Friday 5th October 2007
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I have a personal rule that says anyone with headphones in who doesn't look is fair game.

The number of people I've nearly killed who have stepped blindly out in front of me is scary*
*must try harder to hit them...