who has the right of way?

[SKY031]

Originally posted by 2fardown

You have the right away as the other person is crossing your path.  Those people saying otherwise...how the hell did you get your licence?

Take into account the fact that in Victoria, you have to give way to someone who is completing a turn.

I think that people should review their descisions about this.

If akeenan is going straight, (sitting at a Give way or stop sign) and the other person is completing a turn from the centre of the road, then the person in the centre of the road has right of way.

The orange car isn't leaving a car park, he is in the middle of a median, completing a turn!!!!

Meaning, that he is already ON the main road, and hence, has right of way.

:uh-huh:

Don't yell at me, I fall into the 'old fogey' category, and old people can't drive.

[sven laptop]

Sorry Skyline Chick, the completing a turn thing is rubbish, but the rest is right.

If you were both coming from "give way" or "stop" signs, then the person going straight would have right of way.

But it appears the other bloke probably didn't have a give way/stop sign, which means he was already in the carriageway, which means you should've given way to him.

It's a tricky situation, but one way you can minimise the risk (a trick learned from years riding a motorbike) is to make eye contact with the other driver.

If you know he's seen you, you'll both be more cautious of each other & hopefully have time to stop if you need to.

good luck with the insurance.

[Duncan]

I'm with 51jay, if you both have give way signs, neither of you have right of way, regardless of where you are and where you are trying to go.

[akeenan]

thanks for the replies guys!

the eye contact thing is def a good idea.... so many people have problems on this intersection it isnt funny.

[Cubes]

As a general rule, the person crossing the path of another person has to give way.

This also safe guards the fact that if the person who is turning in front of you forgets to put their blinker on.

So the other person crossing your path and entering your side of the road has to give way.

It is the most logical and safe way to approach the situation.

[warrick]

yeah you have right of way as he is cutting across the flow of traffic!

cheers

warrick

[SKY031]

To prove that you are without a doubt, unquestionably in the right, this has been taken directly from the VicRoads hand book

"After stopping at a Stop sign or line, or when facing a Give way sign or line at an intersection, you must give way to any vehicle in, entering or approaching the intersection except:

-a vehicle making a u-turn

-a vehicle turning left using a slip lane

-an oncoming vehicle turning right if that vehicle is also facing a Stop of Give Way sign."

[akeenan]

r31 skyline chick! THANKYOU VERY MUCH!

im going to drive all week and when i find that guy(who abused me) im going to run him off the road into a very very very deep hole.

[Cubes]

Just don't scratch the Line..

[snyper510]

As an interesting sidenote to this thread, one of the instructors on an advanced driving course i did drilled the following into our heads: "THERE IS NO SUCH THING AS RIGHT OF WAY"

ie: you NEVER have the RIGHT to proceed through traffic, rather, you can proceed with caution if your path is clear. You will notice in most traffic regulations/books/laws, the term "right of way" rarely appears - situations where one should "give way" are referenced instead.

Apparently if you argue in court that you had "right of way", the other parties lawyers will rape you - you need to instead prove their failure to give way. Further to this, if you plow into a car under the pretence that you had "right of way", but could have avoided them by "giving way" to a fore-seeable accident, you can also get severly arse raped.

Interesting.. yes? So keep your bum to the wall, and never believe you have the right of way