01-02-14, 10:14 PM
(31-01-14, 07:07 PM)nick crisp link Wrote: If a car stops on the main road, to let someone pull out, does that actually give the driver pulling out right of way?
A clarification IIRC:
"Right of way" simply means the right to "pass and re-pass" across a piece of land ie you don't have to ask anyone's permission.
"Priority" means that you get to go first, ie traffic from your right when you're pulling out of a junction gets priority.
As such, I would say that the fault is the woman who pulled out of the junction because paragraph 172 of the Highway Code states:
Quote:172
The approach to a junction may have a ‘Give Way’ sign or a triangle marked on the road. You MUST give way to traffic on the main road when emerging from a junction with broken white lines across the road.
Laws RTA 1988 sect 36 & TSRGD regs 10(1),16(1) & 25
Note that that's a "MUST" ie it's backed by law and, by implication, it's *all* traffic you must give way to.
In which case, I'd go for 100% her fault and then (maybe) back off a bit from that, but 50/50 would be the absolute minimum