25-06-16, 01:59 PM
(25-06-16, 11:05 AM)BBROWN1664 link Wrote: You both had the right of way at the time you both pulled out. His stopping means you have to stop. You didn't. Your fault I am afraid.
It depends how close johnakay was to the roundabout. If the driver could have seen johnakay coming then he should not have proceeded onto the roundabout because johnakay would have priority. 100% the driver's fault.
If he could have seen that the car's path would be blocked, he probably shouldn't have proceeded, but it's not illegal, so the question is could johnakay have seen the driver moving forward and braked in time. If not, then it's 50/50 IMO.
If johnakay was going too fast to stop or failed to observe the car blocking his path, probably 100% his fault (IANAL etc)
PS the correct term to use is "priority". "Right of way" actually just means the right to "pass and re-pass across a piece of land", but "priority" means you have the right to go first.