Driveway/pedestrain rights of way

mermaid85

I have no doubts there will be a lot of opinions of this subject, but I would like to know what the legal standpoint is as I can't find anything that makes it clear.

I live on a village high street, with a driveway. My preference is to reverse into my drive so that I can drive out onto the road, which is in line with the Highway Code.

Frequently, when I am mid-reverse, pedestrians are deciding to walk around my car rather than wait a minute until I am off of the park, going behind my car, and onto my drive. I know if they were already passing the drive when I approach, they have the right of way, but surely that isn't the case when I am already there? And technically they are trespassing by entering my property too?

There is one woman in particular, who's child goes past every morning at speed on his scooter that is guilty of this. This morning, he has shot round the corner and despite me stopping, HE has run into ME. He obviously wasn't hurt as he carried on going, but she has completely ignored what has happened!

InsideInsurance

Trespass has strict liability so yes they'd be trespassing by entering your land so you can sue them for the damage they caused to your property - so I am guessing £0.000000000001 for wear and tear to your drive surface?

To the best of my knowledge the law simply isnt that well defined in terms of "right of way" but certainly you owe them a duty of care and being the one in the big metal box, if you hit one you will certainly be the vast majority to blame if not 100% despite them being idiots

Mark_Mark

Here's a thought, the pedestrian has right of way.


Why?


They are going with the flow of traffic, the correct way up and down the street. You are crossing it by reversing onto your drive.


Would you try and cross the path of a passing vehicle?

Gloomendoom

The pedestrian has right of way. The pedestrian also has the right to deviate from a public right of way if that way is obstructed.

I were the pedestrian though, and I could see that you were in mid reverse, I'd wait until you had finished.

Hoof_Hearted

Pedestrians always have the right of way. Otherwise you would just run them over.

Quentin

Why not vary the start of your journey by 1 minute, thereby missing the scooter child and mother which apparently targets you every morning?

mermaid85

InsideInsurance wrote: »

Trespass has strict liability so yes they'd be trespassing by entering your land so you can sue them for the damage they caused to your property - so I am guessing £0.000000000001 for wear and tear to your drive surface?

To the best of my knowledge the law simply isnt that well defined in terms of "right of way" but certainly you owe them a duty of care and being the one in the big metal box, if you hit one you will certainly be the vast majority to blame if not 100% despite them being idiots

lol obviously I'm not going to sue them for trespassing, it's the fact that technically, they have no right to be where they are when they are behind my car, on my property. And if I'm the one to stop, and her child hits my car anyway?! I guess any damage caused by that is irrelevant.

I stop every time, I reverse in extremely slowly anyway. But to me common sense at least dictates that you don't walk behind a reversing vehicle without even pausing to see if they have seen you. She has done this when I have only needed to go back a foot or so to have cleared the pavement, so really not necessary. As I said, I know people are going to have opinions on it, I'm not saying that I'm not going to stop. I'm just interested in who has the legal right since I'm already moving. However, more often than not, a simple question seems to result in people jumping to conclusions.

It's not only this woman, she is just the worst offender. A lot of people walk past on the school run because of my location. I have even had someone allow their dog to pee up my wheel as I was midway into my drive, when I stopped to let them pass. I'm next door but one to a newsagents with a driveway, and I know it isn't only me who has had the kid suddenly come speeding around the corner into my pathway.

27col

Hoof_Hearted wrote: »

Pedestrians always have the right of way. Otherwise you would just run them over.

Exactly what I was told on my driver awareness course.

laidbackgjr

In simple terms, you should only start to reverse across the pavement on to your driveway when there is sufficient gap between pedestrians to enable you to complete the move without the pedestrians having to take avoiding action (i.e. stopping or taking evasive action and walking on to your driveway).

mermaid85

And when the majority of the footpath ISN'T obstructed, yet they still choose to walk behind the car?! There's no reason for it every time it happens.

It's all very well saying that the pedestrians have the right of way, however when someone comes round a corner at speed ie on a scooter, straight into your car, despite you having stopped as soon as you see them, I would say that they are at fault at the very least for the damage caused to the car being used as a brake.

mermaid85

laidbackgjr wrote: »

In simple terms, you should only start to reverse across the pavement on to your driveway when there is sufficient gap between pedestrians to enable you to complete the move without the pedestrians having to take avoiding action (i.e. stopping or taking evasive action and walking on to your driveway).

At the start of me reversing, they were not even on the street. Scooter came from round the corner, straight into my car. I pull over to the side of the road and don't begin the manoeuver into the driveway until the way is clear. Which is why, in my opinion, the mother should have been in some control of her child, and not proceeded to walk around the back of my car, after her son has hit it with his scooter, with zero acknowledgement of what happened.