Question about Pedestrians Vs cars?

AvadaKedavra

Hello,

Just a quick question.

Who has right of way in the following scenario: you're walking on a public highway, next to a road (on your right) and houses on your left, the houses on your left all have drives which means cars coming down said drive would have to drive onto the public highway in order to get onto the road; whether it is reversing or going forward.

The public highway is altered where it crosses the drive by having the pavement dip / lowered, but who has right of way? I often come across this situation and some drivers block the whole path whilst they wait for an opportunity to get on to the road, meaning poor old me has to stand there or walk behind or in front of the car :mad:

Norman_Castle

Courtesy dictates drivers should let pedestrians on the pavement pass before blocking it, but motorists will need to move to the edge of the road before pulling out.

InsideInsurance

The road is a public highway so not sure why you are saying the car has to cross the public highway to get to the road when you mean the pavement.

Anyway, the car is entitled to be on the pavement part of their driveway whilst waiting for an opportunity to join the traffic on the road. So if they are already there when you get to them they dont have to go back up their driveway to let you pass.

If you and they get to the point of their property joining the pavement at the same time then there is no real "right of way" but if neither of you stopped then they'd be the ones liable for the accident and so by that alone they should be the ones to let the pedestrian through.

Norman_Castle

From the Highway code

206

Drive carefully and slowly when

• needing to cross a pavement or cycle track; for example, to reach or leave a driveway. Give way to pedestrians and cyclists on the pavement

wiltsguy_2

Norman_Castle wrote: »

From the Highway code

206

Drive carefully and slowly when

• needing to cross a pavement or cycle track; for example, to reach or leave a driveway. Give way to pedestrians and cyclists on the pavement

i always give way to pedestrians in this situation

esuhl

The dipped part of a pavement is still a pavement, so pedestrians have right of way.

princeofpounds

Pedestrians do have right of way. But that does not mean that the driver has to abandon their manoeuvre halfway through, it just means they can't start it if they realise it will conflict with you.


Of course if there are no obvious gaps in traffic it makes sense to reverse, and it also makes sense if the presence of pedestrian traffic obscures the view of the road.

Andy_L

Norman_Castle wrote: »

From the Highway code

206

Drive carefully and slowly when

• needing to cross a pavement or cycle track; for example, to reach or leave a driveway. Give way to pedestrians and cyclists on the pavement

However its not a "must" bit of the highway code so not a legal requirement, just something they will use against you if you knock a pedestrian down

AvadaKedavra

InsideInsurance wrote: »

The road is a public highway so not sure why you are saying the car has to cross the public highway to get to the road when you mean the pavement.

Anyway, the car is entitled to be on the pavement part of their driveway whilst waiting for an opportunity to join the traffic on the road. So if they are already there when you get to them they dont have to go back up their driveway to let you pass.

If you and they get to the point of their property joining the pavement at the same time then there is no real "right of way" but if neither of you stopped then they'd be the ones liable for the accident and so by that alone they should be the ones to let the pedestrian through.

Yes, sorry I mean pavement in my post.

It seems that way, that it depends on the person driving the car.

Altarf

AvadaKedavra wrote: »

I often come across this situation and some drivers block the whole path whilst they wait for an opportunity to get on to the road, meaning poor old me has to stand there or walk behind or in front of the car

If the car was waiting there first, fine.

If the car comes down the drive and ignores me as I am walking towards where they need to cross, and then stop in front of me, then I will just stand waiting in the middle of the driver's sight line. Childish, yes. But they started it.

pendragon_arther

Usually the driver should have a clear field of vision to see if any pedestrians are approaching from any direction and should wait until the walker has passed. If they don't have a clear field of vision they are fools and are waiting for an accident to happen.