Right of way at crossroads?

[manofatholl]

The other night I arrived at the give way of a crossroads the same time as the car opposite me arrived at their give way. Now as that car was coming straight through and I was turning right I rightfully let that car go first. After that car had gone I checked right and left and then pulled out to turn right onto the main road, however the car that was waiting behind the first car quickly pulled out and drove straight into my left bumper.
The driver of the car that hit me was quite adament that it was my fault as they coming straight through I should have given given way to them(even although they arrived at their give way after me).
The police seemed to think I'd performed it right and my insurance company agreed the car should have given way to me and that as I was on the main road and the car hit me that it was in my favour.
Any opinions on this grey area?

[sddsddean]

If the 2nd car followed the 1st to the give way line immediately, so you would have seen it was there, in my opinion it has right of way. Its going straight and you are turning right. We do not have the rule in the UK that just because you are there first, you go first (like a 4 way stop in the US). By the way you've described it, I'd say its your fault and I don't know on what basis the Police or Ins Co think the other car should have waited.

[craft1948]

unfortunately I agree with the first poster :-(

[Panic Button]

As a courtesy if I had been the other car I would have waited, as you were there first.

However, the others are correct. As you were turning and he was going straight over, in law he had priority.

[sara3]

I'd beg to differ. the 2nd car assumed a sneaky right of way just because you were courteous and let the first car go. neither of you has an automatic right of way, dependant on how you intend using the crossing.

I've done it myself.. the car in front was given the go ahead, and I've quickly nipped out behind it. (although I've never caused an accident!)

[Panic Button]

Sorry Sara, but a car going straight on at such a crossroads has priority over one turning.

[sara3]

if both cars at at Give Way signs?

[Panic Button]

Yes.

You can imagine it as if the two roads are contnuous, if there is no traffic on the major road.

[vulcan]

Surely the time factor comes into this.
mano says after the other car had crossed, he[Mano] checked both ways, moved off and turned onto the main road, where the other car hit his left bumper.For the other car to hit him there,manos car had to be on the main road,therefore having right of way.

[sara3]

I shall have to dip into the Highway Code!

[sara3]

I can only find this. !"

"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."

there are no rules that I've heard of that say you must consider the car opposite you at the junction, and which way they may be going.

[sara3]

and... the poster was already on the main road when the other car pulled out.

[rojash]

As Sara points out, if you were on the main road (by virtue of turning right), then the car at the Give Way sign should have given way to you. I woudl guess though that the insurance companies would be likely to treat it as "knock for knock".

[Panic Button]

On further thought I take your point.

I still feel that the original poster was correct in giving way to the car going straight on. That car had priority, as turning in front of it would have meant crossing its path.

Sddsdean's comment in the very first answer is correct. It depends on how soon the second car followed.
If it was immediate, then the driver could feel he or she had priority aswell.

However if there was a delay, then the point several of you have made would be true, that the turning car 'had the road', and the car on the side road should have to give way to the car on the major road.

That may be why the police agreed with manfatholl

[Panic Button]

This may help explain, Sara

http://www.faircitysc...DF/crossroads%201.pdf

[joko]

you say yourself that the 2nd car was 'waiting' behind the first...so it didnt come later after you where already on the road at all...you should have let both cars go, then turned.

the give way sign refers to traffic going across you not opposite...as you were turning, an they werent,they have right of way

did you have your idicator on?

im afraid i think i would hjave continued just as the second car did - you cannot give way to one car then try to halt the next to let you cross them...

[Beachbaby1963]

Except at a mini roundabout if you are sitting behind a Give Way or Stop Sign.... You must give way to all traffic Not Turning when you Are Turning... EVEN IF YOU HAVE TO WAIT FOR 20 CARS. Turning right at a crossroad with signs is exactly the same as turning right at a Full Green Traffic Light... Give Way to on-coming traffic.... ALWAYS

[P_Lactophobe]

Rule 180 of the highway code says
Wait until there is a safe gap between you and any oncoming vehicle. Watch out for cyclists, motorcyclists, pedestrians and other road users. Check your mirrors and blind spot again to make sure you are not being overtaken, then make the turn. Do not cut the corner. Take great care when turning into a main road; you will need to watch for traffic in both directions and wait for a safe gap

The Key phrase here is...
Wait until there is a safe gap between you and any oncoming vehicle.

So if you are turning right and there is someone else opposite going straight on, you wait!
If there is another car wanting to go straight on, you wait !.. and you keep waiting.