Right of way

[blue2]

I have found recently that when I'm driving people are just stepping off the pavement to cross the road without looking. Of course I'll stop for them but I find it so annoying and dangerous as I have to break hard to avoid an accident. As I am in a car, do i have right of way? Also I when I have to cross a pavement to enter a car park who has right of way, people walking on the pavement or the person in the car?

Thanks

[markysngc]

pedestrians always have right of way even on the road. though just walking into the road without looking is a pretty stupid thing to do.

[blue2]

Thanks Mark, I guessed they would do, just wish they had more sense to look where they are going.

[markysngc]

I'd be willing to bet that most of these people that just walk out into the road fall into a fairly specific age ranges too.

I've noticed that "youths" (for want of a better word) seem to do it, then as they get older people seem to learn to cross a road properly until they get to a point in old age when just walking out in front of people seems to get acceptable again!

[New Judge]

Not quite so, markysngc.

Pedestrians most certainly do not generally have the right of way when on the road except in a few circumstances. But this, of course, does not mean that they can be indiscriminately mown down just because they are in the road. Drivers are expected to exercise due care.

The Highway Code para 1 suggests that pedestrians should always use a footpath or pavement where available.

Para 7 describes the Green Cross code and, among other things advises:

- Find a safe place to cross [the road]
- Stop before you get to the kerb
- Look around for traffic and listen
- If traffic is coming, let it pass. [thus indicating that pedestrians do not have the right of way]

The only circumstances in which pedestrians have priority when crossing the road is when they are crossing at a junction. They have priority if they have started to cross and traffic wants to turn into the road they are crossing. (Highway Code paragraphs 8 and 170 refer).

It is foolish in the extreme for pedestrians to simply step into the road and there have been cases where pedestrians have been successfully sued for damages when they have caused an accident by their negligence.

[markysngc]

Thanks for the explanation New Judge

I stand well and truly corrected :)

Getting my coat now and sneaking off out the back door.

[blue2]

Thank for your very informed answer New Judge, I just thought that the way people confidently walk out in front of cars meant they knew they had the right of way. I tend to check it's safe to cross, but hey...

[R1Geezer]

Further to the judge, there is no such thing as "right of way" it is not mentioned in the highway code, it does however say when a road user should give way.