No traffic lights who gives way

[LisnM8]

GUYs and Girls

Bad news smacked into a silly lady at the intersection on my way home, the lights were out and i gave way to the right like i thought your supposed to do???intersection looked clear took of and the other driver didnt see me and oviuosly didnt give way to her right and bang smacked her in her front wheel, took my front end off. attached is my attempt at explaining it better.

The blue blob is me, the cream is a car waiting to turn and the black is her, so she didnt see me cause of it, now i cant find any legislation that states give way to the right???and am i in the wrong or right???? please set my mind at ease...

regards john

[Trevor 062]

Check the light pole there may be a sign saying "STOP" if lights are not working,
you may or may not be in the wrong

[strgas]

lights out at an intersection it then becomes a uncontrolled fourway intersection and yes you give way to your right , much the same as a round about

[TVR-190]

lights out at an intersection it then becomes a uncontrolled fourway intersection and yes you give way to your right , much the same as a round about

ummm, roundabouts rule is you must give way to anyone already on the roundabout, not give way to the right

[mischa]

If the lights are out, technicaly you should treat it as a stop sign. But who dose that on a main road? Did either of you stop? I would say it was your fault if she was stoped and pulled out infront of you and you didnt stop but i duno.

[ClairBear]

At the end of the day you will both have to wear a portion of the blame in this instance. I assume you are insured and she is also, therefore the two Insurance companies will battle out each parties liability. If you are not insured and she is, her insurance company will pay her repairs then come after you personally for the portion they feel you are liable for.

[strgas]

taken from vic roads website ,
Traffic light failure or flashing yellow
If traffic lights at the intersection are not operating, or the traffic lights are showing only a flashing yellow traffic light you must give way as if the intersection did not have traffic lights, or a stop sign, stop line, give way sign or give way line.

[Maxxiz]

ummm, roundabouts rule is you must give way to anyone already on the roundabout, not give way to the right

May be correct in NSW, not everywhere though. Some states it is give way to right, which I think is better, saves confusion if you and someone to your right are both waiting to go with noone in the roundabout.

To OP, I'm also under the impression its give way to the right..

[Nackerz]

taken from vic roads website ,
Traffic light failure or flashing yellow
If traffic lights at the intersection are not operating, or the traffic lights are showing only a flashing yellow traffic light you must give way as if the intersection did not have traffic lights, or a stop sign, stop line, give way sign or give way line.

By reading this, its telling me you must take care and give way to your right!!!

[06vzcalais]

give way to the right unless (someone is in the roundabout) im pretty sure its in the NSW learners test somewhere

[Torquative]

Troy that's half correct, but you also have to give way to your right as well ...

[Jesterarts]

May be correct in NSW, not everywhere though. Some states it is give way to right, which I think is better, saves confusion if you and someone to your right are both waiting to go with noone in the roundabout.

To OP, I'm also under the impression its give way to the right..

Round about rules are the same across Australia in regards to who has right of way.

A round about should be thought of as a circular road, and each road coming off it as a T intersection.

Therefore the people already on the roadabout have right of way.

This is mainly so that people can't fly through roundabouts at a million kmph with the "I came from your right, give way to me attitude"

If an oldy enters a roundabout and decideds to plod along through it at 5kmph and is cleaned up by someone flying through at 80kmph. The oldy is in the right as they are on the roundabout first thus have right of way over the speedy mcspeedy who enters later at a higher speed. (Hope that makes sense)

In regards to OP.

If there is a set of traffic lights, there won't be a giveway or stop sign. Therefore if the lights are out, its give way to right so the woman should have given way.

From what you have said and goin one your diagram, she entered an intersection blindly since she couldn't see past the other car AND she didn't give way to cars on her right.

So it is my opinion that you should be in the clear.

Good luck.

[XST80]

Haha, I had this happen to me a couple weeks ago, the entire town lost power, shops, residences, traffic.

It's scary as hell because you don't know who is gonna go and who isn't.

You just have to give way to your right and get through the intersection as fast as possible while trying to avoid a collision from other cars.

[LisnM8]

so looks like no one really knows definately and its a bit of a grey area, the only thing i can say is she must not of had a clear view of the intersection because the car turning right would of impeded her vision, bugger looks like ill be getting stuffed about by insurance comps again.....i thought it was law to give way to the right how wrong i was bugger, its stupd to think of it as a stop sign because someone will eventually have to go and run the risk of getting shafted like me.....

[Jesterarts]

Troy that's half correct, but you also have to give way to your right as well ...

Actually, Troy is 100% correct and you are 50% correct.

There is no 'give way to right' on round abouts. period.

NSW:
Roundabouts

VIC:
Roundabouts : VicRoads

QLD:
Roundabouts

WA:
Road Safety - Tourism Western Australia

CBF sourcing more links so just look here:
Rules and Roundabouts

Cheers

[vr94ss]

Give way to your right, well it was when I got my license in in WA a hundred years ago. Lights go out, it's an unmarked intersection.

[Kikki]

Well there you go, only 5 years ago when I went for my license it was give way to your right.

[06vzcalais]

Round about rules are the same across Australia in regards to who has right of way.

A round about should be thought of as a circular road, and each road coming off it as a T intersection.

Therefore the people already on the roadabout have right of way.

This is mainly so that people can't fly through roundabouts at a million kmph with the "I came from your right, give way to me attitude"

If an oldy enters a roundabout and decideds to plod along through it at 5kmph and is cleaned up by someone flying through at 80kmph. The oldy is in the right as they are on the roundabout first thus have right of way over the speedy mcspeedy who enters later at a higher speed. (Hope that makes sense)

In regards to OP.

If there is a set of traffic lights, there won't be a giveway or stop sign. Therefore if the lights are out, its give way to right so the woman should have given way.

From what you have said and goin one your diagram, she entered an intersection blindly since she couldn't see past the other car AND she didn't give way to cars on her right.

So it is my opinion that you should be in the clear.

Good luck.

actually when the lights are blacked out its the same as a stop sign
i dunno where the op is from but in NSW theres a stop sign with 3 black dots on it at trafffic lights.. sometimes theres a stop sign with "when blacked out" below it

[06vzcalais]

not that it matters but here a pik

[Jesterarts]

Ah k... haven't seen those around Vic.

So are those on all sides of the intersection or only on one side?

I guess that will decide who was at fault in this case... if the op had the stop sign thing then he is in the wrong and if the woman did than she is.

Thanks for clearing that up for me mate!

Cheers

[vr94ss]

not that it matters but here a pik

Interesting. I don't remember seeing them on Lismore NSW stop lights and neither does my wife. I might have to use google maps to check them out. The OP could also do the same.

[06vzcalais]

yeah but thats lismore for ya (just joking)
im from coffs harbour and these signs are on just about every set of lights i have also seen them in sydney
i also have mates in lismore and casino not a bad place

[jujibelly]

Today a traffic light was out luckily it was not busy. I have been in situations like peak hour traffic light blackout around the city area and I tell you it's every man for himself haha.

[vr94ss]

yeah but thats lismore for ya (just joking)
im from coffs harbour and these signs are on just about every set of lights i have also seen them in sydney
i also have mates in lismore and casino not a bad place

hehe Not a bad place at all and I've been to a few. Just checked google maps, nup don't have them.

[LisnM8]

i live in vic and we dont have those stop signs, rang the insurance today and explained the situation and after 5-10mins he goes so your admitting fault......lol i just had to laugh arr wells me thinks the insurance companies will shaft both of us and get excess from each of us......