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Who gives way to whom

Discussion in 'The Pub' started by Dayvo, Dec 28, 2019.

  1. Tatiana

    Tatiana Administrator Staff Member

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    The driver making the left turn believed the guy doing the u-turn was turning right. I am with you though as I always assume everyone is going to hit me, therefore I would have waited for him to either complete his right hand turn or his U-turn or whatever he was doing in front of me. However it appears the insurance companies involved believe the u-turner was in the wrong.
     
  2. Skylarking

    Skylarking Well-Known Member

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    It’s always best to follow the law, mitigated with a little common sense. But to call the guy who has the right of way a moron for not letting someone through is telling of your driving attitude. What next, do you abuse a pregnant woman who you’ve crashed into because the biatch should have been nice and let you through even though she had the right of way?

    Truth is, crashes sometimes occur when someone who have the right of way try to be nice and let someone past... the other guy hesitates because he’s supposed to give way... guy who has right of way gestures for other driver to go... some more hesitation... and then they both go at the same time... see it all the time o_O

    Probably the one place when common sense should be shown, but is hardly ever shown, is at merging lanes during peak traffic conditions. Such common sense in these instances would allow traffic to flow much better but many want to gain that extra car spot and accelerate forward to block you in for no good reason. Even when there is no broken line separating the merging lanes, where a car with any part in front of your car, even if on the left, has the right of way, many in the right lane still try and push in showing their ignorance of the zip merge road rules (or of any basic human curtesy. during peak traffic). I’d say common sense isn’t so common :oops: so I’ll defer to the rules thanks ;)
     
  3. Skylarking

    Skylarking Well-Known Member

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    There is no doubt here as the guy doing the U-turn is 100% at fault in law. It’s clearly spelt out who give way within the rules I posted above.

    Such crashes could be 100% avoided if the guy doing the U-turn actually followed the road rules.

    I just don’t understand the attitude where some people try and put the crash responsibility onto others who are actually understand and follow the road rules and assumed the U-turner would stop as he should have o_O
     
  4. VS 5.0

    VS 5.0 Well-Known Member

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    Do we know all the circumstances though ? Particularly the timing of who arrived at / entered the intersection first.

    i.e. if the person conducting the U Turn had commenced their action before the person doing the left turn had arrived at the intersection, are they still at fault under the law ?
     
  5. Skylarking

    Skylarking Well-Known Member

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    Only road rule where I remember any mention about timing is related to roundabouts when one must give way to any vehicle within the roundabout... even one entering from your left if they entered first. If they entered first, then they have the right of way.

    In all other instances, arguing who got there first or who commenced their action first or who was speeding excessively, etc and thus caused the crash is a suckers game and likely not to absolve one from the literal meaning in-law.

    Basically if a crash occurs and vehicles placement indicates a person was doing a U-turn, automatically the assumption would be they are at fault. As the U-turner, you’d have to have an independent whiteness (bystander or unrelated vehicle, not your passenger) and preferably video evidence that there was enough time to complete a manoeuvre if not for the other parties illegal spending offence (for example). Even then it may be a long bow to draw in court and you may be shut down from that aspect by a judge... :eek:

    It’s always best to know the law and know who gives way to whom and if possible give a wide berth to idiot drivers (which seems to be getting harder as time goes by) :oops:

    Isn’t there a forum member who’s a policeman that could chime in?
     
  6. DavesSV6Tonner

    DavesSV6Tonner Active Member

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    If I was the motorist making the left turn in the situation being discussed and I could clearly see the other person was in the process of making a U turn I would wait until they have completed their U turn rather than barge through simply because I have the 'RIGHT OF WAY'.
     
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  7. DavesSV6Tonner

    DavesSV6Tonner Active Member

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    More than likely both motorists had oncoming traffic approaching which, if they had hesitated in making their turns, would have necessitated them having to give way to that traffic and wait for the next clear break.
     
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  8. VS 5.0

    VS 5.0 Well-Known Member

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    Based on your theory, how long should the u-turner wait before they proceed, to ensure no one will be turning left or have the opportunity to turn left before they execute their u-turn ? Until there is no other vehicle in visible sight ?

    If no one is about to turn left, then u-turner has no need to give way. If the left turner arrives and proceeds to turn left and into the u-tuner, there should be no way the u-turner should be held liable.

    It's nonsensical.
     
  9. figjam

    figjam Donating Member

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    How many drivers would know or understand this (ancient but current) NSW rule. Apparently you can't turn left.

    Signalling
    You must indicate to let others know what you plan to do. Give plenty of warning by signalling before you turn left or right, or change lanes.
    Make sure your indicator is turned off after each turn or lane change. If your indicators are not working, not clearly visible or your vehicle does not have indicator lights then you must give a hand signal when turning right or stopping.


    [​IMG]
    Signal to turn right ..................... ( or throwing rubbish from car )
    [​IMG]
    Signal for stopping or slowing down ....................... ( or waving to good looking chicky-babe.)
     
  10. Dayvo

    Dayvo Because i can

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    I usually make eye contact and give the "you go first" hand gesture if in doubt .
     
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  11. VS 5.0

    VS 5.0 Well-Known Member

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    Using a maps app and pre-plotting your journey to only turn right and you're good to go.
     
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  12. Skylarking

    Skylarking Well-Known Member

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    It isn’t my theory, it’s written in law who must gives way.

    If there is an accident, obviously the guy who was supposed to give way either didn’t or entered into the turn when it wasn’t safe to do so. As I said, positioning of the crashed vehicles will usually indicate who was supposed to give way and thus who is at fault.

    Heck, I’ve seen a guy who spun out on a corner and smashed backwards into the front of a car that was going the other way. That prick who spun out tried to say the other guy crashed into his rear. Clearly the one crashing into the rear is at fault which the vehicle damage and positioning supported. Luckily many witnesses took the time to stop and state what they saw to police. Sadly, the police only found the prick was at fault for the accident and gave him a ticket and forced him to provide his details to the other driver... I’d have thrown the book at him including making false statements to police and a much more serious dangerous driving charge. I have been harsh with charging him because if it wasn’t for the witnesses, that prick would have gotten away with it.

    So yes, the law can be nonsensical sometimes :oops: but I didn’t write it ;)
     
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  13. immortality

    immortality No more smoky bacon :( Staff Member

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    It's irrelevant as long as you ALL give way to me!
     
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  14. Dayvo

    Dayvo Because i can

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    Or women because you and me both know they are always right :rolleyes:
     
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  15. vc commodore

    vc commodore Well-Known Member

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    It seems that learners are taught how to pass their driving test and get the required hour up instead of learning the road rules. We have all seen the" mum and dad " instructors who teach their kids bad habits right from day one . I have lost count of how many learners i have seen sitting way under the speed limit in the right hand lane.[/QUOTE]

    Professional driving instructors even have learner drivers sitting in the right hand lane in 80+ zones contradictory to road signage..So driving instructors need re teaching
     
  16. vc commodore

    vc commodore Well-Known Member

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    This also throws up another infringement, where the car is unroadworthy, due to non functioning indicators...

    But yes I'm aware of this kind of signalling
     
  17. figjam

    figjam Donating Member

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    ......…. and their teaching L driver's the art of keeping their hands at the 10 to 2 position, and shuffling the steering wheel through that hand position while turning a corner, and teaching them to sit close to the steering wheel so that their shoulder to elbow position is nearly vertical.

    Geez, I'm gunna have problems when I start doing my old farts driving tests, because I believe that so much taught now is complete BS..
     
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  18. immortality

    immortality No more smoky bacon :( Staff Member

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    Yup, don't forget to check all your mirrors and the dash every few seconds making sure not to forget those blind spots and if you have any time left you might see what you're gonna hit before you hit it...

    I honestly believe driving should be taught at schools.
     
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  19. DavesSV6Tonner

    DavesSV6Tonner Active Member

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    I rather like the commonsense approach to 'Left Hand Turns at Intersections' in the 1909 Motor Traffic Act, 30 November, 1964 edition.

    Quote " (2) Where the driver of a motor vehicle turns his vehicle to his left from one public street into another at an intersection he shall take adequate precautions to avoid danger of his vehicle colliding with any pedestrian who or vehicle or animal in charge of any person which may be upon any portion of the intersection of the streets."
     
  20. Trevor loves holden.

    Trevor loves holden. Well-Known Member

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    When I was getting my truck licence I was told remember MIB, Mirrors, indicate, brake, and you weren't allowed to shift down a gear in a intersection only up.
    Pays to be 100% alert in this case as you don't know what the other driver going to do. The person turning Right has to give way to the person turning left.
    Now I'm wide awake I can answer the question, doing a U turn means you have to give way to all traffic including pedestrians and the car turning left from a slip lane or a side street even if they have a 'Give Way' or 'Stop' sign. Happy new year to all..
     
    Last edited: Jan 1, 2020
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