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Old September 1st 03, 05:08 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Box Junction Penalty

Stimpy wrote:
Richard J." wrote in message
...

Pedestrians have right of way on corners.


Not in law AFAIK. The Highway Code says they have priority, but
doesn't say that drivers "MUST" give way, and doesn't quote an Act,
so I assume it's just advice.


I think the logic is that road vehicles were never explicitly given a
right of way over pedestrians (other than certain specific cases such
as Motorways) so by default pedestrians still have the right of way.


No, the logical conclusion is that by default there is no right of way for
one over the other in law. (Similarly there is no right of way for one
pedestrian over another pedestrian.) In extreme circumstances, a pedestrian
could probably be charged with obstructing the highway, but if he just
crosses the road in front of traffic, he is not AFAIK committing an offence.
On the other hand, drivers must not drive without reasonable consideration
for other road users, which rather rules out running over the said
jaywalker.
--
Richard J.
(to e-mail me, swap uk and yon in address)


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Old September 1st 03, 05:12 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Box Junction Penalty



"Richard J." wrote:


No, the logical conclusion is that by default there is no right of way for
one over the other in law. (Similarly there is no right of way for one
pedestrian over another pedestrian.) In extreme circumstances, a pedestrian
could probably be charged with obstructing the highway, but if he just
crosses the road in front of traffic, he is not AFAIK committing an offence.
On the other hand, drivers must not drive without reasonable consideration
for other road users, which rather rules out running over the said
jaywalker.
--
Richard J.
(to e-mail me, swap uk and yon in address)


I saw a case where someone was ****ed in the middle of the road, but the driver
who hit him still had to pay damages as he was in part responsible (20%) and
obviously the guy who was hit was 80% responsible.

Obviously if you can see you are going to injure someone you should take
precautions.

Kind regards

--
Benedict White


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