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In many places, it's against traffic laws to give away the right-of-way, to someone who is not entitled to it. I was standing on a curb during rush-hour on a busy 4-lane street this evening. A driver pulled up to a stop sign on the side street next to me, signaling to cross the busy street and turn left into it.
The driver in the outside lane coming from the left, stopped to allow the turning driver to cross in front. The turning driver immediately gunned his car and shot partway across the intersection. But the fast-moving cars on the inside lane, coming from the left, couldn't see the turning car and its driver couldn't see them, because of the cars in the stopped outside lane.
Fortunately, the drivers of the first car coming on the inside and the turning car, both saw each other in time, hit their brakes hard and screeched to a halt. They just barely missed what might have been a serious and injurious collision. If the driver in the right lane had not improperly given the right-of-way to the turning driver, this potential tragedy wouldn't have happened. And if the turning driver had showed more sense and realized that cars might be coming on the inside, it wouldn't have occurred.
If someone ever tries to give you the right-of-way like this, you should refuse it. This applies also to pedestrians wanting to cross a four-lane street. If an outside lane car stops and motions you to cross, you might be mowed-down by an inside lane car that doesn't see what you're doing and charges past the stopped outside lane car.
When I first saw what might happen this evening, my survival instincts immediately kicked-in. That fast-moving car might have knocked the turning car clear across the intersection and nailed me. But in an instant, I was turned sideways and already taking a first sprinting step, to get out of the danger zone. Just a couple of quick steps and a dive, might make the difference in survival.
I recommend that all pedestrians and bike riders avoid busy intersections during rush hour, whenever possible. There are bus stops on both sides of this intersection. Bus riders who need to cross during heavy traffic, are on their own and face great danger. Just sitting on a bus stop seat, next to a busy street is dangerous. A young woman was killed at such a place locally, by a careless driver who veered several feet off to the side. Her mother was standing two feet behind her and was unhurt.
This is not really a great example. You’ve put the blame on the wrong driver. The one trying to turn from the side street would have been responsible for the accident. If someone stops for you, that doesn’t take away your responsibility to make sure the turn can be made safely. In other words, one person giving you the right-of-way does not actually give you the right-of-way.
What you have described does happen often so perhaps I am wrong and it is a good example. One I see more is when you wait to turn left and the driver going in the opposite direction, or turning right, stops to let you go first even though they have the right-of-way.
This is not really a great example. You’ve put the blame on the wrong driver. The one trying to turn from the side street would have been responsible for the accident. If someone stops for you, that doesn’t take away your responsibility to make sure the turn can be made safely. In other words, one person giving you the right-of-way does not actually give you the right-of-way.
What you have described does happen often so perhaps I am wrong and it is a good example. One I see more is when you wait to turn left and the driver going in the opposite direction, or turning right, stops to let you go first even though they have the right-of-way.
A couple of years ago I was in just such an accident on a busy street--cars in TWO lanes stopped and were waving me on to make a left turn, and when I went ahead, a car in the third lane (I couldn't even see that there was a third lane) came zooming through and we collided.
Fortunately no one was hurt. I was deemed 80% at fault for failing to yield right-of-way, and the other driver 20% for driving at an unsafe speed for conditions (all the cars up ahead of her were stopped for a red light).
But I definitely learned my lesson. Don't try to give me the right-of-way when it isn't mine; I don't want it.
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If someone ever tries to give you the right-of-way like this, you should refuse it. This applies also to pedestrians wanting to cross a four-lane street. If an outside lane car stops and motions you to cross, you might be mowed-down by an inside lane car that doesn't see what you're doing and charges past the stopped outside lane car.
This exact scenario happened in Boston about 20 years ago. Arlington Street (southbound one-way, three travel lanes). Pedestrian jaywalking against the red at T-intersection of Commonwealth Avenue to the path into the Public Garden.
Closest lane to the pedestrian was a commercial driver, who stopped and motioned the pedestrian to cross in front of his van. She then continued across the remaining lanes, and was struck and killed by a driver travelling legally in the inside lane.
Her estate sued the van driver and prevailed, as per the legal standard noted in the OP. The van driver endangered her by signalling her to continue to cross against the right of way.
Accidents happen when someone does something out of the ordinary or not expected like stopping to wave someone in.
Around my area drivers for the most part are courteous sometimes to much like when they make a dead stop on the road to let a car out. It drives me crazy to have to stop for such a bozo especially when I look in my rear view and there is no one back there meaning that if traffic was allowed to flow as it should the car trying to make a left turn onto the main road could have easily done so after we passed.
Another one that bugs me is when someone turns into a parking lot and stops with the tail end of their vehicle still in the road while the passengers talk about where they should park. If you are pulling off the road it is expected that you complete your maneuver.
People just need to follow the rules of the road and avoid doing something unexpected and we would have a lot less accidents. Oh yeah and please use your indicators.
In addition to the people that wave you thru to an accident I'll add the people whom are backing out at a parking lot and you *think* they see you but they might just be distracted...but they don't move and their back-up lights remain on. If you're going to do that, put your car back in park so we don't have to guess if you just got a call and are going to take us out if we go behind your vehicle.
i never accept the right of way given by someone else who has it, except when at a red light and they are letting me into traffic from a parking lot, and even then i avoid it.
This is not about relinquishing the right of way. This is about depending upon someone else to do YOUR job as a driver or pedestrian, which is to make sure that the entire way is clear for you to go ahead. I would NEVER make a move where I have to rely on the other driver to tell me that the way is clear. I would gesture for them to go ahead on their way, and wait until I could see that the entire way is clear for me to make my move.
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