• omw home I was going east on Whitechapel road on the cycle superhighway, at the start of brick lane a car is turning right from Whitechapel road towards brick lane, the car is just outside of the cycle lane and stopped, the car edges forwards a little but seems stopped so I carry on as I believe (this is the bit I'm questioning) it is my right of way, the car drives into the side of me knocking me off (hit my leg and sort whipped the rear end out), and the car then speeds off up Brick lane.

    Obviously the hit and run is not okay, but what I am questioning is whether it was in fact my right of way when I kept going? If anyone understands what I mean from this and can tell me I would be grateful.
    (I'm okay and bike seems okay, bit roadrashy and a white t-shirt is all bloody but hey)

  • Glad you're OK considering, it could have been much worse.

    I believe (this is the bit I'm questioning) it is my right of way

    Obviously the hit and run is not okay, but what I am questioning is whether it was in fact my right of way when I kept going? If anyone understands what I mean from this and can tell me I would be grateful.

    No, there's no 'right of way' in this and most other circumstances. It's quite a misleading concept:

    The rules in The Highway Code do not give you the right of way in any circumstance

    https://www.gov.uk/guidance/the-highway-code/general-rules-techniques-and-advice-for-all-drivers-and-riders-103-to-158

    What nickvonfiction cites is obviously sound advice, but it is not based on legislation. For comparison, look at Rule 178, as an example, which cites the relevant legislation:

    http://www.highwaycode.info/rule/178

    As the Highway Code stresses at the beginning, only rules that contain MUST and MUST NOT are legal requirements. Anything else is just advice (some of it to cyclists is of questionable quality).

    Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.

    http://www.highwaycode.info/highway-code/introduction

    Quite apart from whatever legislation might exist or be enacted in the future, if you're behind another vehicle that appears to be turning across you, just hold back. From what you say it seems that the driver saw you, checked him- or herself for a moment, and then made the same assumption as you, that they could go because you would not proceed. It would obviously have been more prudent on their part to wait, too, and it's entirely inexcusable that they then left the scene, but it's wiser not to take a chance like that without some clear communication between you.

    Hope there are no hidden injuries or bike problems!

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