Giving way to pedestrians always seems to be a contentious point of conversation when it comes to Australian road laws and the topic brings up a lot of questions. When do pedestrians have right of way? Do cars have to give way to pedestrians on driveways? Do pedestrians have right of way when crossing at an intersection during a red flashing man? Show
We all share the goal of keeping everyone safe on and around our roads, but with laws always changing and years continuing to pass since you were actually tested on any road rules, we thought it was time to give you a quick refresh! Let’s start with the basics and define what it means to give way. Basically, if you’re in a position where you must give the right of way to another car or a pedestrian that has stopped, you must remain stationary in a safe position until the road is clear for you to continue. In a situation where you must give way to a moving pedestrian or vehicle, you must slow down, or stop where necessary, to avoid a collision.  Here’s how to give way to pedestrians.Giving way to pedestrians when turningWhen you’re turning at an intersection, you must always give way to pedestrians that are crossing the road you’re turning into. For example, if you’re turning right onto a road where a pedestrian is beginning to cross, you must wait in a safe position, whether that’s in the right-hand lane of the road you are turning off, or safely past the intersection on the road you are turning onto, until the pedestrian has finished crossing. Before you turn, look out for pedestrians so you can remain in the safest position possible. Beginning to turn before checking and getting caught in the middle of an intersection is a recipe for disaster! Giving way to pedestrians at a roundaboutRoundabouts can cause some serious confusion for both drivers and pedestrians. Contrary to when turning a corner, you’re not required to give way to pedestrians crossing the road when you’re turning left, right or going straight through a roundabout. However, we urge you to use common sense and keep an eye out anyway! Giving way to pedestrians on footpaths and drivewaysYou must always give way to people who are crossing a driveway or walking on a footpath that you’re wanting to cross in your vehicle. You should stop and remain stationary and wait until any pedestrians at or approaching the driveway have finished crossing. In other words, take it slow and always look left and right before pulling out of your driveway or turning into one. Giving way to pedestrians at pedestrian crossingsIt’s the law across all states and territories of Australia to give way to pedestrians crossing at designated pedestrian crossings. These are indicated by white stripes across the road and signs positioned before the crossing. If there’s a dividing strip in the middle of the pedestrian crossing, you must remain stationary until the pedestrian has passed that middle point. If there’s no dividing strip, you have to remain stopped until the pedestrian has fully crossed the crossing and reached the footpath at the other side of the road. Our tip: When you’re approaching a pedestrian crossing, always look out for people who may be heading to the crossing and prepare to stop for them whether they’re at the crossing or not. People can behave unpredictably when at pedestrian crossings so it’s always safest to approach slowly. Do bike riders have to give way to pedestrians?Yes! Just like cars on the road, bike riders are considered to be using a vehicle and face heavy fines for not obeying the road rules. These include always giving way to pedestrians on roundabouts, giving way to pedestrians on shared footpaths, and giving way to people crossing roads you are turning into. With all of this extra info, we’re confident you’ll be able to take to the roads safely however, there’s one thing we still need to make clear. In any situation, no matter whether you technically have the right of way, it’s the law that you must slow down or stop in order to avoid collision with a pedestrian. It’s up to you as the driver to ensure you’re creating a safe environment. Always be vigilant and drive with caution! Pedestrians make up the largest group of road users. Whether it’s walking to school or work, at some time or another everyone is a pedestrian. Pedestrians can be some of society’s most vulnerable, including children and the elderly, which is why it’s important to build awareness around pedestrian safety. In 2020 alone, there were 138 pedestrians killed in road accidents, according to Road Safety. This is too many. Pedestrian responsibilitiesPedestrians are classified as those that are on foot, push a bicycle or travel on wheeled devices such as skateboards, wheelchairs and motorised mobility devices. Below we cover a few pedestrian responsibilities and rules that need to be followed to help to keep all road users are safe. What are the pedestrian crossing road rules?When crossing a road, a pedestrian must:
What are the rules at pedestrian crossings with lights?If the pedestrian lights show a red pedestrian light and the pedestrian has not already started crossing the intersection or road, the pedestrian must not start to cross until the pedestrian lights change to green. What are the rules for pedestrians on the road?When walking on the road, a pedestrian must not cause a traffic hazard or obstruction by:
A pedestrian must not travel along a road if there is a footpath or nature strip adjacent to the road, unless it is impracticable to travel on the footpath or nature strip. Do pedestrians have right of way in Australia?It’s not just pedestrians who need to adhere to crossing rules; there are rules for drivers as well. This includes a little-known rule that drivers must give way to pedestrians crossing the road into which their vehicles are turning. In other words, drivers must keep a proper look out and give way to pedestrians if there is a danger of collision, even when there is no marked pedestrian crossing. This law giving pedestrians rights applies whether or not there are traffic lights, stop signs or give way signs. If you have been injured as a pedestrian while crossing a road without looking, while distracted, or drunk, this doesn’t necessarily prevent you from receiving compensation for your injuries. We encourage you to still speak to one of our motor vehicle claim experts to determine your legal rights and potential entitlements. Distracted walking or “Zombie” walkersWith the arrival of smartphones, we have seen the rise of “zombie” walkers – pedestrians who are engrossed in their devices rather than what’s going on around them. Just like driving, pedestrians need to be aware of their surroundings, especially when crossing the road. A pedestrian walking blindly into the path of oncoming cars can have devastating consequences. Our tip: Try to avoid looking at your phone while you’re walking, especially near roads. If you do need to look at it, make sure you stop and move out of the way of drivers and other pedestrians. Stay alert. Intoxicated pedestriansWe all know the dangers of driving after drinking alcohol, but walking home along a road whilst intoxicated can also be dangerous. Drinking can reduce your capacity for balance and dull your awareness of your surroundings – a dangerous combination when near traffic. Our tip: If you are going out and planning to drink alcohol, you should have a plan of how to get home safely. Either take a taxi or rideshare service or, if you’re determined to walk, make sure you have someone sober to accompany you. Injured on the road? Contact Shine LawyersIf you or a loved one have been involved in an accident caused by a car, motorcycle, bus, train or tram, our team of Pedestrian Compensation Claim Experts may be able to help. Sometimes it can be unclear whether the driver or pedestrian are at fault which is why it is important to seek legal advice about your circumstances and prospect of success in bringing a claim. Our experienced legal team have helped thousands of clients make compensation claims on a No Win No Fee basis*. Using our claim check tool below, you can determine whether you are eligible to claim, for free, either online or with the help of our team members. *Conditions Apply Written by Shine Lawyers. Last modified: September 23, 2021. Does a pedestrian have right of way on the road?Drivers and riders should give way to pedestrians waiting to cross and MUST give way to pedestrians on a zebra crossing (see Rule H2). Keep looking both ways, and listening, in case a driver or rider has not seen you and attempts to overtake a vehicle that has stopped.
Do pedestrians have the right of way 2022?The 2022 Highway Code says that if pedestrians have started crossing the road and drivers want to turn into the road, pedestrians crossing have priority, and the traffic should give way to them.
Who has the right of way in Australia?At an unsigned crossroad, you must give way to all vehicles approaching from your right. But if you want to turn right, you must give way to all oncoming vehicles too. If you're driving on a road that ends in a T-intersection, you must give way to all vehicles on the continuing road.
Do pedestrians have right of way in Qld?When driving or riding in Queensland, you must: give way to pedestrians on or entering children's, pedestrian or marked foot crossings. give way to pedestrians on or entering a road you're turning into.
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Do pedestrians have right of way in Australia?
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