Recently, some citizens raised the above question since they were confused by the traffic accident analysis by which they were identified to be at fault, when their vehicle was hit by another vehicle while waiting at an intersection to make a left turn. Objections often include statements like: “I had already passed the center of the intersection” or “I was hit after I had already passed 3/4 of the intersection!” Does being first to pass the center of the intersection give you the right of way?
A taxi driver named Chang was heading east along Minzu West Road to the intersection with Chengde Road; he made a left turn and had already passed the center of the intersection where he saw Cai’s motorcycle on the opposite side of the same road heading straight towards him. He did not give way to the motorcycle but instead continued to make a left turn, resulting in a collision with Cai who was heading straight ahead. After the traffic accident analysis, it was determined that Chang the taxi driver bore the main responsibility for the accident. In similar cases, it is common for drivers of vehicles turning left to mistakenly think that “I was the first to reach the intersection and had already passed the center, so it was the other party that hit me.” According to the provisions under Article 102-1-7 of the Road Traffic Safety Rules: “At intersections, turning vehicles shall give way to vehicles heading straight ahead.” However, when the general public applies for traffic accident analysis, they will often claim that “it is obvious that I had reached the center of the intersection first to make a turn, the other party didn’t give way to me, so why should I be responsible for the incident and compensate the other party?”
The Department of Transportation points out that prior to 2006, Article 102-1-7 of the Road Traffic Safety Rules was in fact: “turning vehicles shall give way to vehicles heading straight ahead; however if the turning vehicle has reached the center of the intersection and has begun turning, the vehicle moving straight ahead shall give way to the turning vehicle.” Hence many people still had this concept, which is outdated. Also, the Department of Transportation found that according to the analysis on traffic incidents, driver negligence accounted for 98.4%, wherein “failing to give way according to regulations” made up 20%, which was the highest among other factors. Hence the Department of Transportation strongly upholds the principle that drivers must accept the right of way concept of “turning vehicles must give way to vehicles heading straight ahead”. Having reached the center of the intersection first does NOT mean having the right of way over the vehicle heading straight ahead.
In this particular case, the most important element is the concept of right of way: turning vehicles should give way to vehicles heading straight ahead! Take for example the Chengde-Minzu West intersection with traffic signal: besides following the traffic signals, how else can we make sure that a turning vehicle has indeed “given way” to vehicles moving straight ahead? One simple principle is: Turning vehicles should wait until there are no vehicles coming from the opposite direction or, the distance of the opposite incoming vehicles is still far away, before passing through. While waiting to make a turn, if the left turn waiting area has been marked on the road, then the vehicle should wait within the marked area. Do not stop in the way of oncoming vehicles to avoid being hit by the opposite vehicles moving straight ahead.
From this case, it can be seen that driving “courtesy” is not just an old fashioned cliché, but is in fact the highest order for ensuring traffic safety. Everyone using the roads should be courteous to each other, leave enough response time and space for others and not violate the rules. If a simple and small courteous gesture can avoid an accident, subsequent criminal responsibility and huge compensation, then why not make it? Be courteous when driving.