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vedantbmisra

Hello Sir,
I would like to know for how long you are allowed to drive on a flush median before turning right. My question arises from a collision I had with another car while I was turning right from a driveway onto the other side of the road.
The accident occurred at the exit of countdown located at Lincoln Road and I was using the exit that was opening up on the Universal Drive to make a right turn to go towards Central Park Drive.

I was indicating a right turn across a lane to reach the other side of the road. The cars on the only lane going straight were stopped for lights 100 metres up the road and queued past the driveway, however a gap had been left for me. The car in the lane stopped to let me proceed. I then drove into this gap and onto the flush median to check for cars on my left, but was hit by a car driving on the flush median from my right.
The traffic regulations say that you cannot overtake on a flush median and the road code says that you may only use a flush median to slow down to wait to turn right
This car entered the flush median 90 to 95 metres before his intended right turn and was accelerating, rather that slowing down to turn right and had already overtaken 4 cars before hitting me, meaning he was still 60 metres away from his turn.

In this case, am I liable because I was turning right across traffic? Or him for overtaking on the flush median while not intending to slow and to turn right immediately.
Thanks & Regards

Anon

Hi there,
As mentioned in the previous question.
Flush medians are intended for use for a short period (exact distance not specified) of time for entering or leaving a roadway. They are not to be used as overtaking lanes (except for short distances just before the turn or when preparing to turn right and other traffic is occupying the adjacent lane).
However those wishing to use a flush median must ensure the way is clear of those already on the median, as the median can be used in either direction.
In any situation- road rules would need to apply to all motorists concerned. The give way rule is such that if a vehicle is crossing the path/flow of traffic they must give way to those already travelling on that road. This would also apply to the flush median- with extra care to be taken if visibility is reduced. Someone using the median incorrectly may receive an infringement of stopped by an enforcement officer, but they may not be found liable for the accident. Basically it might be said you were liable because you pulled out into the path of an oncoming vehicle.