On any busy intersection and road, a friendly gesture as a wave can cause fatal accidents. It has everything to do with a driver waving at another driver across, which could be a primary cause of a car crash.
What is a Waving Accident?
This accident is common. Many drivers have probably encountered a scenario where two drivers approach the same intersection on the road. A well-intentioned driver may wave at the other vehicle to indicate that they may proceed.
Unfortunately, sometimes, this well-intentioned wave leads to a car accident. These accidents can often lead to a lot of questions about which driver is at fault and if the driver’s wave was enough to make them liable for the damages caused by the accident.
The Driver Waived Into Traffic
If you are that driver who was waved into traffic, the first instinct is to point the finger at the person who signaled it was safe for you to go. This instinct is normal, but it isn’t always right.
Generally, when a driver or passenger is in a position to see whether there are vehicles approaching he or she can be held responsible for a collision by signaling to another driver that it’s safe to pass when it is not.
Even if the person who signaled to you is responsible for the collision, you could still be held partially responsible for trusting a stranger on the road to wave you through without being able to see whether the lane was actually clear.
Comparative Negligence
Most states, including Florida, follow some version of comparative negligence, which means that you can be partially at fault in the accident and still recover compensation for at least some of your damages.
The Driver Waiving Another Car To Cross – “You Were Trying To Be Nice”
There’s a car traveling in the lane to your right that doesn’t see the turning car, and the turning car doesn’t see it.
So the driver making the left doesn’t see the car, turns in front of it, and gets t-boned.
You can’t be sued or held responsible for this accident, can you? You were just trying to be nice.
IF ANOTHER CAR COMES ALONG AND DRIVES AHEAD AFTER YOU WAVE A DRIVER ON, HITTING THE CAR YOU JUST WAVED INTO TRAFFIC, YOU COULD BE HELD PARTIALLY RESPONSIBLE FOR THE ACCIDENT.
When juries are looking at car accidents, they have to consider whether or not a defendant has any legal duty of care in a situation.
Duty of Care
Every time you get behind the wheel of your car, you have a duty of care to be a responsible driver.
If you wave another driver through, a jury may decide that you voluntarily took on some additional responsibility for another driver when you waved them into traffic.
Even if it goes against your instincts, and that driver has been waiting to turn for a while, don’t try to help them out by waving him or her into traffic.
If the roles are ever reversed, DON’T accept another driver’s wave as assurance that the way is really clear.
Joe Zarzaur is a Board Certified Civil Trial Lawyer whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.
If you’ve been the victim of an accident, it’s important that you don’t make any rash decisions. Put yourself in the best possible position to receive the justice you deserve. It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe, or by requesting a free case review through our website.
Sources:
https://www.jdsupra.com/legalnews/can-you-be-sued-if-you-wave-to-another-48524/