Help settle a theoretical traffic debate
August 14, 2012 8:11 AM Subscribe
Sometimes a driver of one car will "wave on" a driver of another car. Could the waving driver be held liable for a resulting accident?
posted by azathoth to Law & Government (23 answers total) 5 users marked this as a favorite
Help settle a traffic debate. In some situations a driver might yield the right of way to another driver, and they might wave to indicate that it is OK to proceed. For example, a lane of cars is stopped or slowed by a red light. Another car is on a side street or parking lot exit and needs to pass through this line of cars and into the other lane to make a left.
Suppose a driver in the first lane leaves space for the other car to pass through, and waves at the other car to go. The other car goes, and immediately gets hit by a car going the other direction (away from the light). Could the driver who performed the wave be liable? I think no, since it is the other drivers responsibilty to make sure it is safe to proceed, despite any other cars yielding to them. A friend disagrees. Does anyone have any input, since this seems difficult to search for in the traffic code?
If it matters, we're discussing New York state, but info on any other state law would be interesting to hear.