well, that is an expensive wave! but in fact, it still should be the drivers responsibility! wonder, if the wave was given by a policeman, would he have to pay 1/2 the payment? um..um.. if anything, he’d be responsible for 10 – 25%. the driver is totally responsible for driving the vehicle. he needs to be aware of all situations. don’t always take someone’s word or actions. case in point, does eveyone believe everything they read over the www? if you ask two people about a story they read, you probably would get two different versions. so, it’s the responsibility of the writer to put all the correct information. same goes w/the driver of the vehicle. next thing you will know, they will start charging passengers as part of the accident. so what if it was the passenger who waived him through? would you have charged the passenger and in turn charged the driver? um..um… what happened to being sole responsible? have we started charging the bar tender for serving the drink to allow that driver to drink and drive? or are we not making it the responsibility of the driver!? this is nuts!
Sometimes I get rude looks for not letting someone pull out, but I’ve heard of too many of these accidents and will not take the chance. Sorry people!! It is for your own good.
I do think both drivers should be responsible in this case. Even if someone lets you out you still need to look. With a big truck it can be harder to see though.
No good deed goes unpunished, I guess. But, there has to be something else to this story. Was the trucker blocking the car’s view? It is still the car’s responsibility to make sure “all is clear. Maybe logic does not work here.
Just about a month ago I was given “the wave” to proceed across a road where construction workers were doing some work
(OK, they weren’t working…..3 are leaning on shovels looking at the 4th in a pit) while he is holding a “stop/slow” sign, with the “stop” side of the sign facing my direction. I was going….the other car was going….we both stopped and gave the construction worker he**……I’ll never pay attention to another “waver” if my life depended on it! (By the way, he was waving at BOTH of us to go, while looking to see what the other 3 guys were looking at in the pit). Driver Beware!! :)
50% on the waver seems excessive. Over the years I have gone after the waver on contribution and/or subro claims. Won some lost some. Personally, I’ve thought of the waver as 50% negligent. Nor would I be comfortable seeking that much, 15% to 20% max. In Inter-company Arbitration I have rec’d 15% max. This guy got screwed big time.
Ths short article says nothing about the rider. Was he totally free of any negligence? Could/Did he make any attempt to avoid being hit? (Silly question perhaps.) But 50%? Phew! Did the waver really contribute that much? I agree with the comments that it’s still the vehicle driver’s responsibility. (What if the waver is a little wise a** thinking he’s cool and having “fun”? Driver beware.
Yeah, but it obviously cuts both ways. If you are going to wave somebody in and you are negligent about it, then you should have to take responsibility for your behavior, too. If not for your behavior, the accident would not have happened. You can’t just say that the driver of the car has to show personal responsibility, but not the person who’s waving. People who wave you in w/out thinking are a menace, and that kind of behavior should be discouraged, too. Deterrence is a big part of tort law. We should be discouraging both forms of irresponsible behavior.
I have waved people in after checking traffic only to have them think about it and by the time they go it is too late. but they aren’t looking at me when I am trying to get them to stop. Does that still make me 50% at fault when they can’t drive?
Wow!, I need to stay much more alert I realized after allowing another driver to enter our line of waiting traffic – for the second time no less.
What was I thinking?? I really gotta stop that and be like most of the other inconsiderate drivers who must beat, and then wait for, me at the next red light.
Did anyone distinguish between stopping your car and allowing someone to move through, versus specifically WAVING someone through? Would the liability be different for each? Any thoughts?
This is why I just give everyone the finger instead of waving (my sincerest apologies to all the school bus drivers and nuns I may have offended in the past). Nobody ever misinterprets that.
Actually here in Orange County, CA the Angels pitcher was recently killed by a drunk and they are trying to find out if the drunk driver was served drinks at a bar. Here in Cali, a bar can be fined and/or lose their license for serving someone who is obviously intoxicated. I think it is impossible to keep up with all patrons for a bartender, especially in a club environment or if their buddies are buying the drinks.
well, that is an expensive wave! but in fact, it still should be the drivers responsibility! wonder, if the wave was given by a policeman, would he have to pay 1/2 the payment? um..um.. if anything, he’d be responsible for 10 – 25%. the driver is totally responsible for driving the vehicle. he needs to be aware of all situations. don’t always take someone’s word or actions. case in point, does eveyone believe everything they read over the www? if you ask two people about a story they read, you probably would get two different versions. so, it’s the responsibility of the writer to put all the correct information. same goes w/the driver of the vehicle. next thing you will know, they will start charging passengers as part of the accident. so what if it was the passenger who waived him through? would you have charged the passenger and in turn charged the driver? um..um… what happened to being sole responsible? have we started charging the bar tender for serving the drink to allow that driver to drink and drive? or are we not making it the responsibility of the driver!? this is nuts!
Hey, next time I’m in Jersey and another driver waves me off a cliff I’m going! Why not, I have no personal responsibility.
Thats why I never let anyone in.
David Carhuamacca make-a mess!
Sometimes I get rude looks for not letting someone pull out, but I’ve heard of too many of these accidents and will not take the chance. Sorry people!! It is for your own good.
I do think both drivers should be responsible in this case. Even if someone lets you out you still need to look. With a big truck it can be harder to see though.
at a donut store lot?!?! Get out!
No good deed goes unpunished, I guess. But, there has to be something else to this story. Was the trucker blocking the car’s view? It is still the car’s responsibility to make sure “all is clear. Maybe logic does not work here.
that do this?
Just about a month ago I was given “the wave” to proceed across a road where construction workers were doing some work
(OK, they weren’t working…..3 are leaning on shovels looking at the 4th in a pit) while he is holding a “stop/slow” sign, with the “stop” side of the sign facing my direction. I was going….the other car was going….we both stopped and gave the construction worker he**……I’ll never pay attention to another “waver” if my life depended on it! (By the way, he was waving at BOTH of us to go, while looking to see what the other 3 guys were looking at in the pit). Driver Beware!! :)
50% on the waver seems excessive. Over the years I have gone after the waver on contribution and/or subro claims. Won some lost some. Personally, I’ve thought of the waver as 50% negligent. Nor would I be comfortable seeking that much, 15% to 20% max. In Inter-company Arbitration I have rec’d 15% max. This guy got screwed big time.
Ths short article says nothing about the rider. Was he totally free of any negligence? Could/Did he make any attempt to avoid being hit? (Silly question perhaps.) But 50%? Phew! Did the waver really contribute that much? I agree with the comments that it’s still the vehicle driver’s responsibility. (What if the waver is a little wise a** thinking he’s cool and having “fun”? Driver beware.
Yeah, but it obviously cuts both ways. If you are going to wave somebody in and you are negligent about it, then you should have to take responsibility for your behavior, too. If not for your behavior, the accident would not have happened. You can’t just say that the driver of the car has to show personal responsibility, but not the person who’s waving. People who wave you in w/out thinking are a menace, and that kind of behavior should be discouraged, too. Deterrence is a big part of tort law. We should be discouraging both forms of irresponsible behavior.
I do not disagree with you.
I just disgaree with the 50%: seems too high However, your point is causing me to get more comfortable with it.
Take the word of a total stranger??? What planet is that guy from???
(Oh, right, “Thurman Baker of Neptune”)
I have waved people in after checking traffic only to have them think about it and by the time they go it is too late. but they aren’t looking at me when I am trying to get them to stop. Does that still make me 50% at fault when they can’t drive?
Wow!, I need to stay much more alert I realized after allowing another driver to enter our line of waiting traffic – for the second time no less.
What was I thinking?? I really gotta stop that and be like most of the other inconsiderate drivers who must beat, and then wait for, me at the next red light.
Did anyone distinguish between stopping your car and allowing someone to move through, versus specifically WAVING someone through? Would the liability be different for each? Any thoughts?
This is why I just give everyone the finger instead of waving (my sincerest apologies to all the school bus drivers and nuns I may have offended in the past). Nobody ever misinterprets that.
Actually here in Orange County, CA the Angels pitcher was recently killed by a drunk and they are trying to find out if the drunk driver was served drinks at a bar. Here in Cali, a bar can be fined and/or lose their license for serving someone who is obviously intoxicated. I think it is impossible to keep up with all patrons for a bartender, especially in a club environment or if their buddies are buying the drinks.
What if he gave the classic New Jersey “ONE FINGER WAIVE” what would that have given him? This country’s a mess!
The one with the most liability coverage is responsible in this claim. Just ask the lawyers!