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Can I Be Sued if I Wave Another Driver in Front of Me?

Traffic regulations are carefully designed by those with experience in understanding terrain, vehicle performance, and ergonomics.  They serve to minimize congestion and maximize safety.  When someone waves another motorist on in traffic, it can interfere with the carefully considered traffic flow design and signage.  Waving another driver on through traffic gives the impression that it is safe to proceed.  However, this may not necessarily be the case.

If you wave another driver on, you can be exposing yourself to liability if they proceed and get involved in a car accident.  The implications for that liability will vary by state depending on the laws governing car insurance.  In Pennsylvania, car insurance laws apply a modified comparative fault standard.  The impact of this is that insurance companies and courts will consider fault of the various drivers involved in the collision.

In applying the modified comparative fault standard, courts will ask a jury to decide, based on the evidence:

  • The total dollar amount of plaintiff’s damages
  • The percent of fault of each party

An award will be determined by reducing the plaintiff’s damages by a percentage equal to his or her share of fault.  The modified aspect of comparative fault means that a party that has been found to have been more than 50 percent responsible will not be entitled to recover for any damages.

There are nuances to consider when evaluating liability.  For example, an option is available to choose no-fault personal injury coverage.  For these policies, injured parties are expected to seek compensation first from their own insurance coverage for the cost of medical bills, lost income, and other out-of-pocket losses related to the accident regardless of fault.  This option limits claims against at-fault drivers as well.

Waving someone through may seem like a nice and harmless thing to do.  However, considering the risk involved, it is best not to wave anyone through traffic. A better approach would be to allow a gap in front of you that would allow access but avoid waving another driver on or even making eye contact.  In this way, liability cannot shift, as each driver remains responsible for their controlling their own vehicle.

How Is Waving Someone Through Analyzed?

Courts have considered cases in which one driver waved another through who was then involved in an accident.  Courts review what evidence is available that shows the relative position of the drivers and other vehicles nearby.  Evidence can be witness statements, tread marks, vehicular damage, and the like. It is important in cases of this kind for the necessary evidence to be gathered and evaluated correctly.

A driver who was waved through and proceeds, even though he or she could see that the motorist waving on was unable to determine if there were other vehicles in the way, is not likely to prevail.  A driver who was waved through and proceeds, when it appeared as if the driver waving them through had a clear view of the traffic conditions, is more likely to prevail.

Delaware County Car Accident Lawyers at the Law Office of Deborah M. Truscello Advocate for Clients Involved in Car Accidents

If you have been involved in a car accident, reach out to the Delaware County car accident lawyers at the Law Office of Deborah M. Truscello.  Our experienced legal team will explain your rights and advise on how to proceed to receive the compensation to which you are entitled. Learn more at a free consultation by filling out an online registration form or calling (610) 892-4940. Our office is in Media, Pennsylvania. We represent clients in Media, Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, West Chester, and throughout Pennsylvania.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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Why Clients Choose Deborah

Heather A
I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
Daveen Carpenter
Deborah's team went above and beyond to get my case settled quickly. I am forever grateful
Rebecca Porter
If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
Jackson Jones
Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
Andrew Kriegh
Amazing law firm, they have helped me so much and enlightened me to the options I have, and to the right doctors who are still treating my issues... Very professional and very great people glad to have her in my team!!

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