This means a good-mannered wave to another pedestrian, biker, or driver creates a duty of care to ensure the wave is not putting them into harm’s way. Continue reading to learn more about what this duty of care means, and how a polite wave to another pedestrian can hold you liable for subsequent accidents and injuries.
Be Careful Giving the “OK” to Pedestrians
When you are driving your car and see someone on foot or bike attempting to pass the street, it is unlawful to stop and allow them to go unless it is at a designated cross-walk. If you do, however, decide to stop and allow a pedestrian the right-away by means of friendly waving, you better be sure there isn’t traffic coming the other way that the pedestrian cannot see. If there is another car that drives by in the other lane, and it hits the pedestrian you waved through, you could be held liable for their injuries and losses.When you give a pedestrian the “right to cross” you are taking on a duty of care that the pedestrian will be safe at your gesture to cross the road. If you were to wave to a pedestrian to cross in front of your car, you need to be sure that the passage is safe for them in ALL lanes and on ALL sides. Otherwise, you are responsible for any accidents since you signaled that it was okay to cross. You would be blamed for allowing the pedestrian to cross the road and walk into ongoing traffic. This is especially applicable to child injuries and accidents since children trust adults for guidance and are not mature enough to properly gauge danger.
If you were involved in an accident that resulted from a friendly wave, it is vital to contact a personal injury attorney for legal representation. You may be entitled to compensation for your losses, by both the insurance company and the person who caused your injuries. For pedestrian injuries, retaining a licensed accident lawyer is your best opportunity at recovering the full and fair compensation you deserve.