We’ve all been there: waiting to enter several lanes of heavy traffic when another driver will recognize your plight, leave a space, and wave you into the lane. What happens when you cross the lane and are then struck by another car in the outside lane? Is the driver who left an opening and waved you into traffic liable?
Ultimately, the responsibility for a safe merge is yours and yours alone. The “waving driver” is not responsible for your own safety, and is not obligated to make sure that your path is clear. When entering a new lane of traffic, it is your responsibility to ensure that it is safe to do so. You should not cross several lanes of traffic unless you can clearly see that the lanes are clear of the hazards of approaching drivers. If you are struck by an approaching vehicle when entering a new lane of travel, you might be liable for failing to yield the right of way.
If another driver waves you into their lane, only enter that lane, and don’t cross into a new lane until you can verify that it is safe to do so. You should also always try to “pay it forward” and extend the same courtesy to another driver.
If you are unfortunately injured in a car accident through the fault of another driver, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto at 800-721-3553 for assistance.
