I’m sure you’ve been behind the wheel before and you’ve come to an intersection or you might be stuck in traffic and there is someone who is giving you the signal that it’s all clear even though you can’t actually see where you’re going. The tendency is that you want to listen to that person or follow their directions and take off.
We see these crashes from time to time and they raise a lot of interesting legal problems because typically the person who is being waved through is going to violate the rights of someone who has the right of way. These types of crashes happen frequently where there are two lanes blocked with traffic but the outside lane is clear and someone is waving another driver to cross the road ahead violating the driver in the far lane who is proceeding forward. These types of accidents can actually happen anywhere. We have a case now involving a nice lady who was riding her bicycle on the trail and there’s an argument that the vehicle who drove into her path was waved through by another person.
So, the question becomes twofold. Generally the vehicle violating the right of way is going to be at fault and they may then try and say that the person who waved them through also shares part of the blame. Florida has very specific laws on this topic. It’s possible that they can but many times the person waving someone through can’t be held responsible because they often times didn’t have a better view than the driver did.
If you have been involved in a crash like this that involved someone waving someone through traffic make sure you go to a lawyer who understands the law and someone who will work hard to protect your interests.