Tom McCutheon
Q: I was sitting in traffic and left a gap between my car and the car in front of me. A car turned left in front of me and between the two cars and was immediately hit in the side by a car that was going to turn right from the turn lane beside me. The driver of the car that got hit claims that I was at fault for leaving a place for him to turn. He says I waved him through which I did not. Can he sue me for this?
Charlotte
Athens, AL
A: He can sue you but not successfully. This is what we call a “courtesy wreck.” They happen all the time. The law is that the driver of an automobile is not to proceed until they personally make sure that it is safe to proceed. A driver may not rely on the perceptions (or misperceptions) of others.
A person who proceeds through a gap in traffic crossing a lane of traffic which has the right of way does so at their own peril. If there is a wreck they are responsible for failing to keep a proper lookout and for failing to yield the right of way.
The law is clear on this point and I think that any suit filed would be unsuccessful. Nonetheless, don’t make a statement and don’t talk to other people about this experience without talking to your insurance company or your lawyer first. If you were my client, I would insist that you not make a statement and not talk to anyone about the incident including mothers, brothers, friends and Facebook.
The person who was traveling in the lane beside you has the right to sue the person who turned in front of them. They had the right of way and they should win their case. Don’t signal other drivers’ intentions and don’t wave other drivers through.
Buckle up and drive safely.
256-764-0112
2210 Helton Drive
Florence, AL 35630
