Excerpt from: Motorcycle Lawyer
|
 |
| February 04, 2008 | | No Duty Found to Wave Someone Through Carefully | A Los Angeles Appellate Court split with other states that allow a motorist to sue someone who negligently waves a car through at an intersection.
In this instance, Daniel Gilmer, a motorcyclist, came up to Lincoln and Nelrose, just as the driver of a car waved an oncoming left hand turner (on a cell phone, naturally) through the intersection. Gilmer sued the car that hit him, but also the driver that waved it through.
Remember, in California we consider the percentage of negligence of everyone who contributes to the accident. Then the damages are divided up, depending on those percentages.
Here, the negligent motorist was found NOT negligent as a matter of law. The court said that there is no duty to make sure the way is clear before waving someone through. Tough luck that the motorcycle happened to be oncoming as the car made its turn.
Over the years, there have been a number of cases that found negligence and responsibility where someone makes this mistake. If this case holds up, that will change things from here on out.
I agree that the left hand turning car has a duty to make certain the way is clear, but the reality is that someone making that maneuver is almost always going to consider that the oncoming motorist has waived them through. Particularly given the reality of busy and backed up intersections, I think the court is just plain wrong.
| | |
|
|
