DON’T RELY ON A “WAVE” OR “GESTURE” FROM ANOTHER MOTORIST TO GO!
You can probably recall at time where you were waiting to turn left, across oncoming traffic, to enter a parking lot or another street. Sometimes your view is obstructed and another motorist “waves” or “gestures” you to go ahead.
Be careful and ensure for yourself that it is safe for you to proceed.
In Hodgson v. Saeed, 2015 BCSC 147, the plaintiff was travelling south on 160th Street when the defendant came out suddenly from a stop sign at Croydon Drive to turn left onto 160th Street striking the plaintiff’s vehicle.
At trial, the defendant said that while his view was obstructed, a driver on the other side of the road had gestured for him to go ahead and make his turn. He relied on that gesture and proceeded with his turn.
In finding the defendant 100% at fault for the accident, the Court stated that the actin in driving forward without a clear view, based on the gesture of another motorist, is negligent and underscores that such gestures should be ignored. The focus of the driver should be on one’s own safety and the safety of others, and a driver should never rely upon another’s gesture to presume it is safe to leave a stop sign.
If you’ve been injured in a car accident, contact Sharene Orstad at (604) 534-6361 or firstname.lastname@example.org.