What happens when another driver signals that you can go and after you do you are involved in an accident?

Posted by Richard P. Hastings | Mar 27, 2020 | 0 Comments

We are sometimes contacted by individuals who are waiting to enter traffic, and another motorist signals that it is safe for the driver to enter the roadway and waives them on. The individual then enters the roadway, based upon the gesture of the other driver that it is safe to enter the roadway, and is then struck by another vehicle and is injured. Can this individual collect money damages as a result of the actions of the other driver?

In one Superior Court case, an individual was about to make a left-hand turn when a vehicle driving in the far left lane waved this driver on to cross in front of his vehicle when he was struck by a vehicle driving in the far right-hand lane. The injured plaintiff sued her own insurance company for uninsured/underinsured motor vehicle coverage, alleging that the unidentified motorist signal indicated that it was safe for the plaintiff to execute her left-hand turn, which she did so to her harm and detriment.

The Superior Court judge, in her memorandum of decision for the defendant's motion to strike, indicated: the essential elements of a cause of action in negligence are well-established: duty, breach of duty, causation, and actual injury, citing the Connecticut Supreme Court case of Murdoch v. Croughwell.

In the case before the court, the plaintiff alleged that the unidentified motorist owed the plaintiff a legal duty as a result of the unidentified motorist stopping its vehicle to allow the plaintiff to complete her left-hand turn and failed to take steps to prevent the plaintiff from entering the road and therefore was the proximate cause of the plaintiff's accident because the plaintiff relied upon the unidentified motorist signal to her detriment.

The court, in this case, held, in general, there is no duty to aid or to protect third persons. The court indicated that there was no allegation in the plaintiff's complaint of a special relationship between the plaintiff and the unidentified motorist based upon their status as driver and passenger, or that the plaintiff was in the unidentified motorist's custody or control, which would give rise to a duty on the part of the unknown driver to aid the plaintiff to ensure that it was safe for her to complete the left-hand turn.

It is important that if you are involved in an accident, that you contact an experienced Connecticut personal injury attorney at the earliest possible moment because there could be issues in your case that will give rise to matters that need to be investigated immediately to protect your rights and help to maximize the value of your case.

Our Connecticut injury lawyers take these cases on a contingency fee basis. We also advance the costs to develop your case. We are only paid our costs and fees if we recover money damages for you. If there is no recovery, there will be no costs and no legal fees. We take all of the risks so you can concentrate on what is most important, which is getting better as quickly as possible.

Contact us today to see how we can assist you with your important Connecticut injury case.

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Sample

Aenean lacinia bibendum nulla sed consectetur. Donec sed odio dui. Maecenas sed diam eget risus varius blandit sit amet non magna. Nulla vitae elit libero, a pharetra augue. Curabitur blandit tempus porttitor. Morbi leo risus, porta ac consectetur ac, vestibulum at eros. Cras justo odio, dapibus ac facilisis in, egestas.

Let Us Fight for You

Local Presence. Statewide Coverage.

When you choose Hastings, Cohan & Walsh, LLP you will receive the one-on-one attention and individualized support that you deserve. Our Connecticut personal injury attorneys will not treat you as just another case number nor will we hand your case off to a paralegal.

Unlike other law firms, we will personally handle each legal aspect of your case, walking with you every step of the way. We aim to provide the highest quality representation possible. We have extensive experience and training in a variety of aspects of personal injury law. We obtain the knowledge and skill-set necessary to maximize your compensation.

Menu