In New Jersey, a waving driver has the duty to exercise reasonable care.    Thorne v. Miller, 317 N.J. Super. 552 (Law Div. 1998). In Thorne, the Trial Judge held that if the operator of a motor vehicle gestures to a motorist to facilitate the movement of traffic, the waving driver is charged with the responsibility to do so with reasonable care, and may be subject to liability for foreseeable injuries if that duty is breached, causing damage.  Thorne at 561-62.  

The Appellate Division has discussed the holding in Thorne, with approval: “we are convinced the court in Thorne correctly found that a motorist has a duty to exercise reasonable care when gesturing to another motorist in order to facilitate the flow of traffic.” Fiorentino v. Landstar Ranger, Inc., 2017 N.J. Super. Unpub. LEXIS 391 (App. Div. 2017).   “Even the simplest gesture, such as a friendly waive by a motorist signaling another motorist to pull out in front of him, created a duty of care as it was reasonably foreseeable that the driver waved into traffic would rely on the gesture, and the risk of harm for any resulting accidents would be ‘serious’.” La Russa v. Four Points at Sheraton Hotel, 360 N.J. Super. 156 (App. Div. 2003). 

A recent case, Lopez v. Allstate, tried by Salomao Nascimento of Epstein Ostrove, LLC involved a waving driver who left the scene of the crash.  In that case, a third party struck Plaintiff’s vehicle after being waved forward into traffic. The third party relied upon the waving driver to enter the first lane of travel and continued to rely on the waving driver as he entered the right lane of travel where the impact with Plaintiff’s vehicle occurred.   Neither of the drivers involved in the crash were able to identify the waving driver.  The defense argued that the third party involved in the crash did not rely on the wave and that, even if he did rely on the wave, it was unreasonable for him to do so.   

The Trial resulted in a Jury award for the Plaintiff.  Epstein Ostrove proved to the Jury that the third party acted reasonably when he relied upon the waving driver and when deciding it was safe to proceed. 

If you are involved in a crash with a waving driver, there are several issues that arise that are important to consider. Property can be repaired or replaced, but injuries can be permanent.  If you are able, it’s helpful to document the crash by contacting the police to report the crash. When the police arrive, explain how the crash occurred and report any injuries that you sustained as a result of the crash.   In addition, if you can safely take pictures, it can be helpful to prove how the crash happened and show any damage to your vehicle.   In addition, if you’re injured, it’s important to get to a medical professional that can help you with your injuries.  Going to a medical professional can also help to document the injuries that you sustained as a result of the crash.  

The attorneys at Epstein Ostrove, LLC routinely handle complex automobile crash cases, including cases involving a waving driver.  If you are involved in a crash, please contact an attorney at Epstein Ostrove right away for help in protecting your rights

See How Epstein Ostrove, LLC Can Help You