You can probably recall a time where you were waiting to turn left, across oncoming traffic, to either enter a parking lot or another street. Sometimes, your view is obstructed and another motorist “waves” or “gestures” for you to go ahead. The Courts have been clear that reliance on another motorist’s “wave” or “gesture” will not absolve your responsibility should an accident occur.
In Hodgson v Saeed, 2015 BCSC 147, the plaintiff was travelling southbound on 160th Street when the defendant came out suddenly from behind the stop sign on Croydon Drive onto 160th Street. The Plaintiff could not stop, resulting in an immediate collision. 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 the action in driving forward without a clear view, based on the gesture of the other motorist, was negligent and underscores that such gestures from other motorist should be ignored. The focus of the driver should be on one’s own safety and the safety of others. 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 motor vehicle accident, please contact a lawyer at DBM Lawyers for more information.