Whose fault is it

UPDATED: Oct 1, 2022

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Whose fault is it

I will try to explain my situation as clearly as possible. I was waiting on 2- way turn lane, which is in the middle of the road, to turn left. There is running traffic on the left. Now a car comes in front of me and driver waited for 3-4 seconds. He has to merge in the running traffic. He waived at me to cross first. As I was waiting for traffic to clear, I responded him to go first. Without looking for the traffic he tried to merge and got hit by a car. For a few seconds he did not know what to do, and after that he started yelling at me that why I waved at him. Then he went to meet the other driver who hit his car. I saw that car was standing at some distance and waiting for him to come. There was no damage in my car so I left from there. I waved at him just to go first and not to merge immediately. Is there my fault in any way? I don’t know if he noted my number plate. What if he would have noted it? What could be the consequence if he give my number plate to police or insurance company? Should I had to wait there and explain the situation to other driver as well?

Asked on September 1, 2017 under General Practice, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not your fault: you do not have the legal authority or obligation to direct traffic and are not responsible for what happened if someone followed your "instructions"; unlike an officer, for example, you legally could *not* make him go then. He chose to go without looking; the only people liable are himself and/or the other driver who hit him (if the other driver was driving negligently or carelessly). You could be contacted a *witness* to what happened if they did get your plate, but that should be your only involvment.

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