Legal Question in Traffic Law in Arizona

Driver's right to rely on another driver who is motioning to go

I was turning left into a mall. I had to cross two lanes of on-coming traffic. There was a car facing me, stopped in the lane of on-coming traffic that was closest to me. I couldn't see if anything was coming down the far lane. The driver across from me motioned for me to turn in front of him. I did. As a result, I was hit by a car traveling in that lane. The man who ''waved me on'' gave a statement to the police indicating his action. I was cited for ''failure to yield while making a left turn.'' Is the liability of the accident with me or him? Are there any cases that establish the liability one way or another?


Asked on 1/26/01, 9:35 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Driver's right to rely on another driver who is motioning to go

The ultimate responsibility for making right-of-way decisions is that of the operator, you in this case. The man who signaled it was OK was in part negligent, also.

If there is a civil claim against you the other driver who signaled should be included to the extent of his negligence.

The citation is properly issued against you only.

Read more
Answered on 3/09/01, 10:59 am


Related Questions & Answers

More Traffic Law questions and answers in Arizona