So often it happens, you are driving in your car and reach an empass with another driver or pedestrian trying to cross the street. What do you do? You do what you’ve done thousands of times. You wave the other party to proceed. Have you ever thought, “What happens if this person gets into a car wreck or gets hit while crossing the street?” Probably not. After a recent Kansas Court of Appeals case, you can continue to be indifferent, at least legally that is.
A school bus driver in Wichita, Kansas was faced with this all too common issue. He wanted to make a left turn, but another car was blocking his path. He graciously waved the other party to proceed. Unfortunately, for him and the other driver, he did not see another car approaching. The other driver collided with an oncoming car killing its driver. In the subsequent wrongful death lawsuit, the decedent’s family claimed the bus driver (and the school district) were negligent for not checking the road before making the hand gesture. The court of appeals, however, held that the bus driver held no duty to other drivers when making a hand gesture.
– ksmolawyer
