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In June, 2006, a crash occurred when a truck driver named David Carhuamacca waved another vehicle, driven by Thurman Baker, onto the highway. As that vehicle was crossing, it collided with a motorcyclist who sufferred a concussion, arm injury, and cracked many teeth. While the truck driver later denied that he waved the car in, the police officer testified he told a different story at the crash scene.

A verdict of $1.5 million in damages was obtained in this case. While in most states this might reflect negligent conduct, based on common law, this case reflects a state law provision in New Jersey which holds drivers responsible for negligently waving a vehicle into traffic. In addition, this case nicely shows why it is important to talk to the police officer in personal injury cases – they may well remember the Defendant saying something different than what they do during depositions or at trial.

One Comment

  1. Gravatar for Ray Cruddas

    WAIT - When I wave so the person knows that is okay to pull out in front of me but he pulls out across the lane I am in and into another lane causing a crash, I am at fault? WOW! personal un-responsibility sunk to yet ANOTHER all time low.

    UMMMMMM, just a thought, but wasn't that HIS responsibility to see if the OTHER lanes are clear, not mine?

    OR better yet, we arrive at a stop sign directly across from each other at the same time AND since he has no directional showing, I give him the right of way.He then turns left across my lane and gets hit, I AM 50% AT FAULT. illogical thought processes you all have in New Jersey...

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