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.