Hey LEO's I need advice

[dcarver]

Pulled up to a 4-way stop-signed controlled isection. I was the second dog there. Cage to the left was 'first in line to go'. Third right to go was a LEO, Ca state Sheriff. I make eye contact with #1 cage, he visibly waves at me to go first. I hesitate... damn.. is this where I go and 1) get hit by the bastage or 2) get a ticket from the LEO who may or may not have seen the cage signal me to go first.

What I did was look at the LEO, point to the cage, who waved me on again, then went through without incident.

Still, I wonder..1) is it legal to proceed if waved on? 2) if the cage had taken off, mean spirited like, and nailed me, who would be at fault? and 3) what is the correct course of action?

Thanks in Advance guys..

 

[evil_henchman]

what is the correct course of action?

Fagetaboudit! B)

 

[mdisher]

I ride through a couple of nasty rural intersections when I commute.

I am not a cop nor do I play one on TV. I do sometimes pretend to be "Mall Cop", and when I do I'm the Seargant in charge of all the other "Mall Cops" and I make them get me donuts.

But I digress.

Last summer I watched the little old lady in front of me wave someone across the two-lane traffic and turn left in front of her. She waved them right in front of an oncoming car and *BAM* it was ugly. The person was broadsided on the drivers side, and the teenagers that hit her weren't doing so hot either.

I stayed to help until the cops came. The lady (who waved them on was visibly shaken), however, the cop told her that it was still the drivers responsibility to look before entering traffic (she didn't wave them around a blind spot or anything), it was more of a friendly "No, you go first kind of thing" Turning left there can be a bitch.

She didn't get cited. But I'm fairly sure she's gonna get sued (civily I suppose).

From that day forward;

a] I don't wave people on anymore

b] I don't allow people to wave me through intersections either.

If it's my turn, I look them straight in the eye and let them know I'm coming (as long as it's safe of course and they see me). I get somewhat assertive. If it's not my turn I'll wait but I won't wave anyone on anymore.

 

[Mr Bill]

I'm not an LEO, but I would wave thanks and go.

I was teaching my daughter to drive, she has learners permit, and a cop in Sturbridge cut her out in a parking lot. My daughter said, why did she do that? I told her some cops are assholes. Well Sturbridge police and chief are also having a slew of problems.

You know if you have a bad LEO they can pull you over and write you up for anything they want. Here in Worcester the chief was interviewed about fixing tickets "we don't do that here". Half the tickets issued in this city are taken care of! An LEO was quoted as saying why else would anyone be friends with a cop? So the chief here is fixing, I mean not fixing anymore tickets.

I have a feeling I'm going to get a ticket now <_<

 

[ponyfool]

Having the right of way is something someone can give up voluntarily. If you have a 4 way stop, depending on the state you are in, and two people arrive at the same time, the person to the right has the right of way.

Now, remember, this is two people who arrive at the stop. Not two people who arrive at the intersection to wait in line.

So, you pull up behind a line of 3 cars at an intersection. The two cars in front of you go, and you pull up to the stop line. This is when you are considered at the intersection. Thus, you get to the stop line at the same time a guy who pulls up that had no one in front of them, even though you have been waiting, he may have the right of way if he is on the right.

So, you pull up, and the guy to your right waves you on. Even though he has the right of way, he has the right to waive that right and pass it off to you, either as a courtesy, or other. If he does, and you go, and then he does, you will have the burden of proving your case if there is a collision, but that isn't difficult if there were other people there too.

Does that make sense, or was I just rambling??

Last summer I watched the little old lady in front of me wave someone across the two-lane traffic and turn left in front of her. She waved them right in front of an oncoming car and *BAM* it was ugly. The person was broadsided on the drivers side, and the teenagers that hit her weren't doing so hot either.
I stayed to help until the cops came. The lady (who waved them on was visibly shaken), however, the cop told her that it was still the drivers responsibility to look before entering traffic (she didn't wave them around a blind spot or anything), it was more of a friendly "No, you go first kind of thing" Turning left there can be a bitch.

That's a different story. Waving someone out to grant them right of way when you don't have the right of way to give can get really messy. As you described, it typically happens when a person wants to pull out of a parking lot and turn left across a two lane road. The car in the outside lane waves the car in the parking lot out. But that car only has the right to grant access to their lane. When the car in the parking lot pulls out, they for some reason think they have the right to cross all lanes of traffic, then whammo, they get plowed into by the person in the inside lane.

The person who waved them through can have some liability, but that would be mitigated to nothing if it was articulated that the person was only granting them the right of way to their own lane, not all lanes.

I think I'm rambling again..... :huh:

 

[twowheelnut]

Wad up a twenty, throw it in the cop's window and don't worry about it.

 

[Rogue]

Wad up a twenty, throw it in the cop's window and don't worry about it.

Wad it into a donut! :blink:

 

[ock913]

Traffic enforcement has never been high on my priority list, but Ponyfool's explanation sounds really good to me. However, every state can have it's own interpretation. Bottom line, if you accept someone's wave and the situation turns sour .... you will more than likely get cited. The traffic laws are set in place and the person who waved you on has no authority to tell you you can alter or violate them. In other words, if they wave you across traffic and you go without looking, you are are going to be in the wrong. You must yield right of way to the oncoming traffic, even with the wave.

 

[NC_Yank]

While this scenario is involving a 4 way stop intersection, we have had many accidents where upon driver 1 is at the exit of a parking lot waiting to enter a 4 lane roadway. Driver 2 in right hand lane stops to let Driver 1 out. Needless to say Driver 3 is in left lane and does not see Driver 1 at which time you have a mess. In the mean time Driver 2 realizes that he was a moron and decides to leave the scene.

Everybody is required to use due caution when at an intersection or entering into the roadway. Our city is installing a roundabout at one of its intersection. Considering we rarely ever have an any accidents there nor is there a congestion problem...........I suspect its a way for the government to spend money on experimental roadway configurations.

regards

NC

 

[JimLor]

I agree that when you are waved on it's still your responsibility to make sure you don't get whacked. I'm always very cautious when someone is kind enough to wave me on - especially when I'm crossing traffic to turn left. Way too much opportunity for whackage!

 

[tripletango]

While this scenario is involving a 4 way stop intersection, we have had many accidents where upon driver 1 is at the exit of a parking lot waiting to enter a 4 lane roadway. Driver 2 in right hand lane stops to let Driver 1 out. Needless to say Driver 3 is in left lane and does not see Driver 1 at which time you have a mess. In the mean time Driver 2 realizes that he was a moron and decides to leave the scene.
Everybody is required to use due caution when at an intersection or entering into the roadway. Our city is installing a roundabout at one of its intersection. Considering we rarely ever have an any accidents there nor is there a congestion problem...........I suspect its a way for the government to spend money on experimental roadway configurations.

regards

NC

Not so experimental. Worked pretty well in the UK for years, even if you do go around them the wrong way there! LHd vs RHd that is

 

[dcarver]

Having the right of way is something someone can give up voluntarily. If you have a 4 way stop, depending on the state you are in, and two people arrive at the same time, the person to the right has the right of way.
Now, remember, this is two people who arrive at the stop. Not two people who arrive at the intersection to wait in line.

So, you pull up behind a line of 3 cars at an intersection. The two cars in front of you go, and you pull up to the stop line. This is when you are considered at the intersection. Thus, you get to the stop line at the same time a guy who pulls up that had no one in front of them, even though you have been waiting, he may have the right of way if he is on the right.

So, you pull up, and the guy to your right waves you on. Even though he has the right of way, he has the right to waive that right and pass it off to you, either as a courtesy, or other. If he does, and you go, and then he does, you will have the burden of proving your case if there is a collision, but that isn't difficult if there were other people there too.

Does that make sense, or was I just rambling??

Thanks PonyFool, that's the answer I was looking for... a driver can relenquish his right of way to another. After that, all rules of caution apply.

 

[Toecutter]

But that car only has the right to grant access to their lane. When the car in the parking lot pulls out, they for some reason think they have the right to cross all lanes of traffic.
The person who waved them through can have some liability, but that would be mitigated to nothing if it was articulated that the person was only granting them the right of way to their own lane, not all lanes.

So, where lies the burden of proof that I was only waiving my right of way for the lane I'm in? I sometimes stop short at traffic signals to let cars out of parking lots, if I'm in the inside lane and traffic is stopped. It's their responsibility to know that I'm only waving them into my lane, right? Their ignorance to the law is not my problem, correct?

 

[Geezer]

Eye contact... It's not so important to worry about the legal technicality, the important thing is to avoid an accident.

 

[wallypiper]

My rule of thumb is, I never give up my right of way unless my path is blocked. If I will be forced by traffic to stop so that I am blocking another car that wants to enter or cross my lane, I will yield the right of way to them. Otherwise, I take my right of way. People who yield the right of way when they are not blocked by traffic mess up the flow, create dangerous situations as described above with the parking lot exit onto multilane roads, and put the "yieldee" in the awkward position that was the original subject of this thread. You don't have the right of way but the person that does have it offers it to you - what should you do? I normally decline, thank you anyway. I avoid trying to make turns or exits in locations where its only possible if somebody will yield their right of way to you. I don't trust them and certainly don't trust anybody else in traffic to see what they're doing and join in.

 

[ponyfool]

But that car only has the right to grant access to their lane. When the car in the parking lot pulls out, they for some reason think they have the right to cross all lanes of traffic.
The person who waved them through can have some liability, but that would be mitigated to nothing if it was articulated that the person was only granting them the right of way to their own lane, not all lanes.

So, where lies the burden of proof that I was only waiving my right of way for the lane I'm in? I sometimes stop short at traffic signals to let cars out of parking lots, if I'm in the inside lane and traffic is stopped. It's their responsibility to know that I'm only waving them into my lane, right? Their ignorance to the law is not my problem, correct?

By simply saying, "I was only letting him into my lane, what he did after that was up to him" and you've pretty much satisfied your burden of liability. Driving is a privilege that requires responsibility. Any driver who says, "but he let me in" and then gets pounded by a driver in a different lane is trying to shirk that responsibility. Now, if he says, "but he let me in and then proceeded to hit me himself" then they have a good argument.

However, I have seen, as I'm sure many of you, people who will look in their mirrors, or even turn and look, and then wave to another person that can't see around his car that "it's ok to go." In that situation, some may consider that a shared responsibility.

Before you go jumping down my throat reminding me about what I said above that about the driver is the one who holds the responsibility, remember, I'm just a cop, not an insurance adjuster or personal injury lawyer. But I equate this last scenario as being not much different than a person in a big truck that is backing up and the person that is standing behind the truck is giving directions. If the guy giving directions directs the driver into an object, it is a shared responsibility. Don't know how well that would hold up in court, it's just my opinion.

Now, having said all that, if I respond to an accident scene and a driver has pulled out of a parking lot and gets clocked by the person in the inside lane, to me, it's all about the parking lot driver, regardless of what the guy in the outside lane told the parking lot driver to do. I will not cite a guy for trying to be helpful unless there is an indication he did something intentionally.

 

[evil_henchman]

It's always a crap shoot when things go sour in these kinds of situations. Especially if they end up in court. There's a grocery store/strip mall in town that has rediculously bad access, in and out. There's usually a long line of cars at the intersection blocking the main access to the store as cars zip by them on the right to turn right at the same intersection. There's no shortage of idiots on the left side of that line of cars too stupid or lazy to go an extra half block and turn in at the truck entrance. So they sit there with their blinkers on blocking traffic till that line of cars moves or some asshole waves them through. My neighbor (asshole that he is) waved one of those idiots through only to watch her get T-Boned by one of those cars zipping by in the right lane. It happens regularly. He (my neighbor) was held equally responsable because he waved her through. According to the judge, had he just pointed at her instead of waving, it would have put all the responsability on her. Apparently waving means "it's all clear, I guauantee it" whereas pointing means "here's hole, go at your own risk". At least in that court, with that judge, in this State. Your results my vary...

 

[exskibum]

At least in that court, with that judge, in this State. Your results my vary...

+1

 

[ponyfool]

Well put Evil Henchman....