Mottley Law Firm May 2019

AVO I D R I GH T O F WA Y GU I L T

Those rules are designed to keep them safe. And if they concentrate on following them, they’ll be fine. But what if they must also worry about another driver flashing their lights to “go ahead”? Suddenly, they are distracted. They have an additional factor to consider, and that extra wrinkle could cause them to hesitate and make a mistake. I’ve taught my kids to ignore such gestures and just wait for the person to go.

“safe to proceed.” In that situation, the signaling driver will not be liable.

Did you know that in Virginia, you can be found liable (legally responsible) for causing a wreck by “signaling” another driver to enter an intersection by waving, flashing your lights, etc.? Back in 1922, Justice Cardozo wrote, “One who assumes to act, even though gratuitously, may thereby become subject to the duty of acting carefully, if he acts at all.” In other words, if you gratuitously assume responsibility for another person’s safety (by waving for them to “go ahead”), you can be liable for not acting carefully if something goes wrong. Since 1980, the Supreme Court of Virginia has used this principle to recognize that a driver may be held negligent for “signaling” another driver to do something that results in an accident, but the rule has a quirky wrinkle. If the person giving the signal is not in a position to see whether it is safe for the other driver to proceed, then it is not “reasonable” for the driver receiving the signal to interpret that it is

I appreciate it when people with the right of way at an intersection offer to let me go first by waving or flashing their lights, but I always decline the invitation. Sometimes, the person gets visibly irritated with me, and if you’re one of those people, I’m sorry. It’s nothing personal! The rules at intersections are what they are for a reason, and they create certainty. If everyone follows them, everything (and everyone) will be just fine. Once people start doing something different, even if well- intentioned, certainty is compromised and the chance of something bad happening increases, as illustrated in the cases alluded to above. Take a teenage driver, for example. When an inexperienced driver comes to a busy intersection, you’re just praying they can get through the intersection safely. They’ve been taught several rules to make that happen.

SUDOKU

SHRIMP SAUSAGE SKEWERS

INGREDIENTS:

DIRECTIONS:

1. Heat your grill to medium-high. 2. In a bowl, combine all ingredients for creole seasoning. 3. In a large bowl, combine the shrimp, zucchini pieces, and sausage pieces, and cover them with the olive oil. 4. Add creole seasoning and mix well until all ingredients are covered. 5. Load up skewers with alternating pieces of shrimp, sausage, and zucchini until they’re full. 6. Grill skewers until shrimp are well-cooked (6–8 minutes).

1/2 pound raw shrimp, peeled and deveined 1/2 pound cooked sausage, cut into 1-inch pieces 2 zucchini, cut into 1/2-inch cubes 2 tablespoons extra-virgin olive oil Wooden skewers, soaked in water for 30 minutes

• • •

Creole Seasoning Ingredients • 2 tablespoons paprika • 1/2 tablespoon garlic powder • 1/2 tablespoon onion powder • 1/4 tablespoon dried oregano

SOLUT ION

1/2 tablespoon cayenne or chili powder

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1/4 tablespoon dried thyme

Inspired by PaleoLeap.com

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