What Happens If A Driver Waves You Through… And Then You Get Hit?

It’s a situation many drivers and pedestrians have experienced: you approach an intersection, a parking lot exit, or a crosswalk, and another driver waves you through as a gesture of courtesy. You start moving forward—only to have another vehicle hit you. If you have been injured in an accident, a Tampa, FL car accident lawyer can provide you with legal guidance and what your next steps should be.

It’s frustrating, confusing, and often leads to one big question: Who is responsible for the accident?

In this article, we’ll break down what “waving through” really means in traffic situations, what Florida law says about it, and what you should do if you’re involved in this kind of accident.

The Courtesy Wave: Helpful Gesture Or Hidden Danger?

When a driver waves you through, it can mean different things:

At a stop sign: They may be letting you go first, even if they technically have the right-of-way.
In a parking lot: They might stop to let you cross in front of them or pull out of a parking spot.
At a crosswalk: They could be signaling for you to walk ahead.
At a blocked lane: They might motion for you to merge in front of them.

While these gestures are often meant to be kind, they don’t guarantee that the path ahead is clear. The driver waving can only see from their position—and may not be aware of another lane of traffic, a speeding car, or a vehicle coming from the opposite direction.

Why “Waving Through” Can Be Risky

Even when everyone has good intentions, “waving through” can cause accidents because:

Limited visibility – The waving driver may not be able to see all lanes of traffic.
Mixed interpretations – You may think they’re saying, “It’s safe to go,” but they may mean “I’m just yielding to you.”
Other drivers aren’t in on the signal – Drivers in other lanes might not know a “wave through” happened and keep driving as usual.
Right-of-way rules still apply – A friendly gesture doesn’t change the law.

Florida Right-of-Way Laws: The Key Factor

In Florida, right-of-way laws determine who must yield in each situation. These laws are designed to prevent confusion, and they apply even when one driver waves another through.

According to the Florida Driver License Handbook, right-of-way is never “given” — it is “taken” only when it is safe to do so. This means:

If the law says you must yield, a wave from another driver doesn’t automatically give you the legal right-of-way.
You still have to ensure it is safe before proceeding.

Who Is At Fault If You Get Hit After Being Waved Through?

Fault in these cases depends on the details:

You Had the Right-of-Way
If you were legally entitled to go (for example, you were in a crosswalk with a “Walk” signal or already in the intersection), the driver who hit you is more likely to be found at fault.
You Did Not Have the Right-of-Way
If you were crossing multiple lanes and another car struck you in a lane where you should have yielded, you may share some or most of the blame.
Florida follows a comparative negligence system (Florida Statutes §768.81), which means fault can be split between parties. If you are found more than 50% at fault, you may not recover damages.
The Waving Driver Contributed
In some cases, the waving driver can also share responsibility—especially if their gesture created a dangerous misunderstanding. However, proving this can be challenging without witnesses or video evidence.

Real-Life Example

Imagine this:
You’re leaving a parking lot. Traffic in the nearest lane is backed up, and a driver stops to wave you across. You move forward, but when you reach the second lane, another car, hidden by the first, hits you!

In this situation:

You may be partly at fault for entering a lane without confirming it was clear.
The second driver might claim you failed to yield.
The waving driver likely won’t be held liable unless it can be shown they encouraged you to go when it was unsafe.

How To Protect Yourself In “Wave Through” Situations

Even with friendly drivers, the safest move is never to rely solely on a wave. Here’s what you can do:

Make eye contact with all approaching drivers if possible.
Check every lane before proceeding, don’t just trust the view from one stopped car.
Move slowly and be prepared to stop quickly.
Use your own judgment—only go when you are certain it’s safe.
Be extra cautious in poor visibility (night, rain, or glare).

What To Do If You’re Involved In This Type Of Accident

If you’re hit after being waved through, here’s a step-by-step guide:

Call 911 – Even if injuries seem minor, you’ll need a police report.
Get medical attention – Some injuries may not appear right away.
Gather evidence:
- Photos of the scene, vehicle damage, and road conditions.
- Contact information for witnesses (especially the waving driver, if possible).
- Any surveillance or dashcam footage.
Avoid admitting fault – Statements made at the scene can be used against you later.
Report the accident to your insurance – Provide the facts without speculating about fault.
Contact a personal injury attorney – They can investigate and protect your rights.

Proving Fault Can Be Complicated

Because multiple drivers and perspectives are involved, proving fault after a “wave through” accident can be tricky. Evidence like witness statements, dashcam footage, and intersection cameras can be crucial in building your case.

An attorney can help by:

Collecting and preserving evidence.
Communicating with insurance companies on your behalf.
Determining whether another party shares responsibility.
Negotiating for the compensation you deserve.

The Bottom Line

A “wave through” is meant to be polite, but it can lead to serious misunderstandings on the road. In Florida, the law, not hand signals, decides who has the right-of-way. Even if another driver motions you forward, you’re responsible for making sure it’s safe to go.

If you’ve been injured in a “wave through” accident, you don’t have to figure it all out alone. At Mickey Keenan P.A., our team understands the confusion and frustration these accidents cause. We can help investigate your case, explain your options, and fight for the compensation you deserve. Contact us today for a free consultation, we’re here to help you get back on track!