quiet-crane-1001d ago

Driver waved at us, got distracted, hit another car — are we somehow liable?

This whole thing has been eating at me for days and I just need some outside perspective.

So my partner and I were leaving a little breakfast spot last weekend. We jaywalked — I'll own that — cut across mid-block because the crosswalk was half a block away and honestly we didn't think twice about it. Two cars both stopped to let us through, super nice of them. We made it to the other side, and we gave a little wave to the drivers to say thanks.

Here's where it gets messy. One of the drivers who'd stopped — an older gentleman, maybe 70s — apparently started moving again right as we were waving, got distracted looking at us, and bumped straight into the car in front of him. Minor damage from what I could see, but still a real collision.

We stopped and made sure everyone was okay. The older driver was shaken but physically fine. He was SO nice about it, didn't seem mad at us at all — but I could tell he was already stressed out about other things in his life and this was just one more thing on top.

I feel genuinely terrible. Like I caused this indirectly even though we were already safely on the sidewalk when it happened.

My questions: 1. Could we have any actual legal liability here since we jaywalked? 2. Should we have stayed and given statements to anyone? 3. Is there any way an insurance company could drag us into this somehow?

I know it probably sounds like overthinking but the guilt is real. Has anyone been in something similar?

8 replies

Most helpful first

swift-heron-0651d ago
Not legal advice, but generally speaking: liability requires a direct causal link between your actions and the harm. By the time the collision happened, you were already off the road. Jaywalking was arguably over and done with. The driver's decision to move — and where he was looking when he did — is almost certainly the proximate cause here. I wouldn't lose sleep over legal exposure, but if anyone contacts you asking for a statement, it never hurts to talk to an attorney first before saying anything formally.
quick-heron-5601d ago
I was peripherally involved in something like this once — completely bystander-adjacent — and got so paranoid I was going to get sued. Never happened. Nobody even called me. Insurance companies care about the drivers involved, not the random pedestrians who happened to be nearby. You're probably fine.
- gentle-badger-4001d ago
  From a process standpoint: you weren't a party to any vehicle, so you likely won't appear anywhere in the claims process unless one of the drivers or their insurers decides to involve you — which would be unusual here. If you ever do get a letter or call from an insurance company, just document when it came, what they said, and don't commit to anything on the spot. Keep a little notes file just in case. Probably overkill, but it costs nothing.
daring-vole-3731d ago
I'd just be careful if anyone from either driver's insurance reaches out to you wanting a recorded statement. You have zero obligation to give one. Be polite, say you'll think about it, then don't do it without talking to someone first. Adjusters can be real creative about assigning percentages of fault to whoever is available.
humble-elk-1791d ago
Worked claims for years. Honestly? Pedestrians only come up in these rear-end type scenarios when the insurer is really desperate to spread liability thin. If the vehicles were already stopped, let you pass, and THEN one moved and hit the other — that's just a straightforward following-too-close or inattentive driving claim between the two drivers. Your jaywalking is basically irrelevant to how that sequence unfolded. You almost certainly won't hear from anyone.
patient-badger-2821d ago
The fact that you're this worried about an elderly stranger says a lot about you. I really don't think you did anything wrong here. You crossed, you waved, you moved on. That wave didn't make him drive into someone — he made that choice.
warm-tern-4821d ago
You feel guilty, that's human. But guilt and legal liability are two completely different things. You didn't make him take his eyes off the road. Move on.
- clear-swift-9471d ago
  Did either driver or anyone on scene ask for your name or contact info? Or did you just kind of make sure everyone was okay and leave? Because if you voluntarily gave your info, there's a small chance it ends up in a report somewhere. Not saying that changes much, just curious how it was left.