Author: J. David "Dave" Douthit, Richmond, VA Personal Injury Lawyer
Yes, you can. Drivers who have the right of way will often wave to other cars, indicating that they may proceed before them. There are circumstances in which a wave of this manner can subject a driver to tort liability - when a person unfairly causes someone else to suffer loss or harm.
The Virginia Supreme Court has adopted a principle from the Nolde Brothers v. Wray trial in 1980. In Nolde Brothers v. Wray, the Court stated: If a driver’s waving signal was or could be interpreted to another driver as a signal to proceed across lanes of incoming traffic then the driver who waves has to be certain the other driver can cross…