DE · jury_instructions
Del. P.J.I. Civ. § 6.5
Waving Other Vehicles On
WAVING OTHER VEHICLES ON
[Plaintiff / defendant’s name] alleges that [defendant / plaintiff’s name] was
negligent in waving [person’s name] to go forward. Although there is no duty to
wave a person forward, once a driver assumes a duty of looking for another, [he/she]
can be liable if [he/she] fails to carry out that duty properly. Even though an act is
done gratuitously, if the person performing the act anticipated that another will rely
on the act, then a duty existed to perform the act properly.
A driver may rely on the assurance of another if it is reasonable to do so under
the circumstances. If you find that [person’s name] reasonably believed that
[he/she] was given an assurance by [plaintiff / defendant’s name] that [he/she]
could go forward, then [his/her] reliance on that assurance is not considered
negligence.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
8e1cf9c8b649cd5db2273a6fb151dd14eb11d50201f48da6d6aaf0338b54818a
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