• If anyone is interested, there is actually case law on this specific point - i.e. can a driver be liable for flashing another to say it is safe to proceed when this causes an accident as a result.

    The law as it stands is that the flashing driver would not be at fault.

    Clarke v Winchurch [1968]

    The First Defendant wished to drive his car from the kerb, where it was parked facing oncoming traffic. He wished to cross to the other side of the road and to proceed towards X. The Second Defendant, who was driving a bus from X, stopped to allow the First Defendant to cross the side of the road in front of Second Defendant; the Second Defendant looked in his mirror and flashed his lights at the First Defendant. The Claimant, who was riding a moped, overtook the bus, collided with the First Defendant's oncoming car and suffered injuries.

    The Judge held, on the facts, (1) that the Second Defendant's flashing of lights meant "Come on so far as I am concerned"; (2) that since the Second Defendant had not seen the motorcyclist's approach, he was not negligent in signalling to the First Defendant; and (3) that the motorcyclist was wholly to blame for the accident, with the First Defendant not being negligent at all.

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