Transportation and Vehicle Safety: no contact vehicle, traffic citation, civil damages


Question
QUESTION: I was recently involved in an accident with a motorcycle.  I pulled out from a stop sign & didn't see the motorcycle coming.  The driver layed the motorcycle down after I was on my side of the road.  No one was seriously injured - scratches & dislocated shoulder.  The officer said he might have to include me in the report as a "no contact vehicle".  Exactly what does this mean?  Is my insurance liable for their damages?

ANSWER: Hi Josh and welcome to AllExperts!

If I understood your incident correctly, it appears after coming to a full stop, you had failed to visually clear the traffic lane you were entering into.

Your entry into that lane caused a motorcycle rider to initiate an avoidance movement that apparently failed, causing minor to moderate injury to the rider after he laid the motorcycle down. During this incident, your car never came into contact with the motorcycle.

Is this correct?

If so, you were a principle party to an accident. It is not necessary to personally sustain damages to be found at fault. If I understood this correctly, then the accident was directly caused by failing to visually clear the lane, and you would be listed as mostly at fault, reportable to DMV as a moving violation.

This unfortunately requires your insurance to cover the damages to the motorcycle, medical costs, and associated civil damages.

If I have misunderstood any of this, please write back. I am very sorry to hear about this happening to you and wish you the best.

Terry

---------- FOLLOW-UP ----------

QUESTION: I did not receive anything at the time of the accident.  The officer said he would get back in touch with me about mid week.  Does this mean I will get a traffic citation?

Answer
Thanks for getting back with me Josh....

Usually, if the officer doesn't cite a person at the time period of the violation and/or accident, a citation will not be issued.

The only reason I can imagine for the officer to get back in touch with you would be to rap up an incomplete accident report, or the report had been placed on hold while he was awaiting for the results of any injuries sustained, or to obtain a written statement from you concerning your observations of the accident, or some other related follow-up.

I wouldn't be worried about his contacting you. The worst is over and the rest will be an insurance follow-up more than likely.

There may also be mitigating circumstances. Maybe It would have been unlikely to have seen the motorcyclist based on something blocking your view, unsafe speed on the part of the motorcyclist, or inappropriate evasive actions on the part of the motorcyclist.

His contacting you may be nothing more that to advise you that the initial accident assessment was wrong and you are not at fault, or at least not most at fault.

The only way to know for sure is to wait for his arrival.

I hope this helps Josh. Please feel free to contact me for any other questions or areas where I can be of assistance.

Take care

Terry