Legal Question in Traffic Law in New Jersey

Whos fault is it?

Lets say I was stopped at a dark intersection and I look both ways and I see it is clear, then as Im crossing the intersection I hit a man on a dirt bike. This dirt bike had no lights and no horn and the driver of the bike has no protective equipment on but he clips my vehical and gets into an accident. After getting out of my car to see if the driver of the bus is ok, he sees that he is not and is bleeding but insist not to call the police because the dirt bike was illeagle on the streets and didnt want to get it taken away. I told the driver to at least let me take him to the hospital but he wasnt willing to leave his bike in the middle of no where so he took it upon himself to leave the scene of the accident. So I did the same and later filed a late accident report in case that the driver who was hurt should show up in a hospital and say that I hit him and that he didnt have a bike....just to cover my assets....There were witnesses who saw the accident after the fact and they all say that the victim who walked away attempted to increase his speed as I was crossing the intersection.....What could happen to me now???


Asked on 5/18/03, 11:12 pm

1 Answer from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: Whos fault is it?

You are addressing two situations - civil negligence and a traffic/criminal matter.

I think you have defenses to both, and should not ultimately worry.

As for the negligence issue, this poor fellow was not operating his bike with due care, driving his motorized bike without lights on a public street illegally. You as a driver have a duty to operate your vehicle with due care. You cannot be expected to see things that are unlighted. Fortunately, he does not sound very hurt. If he is, and if he makes a claim against you, your auto insurance will cover you by providing a lawyer and financial coverage if you are determined to be at fault in any way.

As for the traffic matter, likewise, I don't think any municipal court judge would find you guilty of anything. You did the right thing by reporting the incident. Otherwise, you could have been charged with a serious ticket - leaving the scene of an accident, as well as failing to report an accident.

If this guy surfaces, either to make a claim against you or to file charges against you in municipal court, call me.

Other than being worried that this guy may be hurt, and being concerned for his health, don't lose any sleep over this.

Read more
Answered on 5/19/03, 5:28 am


Related Questions & Answers

More Traffic Law questions and answers in New Jersey