To cite or not to cite

[ontherearwheel]

I got my accident report that in the cause section states that the collision was caused due to P1 (not me) made a xxxxx xxxxxx which is in violation of CVC xxxxxx. Plus in another section of the report it indicates that V1 violated CVC xxxxxx, but was not cited.

What might be some of reasons not to cite the person that caused two vehicles to crash. I'm kinda confused. I would think that the person would be cited.

 

[Razel]

I got my accident report that in the cause section states that the collision was caused due to P1 (not me) made a xxxxx xxxxxx which is in violation of CVC xxxxxx. Plus in another section of the report it indicates that V1 violated CVC xxxxxx, but was not cited.

What might be some of reasons not to cite the person that caused two vehicles to crash. I'm kinda confused. I would think that the person would be cited.

Part of the answer may lie in the xxxxxx parts. Add those and the helpful ones may narrow it down for a better answer. Every situation is usually unique such that all the facts are needed to get a non-speculative response.

 

[heyguys]

You know. My dad accidently ran a red light not paying attention and following a car in front. He caused a 3 car crash with no injuries (thankfully). He was never cited and I always thought it was because the officer who handled the scene could not verify he ran a red light because the officer arrived at the scene about 10 minutes later.

I mean, at that point it's really the not-guilty's word vs the guilty's. How is the officer to know that my father had a green and the other guy poked out (yeah I had a friend who poked out a little too far same type of accident)?

 

[silversvs]

.....What might be some of reasons not to cite the person that caused two vehicles to crash. I'm kinda confused. I would think that the person would be cited.

The at-fault driver is going to be tagged with a point by the DMV for having caused the collision. If the officer cites the at-fault driver for the VC violation which ultimatley caused the collision the at-fault driver gets a second point on their record for basically the same violation.

I very very seldom cite the at-fault driver in a collision.

 

[blackandwhite]

For my dept. to cite out of a crash you have to have witnessed the crash or do a long format report...but as other above said you will be giving the person two points which is really "dropping the hammer"...IMHO

 

[Sidesaddle]

For my dept. to cite out of a crash you have to have witnessed the crash or do a long format report...but as other above said you will be giving the person two points which is really "dropping the hammer"...IMHO

I rarely drop "the hammer" unless the driver is clueless or was driving like an ass. Then I have no problems with it.

 

[Jm3]

The at-fault driver is going to be tagged with a point by the DMV for having caused the collision. If the officer cites the at-fault driver for the VC violation which ultimatley caused the collision the at-fault driver gets a second point on their record for basically the same violation.

I very very seldom cite the at-fault driver in a collision.

if a driver caused an accident, and was cited for violating the vc, but took traffic school, it would only be 1 point for the entire incident correct?

 

[Blind_Io]

The at-fault driver is going to be tagged with a point by the DMV for having caused the collision. If the officer cites the at-fault driver for the VC violation which ultimatley caused the collision the at-fault driver gets a second point on their record for basically the same violation.

I very very seldom cite the at-fault driver in a collision.

Thanks for explaining that, I have been wondering why the woman who hit me was never cited.

Personally, I would like to see more drivers have the hammer dropped, especially if the crash resulted in an injury or involved a (very vulnerable) motorcycle rider, but that's just me. As I was sitting on the side of the freeway surrounded by SF Fire Dept. personnel and looking at my crushed bike, it would have made me feel a little better to see the trooper explain to the iPhone-using woman she was getting hammered, and why.

 

[Sidesaddle]

if a driver caused an accident, and was cited for violating the vc, but took traffic school, it would only be 1 point for the entire incident correct?

Assuming he/she was eligible for traffic school, then it would only be one point for the traffic collision.

 

[psccbr]

For my dept. to cite out of a crash you have to have witnessed the crash or do a long format report...but as other above said you will be giving the person two points which is really "dropping the hammer"...IMHO

If I cite, it is because I on-viewed or have a good independent eye witness to the T/C, AND the at-fault driver is lying to me. It mainly depends on the lying part though, I know the driver is already going to get dinged by the DMV and their insurance, and if it seems to be just an "accident", then I let them slide on the cite.

 

[ontherearwheel]

This post is in reference to this
http://www.bayarearidersforum.com/forums/showthread.php?p=4359732&highlight=cry#post4359732

The CVC was unsafe start, the person that caused the accident is from another country, Canada.

In this case there was another witness, the guy in the truck, to back up what happen. It was pretty clear at the scene what happen.

I can see being somewhat subjective about citing, but in this case, I'm just surprised. But being from out of country by have been the deciding factor.

They do have insurance and they seem willing to get things taken care.

I missed some of the best riding weather this year. I cried, just on the inside, alot. I had the duc sorted out for some riding during this time. I was gonna win the "sound of music" at La Honda Duc days. That thing sounded that good. Well, still does. It starts.

Oh well.......maybe time to get a 1098s and just do track days or fire up the FZR 400 for 450 superbike.