Can a driver be charged in accident for failure to yield?

Question

My husband was in an accident today. He was hit on the passenger side by a motorcycle, and my husband was ticketed with a failure to yield. The cycle driver was taken away in an ambulance, and the last we heard he was in serious condition. If anything happens to him, can my husband be charged with anything? If the cyclist passes away?

Answer 1

Possibly vehicular manlaughter because he failed to follow traffic signals.

Answer 2

It could depend on your home state. There could be a charge of negligent homicide or vehicular homicide. And there will of course be the possibility of civil action brought against you. I can understand why your husband is worried about the condition of the other guy and as a former motorcycle rider, I appreciate that. Please understand also that as a former motorcycle operator who had more than my fair share of close calls with drivers who pulled out in front of me, I have very little sympathy for your husband. I drive a car, a truck, and a van. I never have any trouble seeing a motorcycle coming down the road. So if you want to consider me a jerk..that's fine. I'll sleep good at night knowing that I didn't send some poor innocent guy to the hospital in serious condition.

Answer 3

DANBOSPD has answered it already. Your husband has already been charged. Additional charges are unlikely without some other circumstances or elements of another offense coming into play. This is a traffic charge and at least in Illinois where I worked, would likely go no further. He may be found guilty but the injury doesn't make the charge.

Many people get worried mostly because of law suits coming out of a traffic accident. If your husband is found guilty, that it doesn't automatically mean he will be sued or sued successfully. Insurance cases can generally take a different turn and lawsuits require less culpability than a criminal/traffic charge.

I hope all turns out well for everyone concerned.

Answer 4

Your husband was already charged with something-failure to yield.  If the officers on scene thought that the offense warranted a criminal vehicular operation charge, then they would have arrested him then for that purpose.

Answer 5

Stop everyone

This is a simple traffic crash - with a serious outcome - but the violation is still fail to yield.

Reckless homicide/manslaughter needs much more than a yield violation to prove.

I have handled these types of crashes for over 20 years - and they never end that way - unless there is an intoxicated driver involved or reckless driving.

Answer 6

Actually, it would be best to get a lawyer and discuss this with him.  This depends on a lot of things.  Did the motorcyclist have a valid license?  Was the motorcyclist drunk or had drugs in his system?  And a whole host of other things.

I'm almost inclined to say probably not, or the police would have mentioned something about it.  It was a bona fide accident that could have happened to anyone.

Answer 7

Absolutely. And he will be. Your husband's not yielding caused the accident and a possible death!!

You should be worried about the man's condition and not whether your husband deserves to be charged. He deserves to be charged!

Answer 8

Yes he could. The motorcyclist had the right of way. Your husband could be either charged with reckless or negligent manslaughter.

Good luck.  

Answer 9

yes

his failure to yield caused an accident

cp

Answer 10

It was an accident.  Not an on purpose.  As long as there was no drinking involved, or the like, criminally you are OK.  I do not mean to add to your worries but you should contact an attorney.  There may be civil action  to contend with.