received a ticket for accident and foudn at fault and judge dismissed the ticket. What actions should I take now?

I was in a accident that involed an light vs traffic sign accident. I was at the stop sign. I was hit in the rear side by the wheel and received an violation for the accident, failure to yield right of way. The judge dismissed the ticket on basis of the officer not showing up, can I take furthur action against the driver of other vehicle or his insurance since the ticket has been dismissed
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Answers (3)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
If you have injuries or damages to your bike you can make a claims against the other driver's insurance, but the liability will be apportioned according to how much of the fault is deemed to be yours. Because your ticket was dismissed, you could argue none, but that wasn't a dismissal on the merits so the other driver can still argue that you were at fault because you were the one that was cited. if the other driver has injuries or damage, they can do the same, and if so, you may want to let this go and only make a claim if they do.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Michael E Hendrickson

Michael E Hendrickson

Contributor Level 7
No, unfortunately, the blame for the accident cannot be apportioned under DC law as suggested by attorney Koslyn since as far as I am aware the District of Columbia is still a so-called contributory negligence jurisdiction whereby if one party is even slightly responsible for an accident, all of his or her claims for damages are subject to dismissal on the grounds that he or she was contributorily negligent. to the cause of the accident and therefore may not recover anything even from the other party who was mostly at fault.

M.E. Hendrickson, Esq.
Alexandria, Virginia 22314
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Pamela Koslyn

Pamela Koslyn

Contributor Level 10
I defer to my colleague on the issue of contributory negligence. You would have to prove that you were not at all at fault in attempting to hold the other party responsible, and if the officer shows up this time, that will be impossible.
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