What is the name of your state? Oregon
I was on vacation at the beach in seaside, OR from were I live in Vancouver, WA. I was stopped in middle divider lane waiting for some friends that were far behind my vehicle. I decided to pull into a gravel parking lot to my left to wait, as sitting in the middle of traffic wasnít safe. Ahead of me the road turned around a slight bend (a corner) and obstructed the view of oncoming traffic after about 100 feet (roughly, I have to go back and take pictures). I looked to my left and there was a white jeep sitting there. I glanced back to oncoming traffic clear then looked back to the jeep it had started to move and head towards the road. The jeep was clear from were I was to turn so I looked back at oncoming traffic and started my turn. As my vehicle was about 25% into the on coming lane I looked with my eyes at the jeep to still make sure everything was ok and it was. I then looked at the on coming lane and there was a motorcycle there a good 60 feet away from me heading pretty fast (it was a 25mph zone he was over that I assumed 40). He veered towards the front of my car and I slammed on my brakes (no skid my on part as I was going slowly) to let him pass me as that seemed what he intended to do. He (in my opinion) decided that he couldnít handle this maneuver slammed on his brakes fish tailed and clipped my front license plate. His bike had high handle bars and didnít seem that he would be able to safely control his bike and should have stooped (which if he would have braked in the beginning I wouldnít be posting here). His bike fell towards my car and hit pavement he fell away from my car. Minor injury to his left arm and right pointer finger (he refused ambulance transport and service, as did I). I did not claim fault and at the scene the police stated that they were not siting either of us as there unable to determine fault and thatís the job of the insurance.
Well on Monday I received a call from the onsite officer asking me if I was available to come to seaside. I explained I wont be in that area at all as I was on vacation and hardly ever visit there. He then explained that I am being sited for the accident as they reviewed the info and the witnesses and have found me at fault and are issuing (I believe) a class d violation.
The only witness that I saw or heard of was the auto dealership across the street he said that he saw the bike turned away hurt a pop and looked back my rear end was to the auto dealership and there were no other witnesses on site. The police took skid mark measurements etc on the scene.
What do I do I donít feel that Iím totally at fault as he wasnít around the corner when I started my turn. I (in my opinion) started a safe turn and followed the law. The motorcycle driver says he wasnít speeding and that I turned 50ft in front of him and he didnít have time to brake but when I saw him he hadnít started braking at all, he seemed to start a maneuver to go around me and the 2nd guess himself.
I also donít feel I should be sited for the accident its on $96 but I donít want it on my record.
I donít think I canít put up a good case myself but Iím scared that the cost of a Attorney or Lawyer may be very excessive (I might be wrong I have one calling me today). I filed a claim with my insurance so the other driver could submit his claim. When I called his insurance they said he doesnít want to open a claim and if one is open he wants it under his commercial insurance instead of his personal (is that legal?).
Iím confused let me know if you need anymore info. I just received the call from the help line they said to fight it reschedule the court date a few times and go in person to the trial instead of doing a trail by mail.
I have pictures that I can post there crappy but show some detail as well as a diagram of the scene if you need some help.