A close call with a motorcyclist during a lane change, with no contact: what New York requires, and when it becomes more than a near miss

Attorney Answer

If nobody went down and nothing was damaged, there was nothing New York requires you to report, and no duty to stop. That changes if the motorcyclist crashed or was hurt avoiding you: the duty to stop and report applies to injury or damage caused “due to an incident involving” your vehicle, not only to a collision. A lane change made without first making sure it was safe is itself a traffic infraction, and New York lets any person with knowledge of it sign the charge. Whether anyone pursues it is not something this page can predict.

No contact, no damage, no injury. Vehicle and Traffic Law § 600 is triggered when a driver knows or has cause to know that injury or damage was caused “due to an incident involving the motor vehicle operated by such person”. Where there was no injury and no damage, it does not apply. The written report to the Department of Motor Vehicles under Vehicle and Traffic Law § 605(a)(1) likewise turns on an injury or more than $1,000 of damage.

If the motorcyclist went down. Then the incident may involve your vehicle even without contact. Where someone was hurt, § 600(2)(a) requires the driver to stop, show a license and insurance card, give name, address and insurance information to the injured person if practical and to a police officer, and if no officer is nearby, to report to the nearest police station or judicial officer as soon as physically able. Leaving after an injury, other than a mere failure to show the cards or exchange the information, is a class A misdemeanor under § 600(2)(c), and more serious where the injury is serious. If that may be what happened, talk to a criminal defense lawyer before you speak to the police.

The lane change. Vehicle and Traffic Law § 1128(a):

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

Who can bring a charge. A traffic infraction can be charged by an information. Criminal Procedure Law § 100.10(1):

1. An "information" is a verified written accusation by a person, filed with a local criminal court, charging one or more other persons with the commission of one or more offenses, none of which is a felony.

And under CPL 100.15(1), “The complainant may be any person having knowledge, whether personal or upon information and belief, of the commission of the offense or offenses charged.”

What you can do

1. If nobody went down and nothing was damaged, there is nothing to report.

2. If you learn that the motorcyclist crashed or was hurt, talk to a New York criminal defense lawyer before you speak to the police or anyone else about it.

3. Keep any dash-camera footage from the drive.

4. Do not post about it.

⏱ Time limits apply. If there was an injury or damage, § 600 requires the report as soon as physically able, and the DMV report under § 605(a)(1) is due within ten days. If nobody went down and nothing was damaged, neither applies.

A New York attorney can look at the specifics quickly, and most offer a short first conversation at no cost. A few minutes on your actual facts is worth more than any general guidance, this page included.