Pedestrian car accidents more often pedestrians’ fault?

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Walking is a very fun, stress relief type exercise. However, it can be very dangerous if you are not taking the proper precautions to make sure you are not hit by a car. Electric cars can come up on you very fast and without warning so it is always best to be 100% aware of your surroundings when entering a street from a sidewalk.

The Washington Traffic Safety Commission assessed the pedestrian versus car fatalities occurring between 2008 and 2012 in order to determine the factors that lead to such collisions. During this timeframe, 332 pedestrian fatalities were recorded in the state, which accounted for 14 percent of all traffic fatalities occurring during this time.

Who is most likely to get hit by a car? The study showed that men were more likely to be victims of a fatal pedestrian car crash, accounting for 66.3% of pedestrian versus car deaths during this time. Additionally, the majority of the victims were between the ages of 45 and 65. The reason this is so could be that men take more risks and may be oblivious to certain risks sometimes when they run out into the street. They could believe that cars will stop for them so they walk out into the street before the car has stopped to let them cross the street.

When are people more likely to be hit by a car as a pedestrian? The study showed that most of the pedestrian car accidents were in October and March at night. It This could be due to the sun starting to set earlier in October and people trying to leave work at the same time walking across the street and possibly just after daylight savings time ends in March making it a little darker at night once again with one hour advance.

Where are people more likely to be hit by a car as a pedestrian? You would think that most of the people killed in pedestrian car accidents were on residential streets but two-thirds of all pedestrians killed were fatally struck on an urban road and 45% were killed from crashes occurring on roads with speed limits between 35 and 50 mph, which are considered busier streets or highways. Only 30% occurred on roads with posted speed limits between 15 and 30 mph or neighborhood type roads or roads around schools.

Are the drivers more likely at fault or pedestrians? Most people would believe that the driver was at fault for almost everyone of these accidents. However, distracted driving accounted for 19.8%, impairment occurred in 13.5%, and failure to yield happened in 12.6% of fatal pedestrian accidents. This means driver error only accounted for 45.7% of fatal pedestrian car accidents, which means the pedestrian was more likely to be at fault for a pedestrian car accident at 54.3%.

Things you can do to prevent being hit by a car as a pedestrian – 

  1. Stop and look both ways before crossing a street
  2. Make eye contact with the driver
  3. Make sure the driver comes to a complete stop before crossing
  4. Hold hands with children and others while crossing the street
  5. Wear bright colors or reflective colors when walking

Walking is a great exercise that can lower blood pressure and stress but make sure you walk the streets with care so as to protect you, your children, your friends, your family, and others. If you know of anyone injured as a pedestrian hit by a car, please give them my contact information for a free consultation to make sure they get the professional help they deserve. A Seattle personal injury lawyer is the best one to help guide them and their case to make sure they get what they deserve.

Andrew CherinPedestrian car accidents more often pedestrians’ fault?
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Seattle Pot Holes and Bike Accidents

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Who is at fault if you hit and crash in one of the many potholes around Seattle on a bike? 

While many people may say that someone should have seen a pothole and got out of the way, some times it is impossible to see a pothole on the street depending on the conditions, depth of the pothole, and how many other people are on the road.

Seattle is becoming notorious for not filling potholes in quickly enough. I am sure you will encounter a pothole on the next drive you take after reading this blog. Whether it is because the city has too many potholes to deal with, they are lazy, or they don’t have time to get to them, the city is responsible for filling pot holes and making sure people are safe on the roads.

The city of Seattle is responsible for filling potholes on city streets and some other roads as well. If a bicyclist is injured because they run into a pothole, the city is responsible for the resulting injuries including bicycle replacement, medical bills, lost wages, and pain and suffering. If there are permanent injuries, the city is also responsible for future lost wages, future medical bills, and other damages resulting from the fall.

If you are injured by a fall due to a pothole in Seattle, you need to hurry to preserve your case. Generally, there is a three year statute of limitations for personal injury cases in Seattle, Washington. This means that you have three years to file a lawsuit or settle a case against the city of Seattle. In addition to this, the city has a notice requirement that states that you must give them 60 days advance notice before filing a lawsuit against the city, in accordance with RCW 4.96.020. This means you must fill out a claim form on Seattle’s municipal website and mail it in to them following the directions on the website.

If you are injured in a bike accident on a Seattle street, it is best to contact a Seattle personal injury lawyer to figure out your rights and compensation possibly owed to you. Most offer free consultations and are paid out of the settlement. This means that everyone can afford a personal injury lawyer, but you cannot afford to not hire one.


Andrew CherinSeattle Pot Holes and Bike Accidents
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Seattle Solar Eclipse and Car Accidents

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August 21, 2017 marks the first solar eclipse to hit Seattle since February 26, 1979 when the total solar eclipse was nearly total 99.6% totality. This year Seattle will have a 92-93% totality but if you head down to Salem, OR you can see 100% totality, just 3 and a half hours south of Seattle.

This years solar eclipse will start around 9:08 a.m. and maximize at 10:20 a.m., where 92-93% of the sun will be blocked by the moon in Seattle. The partial solar eclipse will last until about 11:38 a.m. This means that most people will be at work on Monday when the eclipse starts. However, if you are on the road, traffic may be dangerous as people slow to look at the sun.

There are a couple of distractions that could cause drivers to get into a car accident in Seattle including taking a picture while driving, looking into the sun which causes temporary blindness, and being distracted by looking at the sun and not looking at suddenly stopped traffic ahead.

Distracted driving is already one of the largest causes of car accidents on the road today. With it being the summer time, many teenage drivers will not be at school but could be on the road trying to snap a picture of the solar eclipse. This is creating another distraction among the many we already deal with. Many drivers will be tempted to get a picture of the eclipse with many picturesque freeways and roads giving perfect picture opportunities but with a huge risk of hitting someone in front of them or others.

If you can avoid it, try to stay off the road during times of the eclipse as some drivers may be tempted to look at the sun and become temporarily blinded as they mistakenly think they can look at the eclipse for a couple seconds. Such temporary blindness may cause them to rear end someone in front of them or swerve over into oncoming traffic. Please do not look at the sun while you are driving.

Some drivers may believe their sun glasses will do enough to protect them from the sun but they would be mistaken. Most sunglasses do not offer enough protection to look at the solar eclipse.

Here are a few ideas for looking at the solar eclipse from the ground and not in your car: you can buy a pair of welders’ glasses, a self made pin hole projector that you can make at home, special solar eclipse glasses you can buy on Amazon or at a local store, or through your iphone or smart phone. You can use your iphone by shielding your eyes with the phone or looking over your shoulder in selfie mode with your camera function on.

Looking at the solar eclipse and being distracted is not an excuse in a car accident. If you have been injured in a car accident in Seattle by someone looking at the solar eclipse, please call me for a free consultation. Everyone can afford a lawyer, as we are paid out of the settlement, but you cannot afford not to hire a lawyer.

Andrew CherinSeattle Solar Eclipse and Car Accidents
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Why you should not use the defendant’s claim number?

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This is one of the areas where a lot of people get confused. Many people mistakenly believe that the defendant’s insurance will cover their medical bills as they go so they should give the defendant’s claim number to their medical providers. This could not be further from the truth in a typical car accident and can lead to collection actions, not getting the treatment necessary, and early settlements. By giving a hospital, doctor, chiropractor, massage therapist, physical therapist, etc. the defendant’s claim number, the defendant insurance company only will pay these medical providers once you settle, which could be months or a year or two from the date of the car accident.

If you give the defendant’s claim number to the hospital, ER, ambulance, doctor, chiropractor, massage therapist, or physical therapist, these medical providers will be notified that they will not be paid immediately, which these providers will most likely open up a collections action against you because they have not been paid within 30 days. This is because the defendant’s insurance company will not pay anyone until you settle with them and will not pay bills that you haven’t accrued yet. This means if you need more treatment but want the defendant’s insurance to pay right now, you will not be able to get your future medical treatment covered by the defendant’s insurance.

The defendant’s insurance company will use this to their advantage in some situations and try to force you to settle early before you get the full medical treatment that you need. With mounting bills and the insurance company holding all the money saying you don’t need more treatment with a take it or leave it approach, it is very tempting to settle early without getting all the medical treatment that you need following a car accident injury case.

The exception to the rule: If you are a passenger, bicyclist, or pedestrian hit by a another car, you can use their PIP insurance to cover your medical costs and they will be paid shortly thereafter. In a typical car accident where you are in a car hit by another driver, the other driver’s insurance will not give you PIP coverage, rather you must use your own or the driver of the car you were in and their PIP coverage.

How do I pay for my medical bills then? What you should do is use your own personal injury protection plan under your car insurance policy or use your medical insurance to cover the medical bills. These will be primary over the defendant’s insurance which will then pay back your car insurance PIP plan or medical insurance.


What if you don’t have medical insurance or a PIP policy under your car insurance? The good news is that your personal injury lawyer can work out with your medical providers an agreement to get paid out of the settlement and delay collection actions. Not all medical providers will agree to wait to be paid out of the settlement and may demand payment immediately, however, most are willing to work with you and your attorney on either a payment plan or complete deferment until the case is settled. If these facilities are not willing to do this, there are many medical providers that are willing to upon a signed lien with your attorney.

Does the defendant’s insurance get off for free then? No, the defendant’s insurance company will compensate you for all medical bills that have been paid by your medical insurance and your attorney will then pay your insurance back in a process called subrogation. In most situations, your attorney will even be able to negotiate down how much is owed back to your insurance company for covering your medical bills giving you more money in your pocket.

If you have any questions about your car accident injury case and this process, please contact us today for a free consultation. We are paid out of the settlement and do not charge hourly so anyone can afford to hire a Seattle personal injury lawyer but no one can afford not to hire one.


Andrew CherinWhy you should not use the defendant’s claim number?
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Duty to Seek Treatment ASAP?

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Many people who are injured in car accidents, especially men, try to tough out their injuries. The reason can be anything from not having enough time to go to a chiropractor, massage therapist, physical therapist, etc. to not wanting to “cause problems” for the other person. However, insurance companies are increasingly trying to crack down on people that wait three to five months start chiropractic or physical therapy following a car accident and denying their relatedness of such. While there are some good arguments to stop insurance companies from making these arguments, why not get the treatment needed immediately so not to create this possible complication.

If you wait too long to get treatment, the insurance company may have a good argument for denying the treatment – to a certain degree. This is because there is law in Washington State that requires a victim of a car accident injury case to get treatment within a reasonable amount of time as a reasonable person would so as to not make their injuries worse. However, this does not mean that the insurance company is completely off the hook for covering these medical bills but it does mean that it may be reduced to a certain degree.

Example: Let’s suppose the following: If someone who is injured in a car accident would have gone to a chiropractor right after the car accident, they would have been able to be healed within 6 months with massage and physical therapy. The insurance company will be responsible for 100% of the treatment because the person injury in the car accident mitigated their damages.

Now let’s say that if they wait to start chiropractic, PT, and massage three months after the car accident, their injuries will have gotten so bad to the point where they need an extra three months or nine months to heal. In this second scenario, the insurance company will have a good case that those extra three months of treatment are not coverable because the person injured in the car accident waited too long to get healed without a valid excuse. However, the question will come down to would a reasonable person have sought medical treatment when the person did in this case – within three months of the car accident.

This rule not only applies to medical treatment, but also to lost wages. Would a reasonable person have sought jobs they could have applied for given their injuries and situation. Would they have gotten a job so not to lose their house. A victim of a car accident has a duty to mitigate their damages as much as reasonably possible.

Washington State Pattern Jury Instruction 33.01 lays out the argument that the insurance company can make. However, they must also prove that a reasonable person would have sought medical treatment and thus the delay in getting medical treatment was the proximate cause of the now more complicated treatment and not the car accident. Proximate cause means sufficiently related to a legally recognizable injury to be held to be the cause of that injury.

If the court finds a duty to mitigate was not followed, the court may apportion what percentage of the medical damages the car accident injury victim was partially at fault for based on comparative fault rules in Washington State, which does not bar recovery if someone was partially at fault but merely just takes off their percentage from 100%. This means if someone was found to have been 10% at fault for worsening their symptoms and treatment for not getting treatment within a reasonable time, they would only recover 90% of their total personal injury award instead of 100%.

Conclusion: Get the therapy you need as soon as possible in order to avoid complications and delays in getting your personal injury car accident case settled as soon as you are 100% back to normal or as close as possible.

Andrew CherinDuty to Seek Treatment ASAP?
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Why you should have your insurance repair your car?

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Many people want the other person’s insurance company to pay for the repairs to their car during a car accident, but here is why you should go through your insurance to get your car repaired. Your insurance will go after the defendant’s insurance for repayment so they don’t get off for free by using your insurance.

  1. Choose your own shop
  2. Get it repaired on your time
  3. Don’t give them an excuse
  4. Your rates won’t go up and they will find out
  5. Your insurance can help determine liability 100% in your favor

1. The first reason to go through your own insurance company to repair your car in a car accident injury case is that you will be able to choose where it is repaired. Your insurance company will generally give you more flexibility to get your car repaired where you want it to be than the defendant’s insurance. The defendant’s insurance company wants to use their guys because they have contracts with them and they know their guy will tell them what they want to hear.

2. The defendant’s insurance company will want to look at your car first before they have the repairs done. This could take a while for them to approve your repairs with their inspector. Using your insurance will allow you to quickly get your car repaired for and paid for.

3. The defendant’s insurance company has a big investment in seeing your car repaired with them so they can take it apart and look at everything in order to estimate the speed of the crash and write a story line that fits their interest. You generally don’t get to see their insured’s vehicle and the repair quote so why should they be able to see yours. Often times the car that causes the car accident has the most damage to their car while the car getting hit won’t have as much depending on the type of car. Rear bumpers are generally more reinforced than front bumpers and may hold up to a hit stronger than the front due to the trunk and the frame reinforcing it versus the engine on the front end and tons of components that are easily damaged.

4. Generally, your insurance company will not have your insurance rates go up for a non fault car accident. However, there are some car insurance companies who will raise your rates no matter on fault. You should shop around if this is the case and they raise your rates. Your insurance company knows there are hundreds of car insurance companies out there that want your business so a little push back from you can go a long way in keeping your rates low. If you decide to go through the defendant’s insurance to repair your car, they will put your name in a database that all insurance companies will be able to see, including your own. Therefore, even though you are trying to hide your car accident from your insurance company they will most likely find out one way or another.

5. If you use your own insurance to repair your car, your insurance company will fight for your to determine liability in your favor quick. Insurance companies will determine who is 100% liable for the car accident in many situations where it is he said she said outside of court quickly. They will then seek reimbursement for the repair costs from the defendant’s insurance company and make them pay. This will lead to a lot less hassle and create more of a focus for you and your attorney to focus on compensation instead of determining fault. Insurance companies like to point the finger for shared responsibility if it means them saving money.

If you have been injured in a car accident, you have a lot of options about going about your case. A trained Seattle personal injury lawyer will give you all the options at your disposal and help guide you to making the right decisions. Consultations are free and attorneys are paid out of the settlement. Everyone can afford an attorney but no one can afford not to hire one.

Andrew CherinWhy you should have your insurance repair your car?
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Top 5 Things Insurance Companies Don’t Want You To Know About Your Car Accident Case

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As a Seattle personal injury lawyer representing people who are injured in car accidents in Seattle, there are many things I have picked up about insurance companies that they don’t want you to know. Here are a few:

You don’t need to take their offer right now: Insurance companies like to pressure people injured in car accidents to settle now. They will say things like you need to take this offer now or it is going away. This could not be further from the truth. They want to settle your case now and may appear desperate if they pressure you to settle before your injuries have healed. They want you to settle now so you don’t collect more medical bills that they will have to compensate you for. Get the treatment that you need now and ignore their phone calls after you tell them that you will wait until you are healed to start negotiating the settlement of your car accident injury case. However, you have three years to settle or file a lawsuit on your car accident injury case in Washington State or you lose the right to make a claim. This is a long time but not forever.

Insurance companies base their value on your case by the amount of your medical bills, diagnosis, lost wages, and the time it takes you to heal: This may sound controversial but two people injured in a car accident will not have the same case value if one person seeks treatment for their injuries and the other does not by toughing it out. The insurance company seeks proof that you are injured and this is proven by medical records, medical bills, and diagnosis by medical professionals. Going to the chiropractor, physical therapist, or massage therapist is necessary when you are injured and your body and your doctor tells you to. If you don’t go, it will hurt your case and your body by not getting the treatment that you need. This is not milking it but it is foolish to tough it out without the treatment.

You will get more money in your pocket if you hire an attorney: Insurance companies will tell you that you will not get an increase in your offer by hiring an attorney to represent you for your car accident injury case. An attorney will often bring forward a much more sound and thorough description of your injuries and your case, making your case worth much more money. Additionally, a personal injury lawyer can find things you may have over looked like lost wages, vacation time used, sick leave used for your car accident injuries that you are entitled to compensation for. Moreover, your personal injury lawyer will often be able to negotiate down the amount owed back for medical bills paid by your medical insurance or personal injury protection plan.

Use your own insurance to repair your car and don’t accept the defendant insurance’s version of the case to accept 20% fault: Often times insurance companies will try to say that their insured is only 80% at fault because of some bogus reason that somewhat makes sense but doesn’t. This is their way of bullying and throwing their weight around at you. The best thing to do in these situations if you don’t have an attorney is to get your car repaired through your insurance so your insurance can argue the other insurance company is 100% at fault, through inter insurance company arbitration hearings if they are truly set on 80% liability designation. Not a lot of people know this and not a people like to use their own insurance to repair their car because they think it won’t go on their record if they use the other company, which is false. Insurance companies know of every car accident whether you use your insurance or theirs to repair your car. Get your car repaired with your insurance. It will save you the hassle of dealing with situations like this and they will even collect your deductible back for you.

Pre-existing injuries cannot be used against you in a car accident: Pre-existing injuries cannot be used against you in a car accident injury case where you were not actively treating them and they were not giving you pain. The insurance company loves to point out pre-existing injuries in medical records and prior treatment right before a car accident. However, they are not valid arguments unless you were actively treating right before the car accident and continued to treat at the same rate after the car accident. An old injury that flares up or is worsened by a car accident that didn’t require treatment before but does now is a new injury in the eyes of the court. Had it not been for the car accident, you would not have been in so much pain or had to seek the treatment you are seeking now. This is 100% compensable but you may need a lawyer to argue this for you.

I hope you have found these tips useful and enlightening. If you have been injured in a car accident, I would encourage you to hire a personal injury lawyer whether it be myself or someone else. If you know of someone who is going through this right now, please pass along my contact information and this article.

Andrew CherinTop 5 Things Insurance Companies Don’t Want You To Know About Your Car Accident Case
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Why the Seattle new distracted driving law is not over reaching

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A lot of social media posts lately have been highlighting the fact that the new Washington State Distracted Driver Law makes it illegal to eat or drink food while driving, which is a secondary offense under the law. A secondary offense means that you cannot be pulled over for eating or drinking while driving unless you are speeding, run a red light, or do some other traffic violation first – which probably is a good thing to get fined for because eating or drinking while speeding is not a good thing and eating or drinking may have been the distracting reason why someone ran a red light.

The eating and drinking part of the law has created a lot of hoopla because news media outlets have misleading posted screen shots of the law stating eating and drinking is now illegal without also indicating it is actually a secondary offense in addition to another traffic fine.

Here is what the law actually says: Senate Bill 5289 Section 3:

(1)(a) It is a traffic infraction to drive dangerously distracted. Any driver who commits this infraction must be assessed a base penalty of thirty dollars.

(b) Enforcement of the infraction of driving dangerously distracted may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of a separate traffic infraction or an equivalent local ordinance.  

(c) For the purposes of this section, “dangerously distracted” means a person who engages in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such motor vehicle on any highway.

As a Seattle personal injury lawyer representing people injured in car accidents, I have found that a rising number of car accidents are caused because of distracted driving. Additionally, these accidents are often some of the most devastating car accidents. If you are distracted by food or drinks while driving and cause a car accident, your stupidity should get you another fine. If you drive safely focusing on the road and drive correctly without being distracted and causing a car accident or traffic offense, you can drink your coffee and eat food without worry of being pulled over. However, if you are swerving because you are looking down at your spilled drink on your shirt, you deserve a fine.

The distracted driving law is a gigantic improvement in prior law in an effort to combat rising distracted driving because of people on their phone while they are driving and not worrying about others around them. How many times have you seen someone on their phone driving extremely slow and causing backups or swerving from lane to lane on the freeway? Too much! The new laws in place should prevent a lot of car accidents because of people being selfish and thinking about something other than the fast moving killing machine that they are driving.

Andrew CherinWhy the Seattle new distracted driving law is not over reaching
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Dash Cams Save Time and Money?

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With more and more Youtube videos coming out showing someone trying to perpetrate a fraudulent car accident by the perpetrator backing up into a car and trying to blame it on the innocent victim, do we all need dash cams? Could this happen in Seattle instead of China or Russia where most of these videos are taking place? Could a perpetrator try to back up their car into yours and claim a personal injury car accident in Seattle?

Dash cams have been the saving grace for most of these people as once the perpetrator trying to fake a car accident injury case sees the dash cam they high tail it out of there. Dash cams are a great idea because it gives independent evidence of what actually happened instead of a he said she said coupled with the damage to each car. Since most rear end car accidents are deemed the rear end driver’s fault, dash cams could definitely come in handy to prove innocence in these rare but extreme cases.

What else could dash cams help with? Dash cams could help prove liability in a car accident where one person says they had a green light and the other claims they had the green light. They could help prove liability where one person says they had control of an uncontrolled intersection and thus the right of way in a car accident. They would also speed up the liability determination of every case and help get the victim compensation for the damages to their car and help them move forward with their case. They can even record when you are not in the car to record people that crash into your car while it is park or vandalize your car.

How much do dash cams cost and how hard are they to install? Dash cams cost anywhere from $50 to $200 on Amazon with most costing around $100. They range from mounted to the dashboard cams to dash cams that just wrap around your review mirror, with almost instant installation. Most plug into a USB outlet or the cigarette lighter plug. Installation seems like anyone can do it without having it professionally installed.

The video recording on the dash cam mount generally is either saved on a disk on the dash cam and able to be taken out or backed up to your phone with footage being erased and tapped over every 24 hours or 48 hours depending on the model that you have. It’s unclear whether it is driving time, recording time, or just time that quantifies the 24 to 48 hours. You can even use your phone as a dash cam camera with certain mounts.

In summary, dash cams are not very expensive and could save you from a lot of trouble if you don’t have any independent witnesses and one person is claiming something that is untrue in a car accident injury case. While there are ways to prove whose fault a car accident injury case is independent of a witness and a dash cam, it could take a lot of time to figure it out and money to prove whose fault it is. A dash cam would save all this time and bring 100% clarity to most car accidents.


Andrew CherinDash Cams Save Time and Money?
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Can you cross on a counting down blinking hand?

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Seattle is one of the worst cities for controlling pedestrians crossing the street, which has led to some of the worst traffic in a city. While there appears to be many routes out of the city, you will almost certainly be caught in only one car making a light during rush hour due to pedestrians continually crossing all intersections even when the hand is blinking stop. Many car accidents and traffic jams are caused by pedestrians darting in front of traffic.


Can a pedestrian cross the street in Seattle with a blinking or steady don’t walk sign or hand?

According to RCW 46.61.060 states that pedestrians may not enter the roadway when there is a blinking hand or do not walk sign. This means that anyone that enters the roadway when the hand signal is counting down is violating the law and jay walking.

Is the countdown the time you have to cross the street and if you make it you are not jaywalking?

The countdown is not the amount of time you have to cross the street. You cannot jump into the crosswalk and run across in time and be considered to be in compliance with the law. If you start crossing the street after the do not cross sign or hand starts to blink and countdown, you are in violation of the law. You legally cannot start crossing the street no matter if you can make it in time or not if the hand is blinking and the countdown has begun.

Who is at fault if you accidentally hit a pedestrian that runs into the street without notice to you?

Pedestrians generally have the right of way in cross walks and at unmarked cross walks. Cars have a duty to be mindful of people darting into the street and stop if possible to avoid hitting another car or person, according to RCW 46.61.245. However, pedestrians do not have the right of way to just run into the street without looking at traffic no matter if it is a cross walk or not. RCW 46.61.235(2) – No pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.

If you are injured in a car accident or hit by a car as a pedestrian, you have a lot more rights than may appear. You may have a case for personal injury damages even if the police report states that you are at fault. Preserve your rights and your case now by contacting a Seattle personal injury lawyer for your car accident injury case immediately.

Andrew CherinCan you cross on a counting down blinking hand?
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