Andrew Cherin

Andrew Cherin

Duty to Seek Treatment ASAP?

August 15, 2017 Andrew Cherin , , ,

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?

August 7, 2017 Andrew Cherin ,

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

July 31, 2017 Andrew Cherin ,

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

July 26, 2017 Andrew Cherin ,

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?

July 23, 2017 Andrew Cherin , ,

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?

July 5, 2017 Andrew Cherin , , ,

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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Stigmatism around suing ill founded?

June 28, 2017 Andrew Cherin ,

When people are injured in car accidents, they ask themselves should they “sue” the person that caused the car accident. When people think “suing” someone, they think going to trial. When people think going to trial, they think having to testify. When they think about testifying, they think, “will people actually believe me or think of me as greedy.”

Why do people believe that if a car accident injury case for personal injury damages goes to trial the person who filed the lawsuit was not really hurt?

Why has America gotten this crazy idea that everyone who makes a case against the insurance company or hires a lawyer has to file a lawsuit to get a settlement and associates this with “suing” someone? This line of thinking is propagated throughout American culture where people don’t want to be that person that “sues” someone over a car accident injury. They don’t want to be thought of in the same clout the McDonald’s coffee case – which has been extremely unfairly characterized by the media and modern society.

Who controls most of the television airwaves with billions of dollars spent on commercials every year? The insurance companies.

Who benefits from this line of thinking where people don’t want to use their insurance to pay for a car accident – even though everyone in the US who drives a car pays $1,000’s of dollars each year on for this very situation – because they believe their insurance rates will go up if they make a claim? Who benefits from someone not making a claim against the other person’s insurance company because they don’t want to cause problems for that person or be looked at as greedy? The insurance company is the answer.

We need to change this line of thinking if we are ever going to truly compensate everyone who deserves to be compensated for devastating injuries to those who have suffered minor injuries. Everyone needs to be compensated for something they have suffered even if it is only worth compensating them $1,000 plus paying for their chiropractic or physical therapy treatment to stop their constant neck or back pain while driving or working. Doesn’t everyone deserve a good night’s sleep or the ability to function without pain like they did before the car accident injuries?

Who actually pays when you sue someone?

The insurance company is the one that hires the lawyers to defend the person that caused the car accident injuries. The insurance company is the one who will pay if there is an award at trial by the judge or jury to compensate the person injury in the car accident. The insurance company is the one who pays if you settle a case. There is almost no chance the person that causes a car accident will have to pay out of pocket because everyone has insurance and is required to have insurance. Everyone thinks why would you do that to this person or that person when a lawsuit is filed against someone but is COMPLETELY ILL FOUNDED. The insurance company is the one who is going to write the check and the other person may have to pay $100 more a year. Would you save someone $100 and the insurance company $100,000 because someone says you shouldn’t sue the person that caused the car accident or go after their insurance?

Everyone can afford to hire a lawyer but you cannot afford not to hire one – most cases don’t go to trial.

Hiring a Seattle personal injury lawyer to represent you for a car accident injury case does not mean that we are going to have to “sue” someone. To the contrary, most cases are settled with insurance companies outside of court for fair compensation without having to file a lawsuit/sue someone. Most people do not know this because of society’s view on hiring a lawyer and associating that with filing a lawsuit every time. Everyone needs a lawyer for their personal injury car accident case to negotiate a fair settlement but not everyone hires one because of this stigmatism.

Andrew CherinStigmatism around suing ill founded?
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Top 5 Tips to Negotiate Your Car Accident Injury Case

June 27, 2017 Andrew Cherin ,

If you are injured in a car accident, I highly recommend hiring a Seattle personal injury lawyer to represent you for your car accident injury case. If you decide to try to negotiate the car accident injury case on your own with a trained negotiator like the insurance adjuster on the other side, which I highly discourage, here are 5 tips to negotiate your case.

1. Wait until you are fully healed to start negotiating your settlement

Too many people get notices from insurance companies in the mail at the outset of their case and throughout their case saying they need to take this offer now or lose the offer. This is an insurance trick to try to get you to settle early before all your injuries are healed leaving you with more time at the chiropractor with more bills that need to be paid from your settlement, or leaving you in pain with no treatment. Ignore the insurance company until you are healed and given the ok to stop treatment by your doctor, chiropractor, or physical therapist.

Once you are healed, you have an idea of what your medical bills are, how long it took you to heal, what your injuries were, and how much you lost because you missed work due to your injuries or had to use vacation or sick pay (which are compensable).

2. Calculate all your expenses and include copies of them all to the insurance

You are entitled to compensation for medical bills, lost wages, future lost wages, lost earning capacity, future medical treatment, and pain and suffering. Collect all your medical bills from all of your providers and add them all up. Collect all your pay stubs and notes from doctors and employers showing days missed and excused work. If you have suffered a permanent partial disability as a result of the car accident, take your current salary and discount it by your disability and multiply that by your expected working life, which give you your lost earning capacity or future lost wages. Include all of these bills in your negotiation with the insurance company.

3. Get all your medical bills paid by your medical insurance or your auto insurance

If you get your medical bills paid up front, sometimes you can negotiate with insurance companies how much they are owed back from the settlement. Most importantly, however, is that you will be able to get the treatment that you need for your car accident injuries. If you are unlucky to not have these great insurance plans to pay for your treatment, you may not be able to afford the treatment out of pocket, which you will not be able to pay for until after you have settled the case giving a lot more weight to the insurance company adjuster’s pressure for you to settle now to pay for your medical bills. They will not pay for your medical bills until you settle with them, unless your are a passenger, pedestrian, or bicyclists who qualify for PIP from the defendant’s insurance company separate from the settlement.

4. Collect all your medical records and get a letter from your doctor linking injury to car accident

When you are negotiating with the insurance company’s adjuster, you need to come prepared with medical jargon knowledge. You need to know what your injuries were and what the treatment for them consisted of. If you don’t know the language and what injuries are severe and what are minor, you will not have any leverage on the insurance company. They have all the money but you have some power if you know what your case is actually worth and what your injuries suffered are.

5. Search on line for your case value and start off negotiations much higher than where you want to end up

Every case is different so there is no bright line rule on how much your case is worth. You will find some people getting different values for same injuries because of a number of factors that no two people truly share. Two cases with the same injuries can be worth far different amounts because of how much treatment each person actually does, the cost of their treatment, the duration of their treatment and pain, and the amount of lost wages each has. If two people have identical treatment and injuries but one person makes $100 an hour and the other makes $10 an hour and they both missed 10 hours of work, the first person gets an additional $1,000 while the second person only gets $100, a difference of $900.

Because there are so many factors that go into determining how much a case is worth and how much more knowledge insurance adjuster’s have of case worth and pressure they put on you to settle from the outset, I highly recommend you hire a Seattle personal injury lawyer for your car accident injury case. Consultations are free and we are paid out of the settlement so everyone can afford to hire one but you cannot afford to not hire one as a result of what you could be missing out on.

Andrew CherinTop 5 Tips to Negotiate Your Car Accident Injury Case
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Is your truck restricted from the HOV lane and the far left lane? Can Semi Trucks Drive in the Left Lane?

June 26, 2017 Andrew Cherin ,

Semi trucks and large trucks can cause devastating car accidents with severe injuries to any cars that come in contact with them. For this reason, we would like most semi trucks and large trucks to refrain from driving in the far left lane, the fast lane, and driving fast. But what does the law say about these trucks driving in the fast lane and the HOV lane?

Have you ever wondered what lane a semi truck can drive in? It seems like it should be illegal for semi trucks, trucks hauling trailers, and box trucks for delivery to be driving in the far left hand lane or the HOV lane doesn’t it? Apparently in most parts of the state, semi trucks and trucks over 10,000 pounds are not allowed in the far left lane on three lane roads in each direction except for a few exceptions.

The exceptions are fairly large, however, which covers Highway 2 and Interstate 5 interchange in Everett all the way down to I-5 near South Center in Tukwila, WA. However, southbound I-5 has an exception that allows trucks to drive in the left hand lane all the way down toto exit 151 and then again from exit 135 to I-5 exit 130 near the Tacoma Mall in Tacoma, WA so long as the left lane is used to facilitate passing slow traffic. There are other areas in Washington that allow for semi trucks and other trucks that weigh over 10,000 pounds to drive in the far left lane including I-90 eastbound and westbound in the Seattle area, areas around Vancouver, WA, and areas around Tri-Cities. The full code is below in WAC468-510-020.

This means that the box truck or semi truck that is driving next to you in Seattle can probably drive in this lane. Not a lot of semi trucks actually use this small exception because for all intended purposes it is generally forbidden in all areas of the state and other states. This also means that if your truck weighs over 10,000 pounds, it too cannot drive in the far left lane of a road with three lanes going in each direction except for in the areas outlined in the code.

Semi trucks are not allowed in HOV lanes. HOV lanes restrict cars or trucks that weigh over 10,000 pounds no matter the number of passengers unless it is a bus with 16 or more capacity or municipal transport vehicle. This means that if your truck is over 10,000 pounds, you cannot drive in the HOV lane unless you are considered a recreational vehicle.

Can you drive your 10,000 pound truck in the far left lane or the HOV lane? Many trucks weigh over 10,000 pounds but you may not even think about it. However, there is an exception to the 10,000 pound limit so long as it is a recreational truck. A recreational vehicle is defined as a vehicle used exclusively for noncommercial purposes which are designed for recreational, camping, or travel use; towing a horse trailer; or rental truck with no more than two axels used strictly and exclusively to transport personal possession. Most personal usage trucks would qualify under this exception.

This means that commercial trucks cannot drive in the HOV lane but may be able to drive in the far left lane under certain circumstances and places. However, this also means that if your truck weighs over 10,000 pounds, it too cannot drive in the far left lane of a road with three lanes going in each direction except for in the areas outlined in the code but you may drive in the HOV lane in all areas? Weird. This is because the 10,000 pound limit does not have the recreational vehicle exception in the code for far left lane usage but does in the HOV lane law.

 

WAC 468-510-020

Left lane restrictions.

(1) RCW 46.61.100(3) mandates that no vehicle towing a trailer or no vehicle or combination over 10,000 lb. may use the left lane of limited access roadways having three or more lanes in one direction, and that a high occupancy vehicle (HOV) lane is not considered the left hand lane of a roadway. Within this section, 10,000 lb. means 10,000 lb. gross vehicle weight (G.V.W.).
(2) RCW 46.61.100(3) further mandates that the department, in consultation with the Washington state patrol, shall adopt rules specifying those circumstances where it is permissible for other vehicles to use the left lane in case of emergency or to facilitate the orderly flow of traffic, and those segments of limited access highways exempt from the subsection due to the operational characteristics of the roadway.
(a) For the types of vehicles specified, and under the circumstances enumerated in (a)(i) through (vii) of this subsection, the left lane prohibition described in subsection (1) of this section does not apply to:
(i) Motorcycles towing trailers.
(ii) Class B motor homes, commonly called conversion vans, without a motor vehicle or trailer in tow.
(iii) Tow trucks weighing over 10,000 lb. G.V.W. when en route to an emergency on a specific roadway or roadside.
(iv) Fire trucks or emergency care vehicles weighing over 10,000 lb. G.V.W. when en route to an emergency.
(v) Any vehicle towing a trailer or vehicle or combination weighing over 10,000 lb. G.V.W. when one or more of the lanes are blocked because of an accident, other incident, or highway maintenance or construction activities.
(vi) Any vehicle authorized to use a HOV lane that would otherwise be prohibited from the left lane within two miles approaching the beginning of a HOV lane or following the terminus of a HOV lane.
(vii) Any department of transportation vehicle towing a trailer or weighing over 10,000 lb. G.V.W. when conducting official business within the left lane.
(b) On the roadway portions enumerated in (b)(i) through (viii) of this subsection, the left lane prohibition described in subsection (1) of this section does not apply:
(i) On northbound and southbound Interstate 5 in the Vancouver vicinity, from the Washington/Oregon state line to exit 3 at Main Street.
(ii) On northbound Interstate 5 in the Vancouver vicinity, from the confluence of Interstate 205 to exit 9 at 179th Street.
(iii) On southbound Interstate 5 in the Vancouver vicinity, from exit 9 at 179th Street to exit 7 at Interstate 205.
(iv) On northbound Interstate 5 in the Seattle/Everett vicinity, from exit 154A at I-405 to exit 194 at SR 529.
(v) On southbound Interstate 5 in the Seattle/Everett vicinity, from exit 189 at SR 526 to exit 154A at I-405.
(vi) On eastbound and westbound Interstate 90 in the Seattle vicinity, from exit 2A and 2B respectively at Interstate 5 to exit 10A at Interstate 405.
(vii) On eastbound and westbound Interstate 182 in the Tri-cities vicinity, from exit 4 to exit 12A.
(viii) On northbound and southbound Interstate 205 in the Vancouver vicinity, from the Washington/Oregon state line to the termini of the three lane sections about one-half mile south of exit 32.
(c) On the roadway portions enumerated in (c)(i) and (ii) of this subsection, the left lane prohibition described in subsection (1) of this section does not apply to any vehicle, except trucks over 10,000 lb. G.V.W., when using the left lane for passing to facilitate the orderly flow of traffic:
(i) On southbound Interstate 5 in the Southcenter vicinity, from exit 154A at I-405 to exit 151 at South 200th Street.
(ii) On southbound Interstate 5 in the Tacoma vicinity, from exit 135 at SR 167 to exit 130 at South 56th Street.

WAC 468-510-010

High occupancy vehicles (HOVs).

Pursuant to RCW 46.61.165 and 47.52.025, the department has reserved portions of interstate highways, state highways, and ramps, as HOV lanes for the exclusive use of public transportation vehicles or private motor vehicles with the number of occupants specified on signs. Motor vehicles authorized to use HOV lanes are:
(1) Rubber tired municipal transit vehicles conforming to RCW 46.04.355.
(2) Buses with a carrying capacity of sixteen or more persons, including the operator.
(3) Motorcycles conforming to RCW 46.04.330.
(4) Recreational vehicles with the number of occupants specified on signs.
(5) Official marked law enforcement and fire department vehicles equipped with emergency lights and siren, operated by an on-duty state patrol, local, or county law enforcement personnel, or on-duty local, county, or special district fire department personnel.
(6) All other vehicles with the number of occupants specified on signs, except that trucks in excess of 10,000 lb. G.V.W. are prohibited from the use of HOV lanes regardless of the number of occupants. Tow trucks that would be otherwise prohibited because of weight or number of occupants may use HOV lanes when en route to an emergency on a specific roadway or roadside.

WAC 308-100-210

Recreational vehicle—Definition.

For the purposes of RCW 46.25.050 (1)(c), the term “recreational vehicle” shall include vehicles used exclusively for noncommercial purposes which are:
(1) Primarily designed for recreational, camping, or travel use;
(2) Towing a horse trailer; or
(3) Rental trucks having no more than two axles (one steering and one drive axle) used strictly and exclusively to transport personal possessions.
Andrew CherinIs your truck restricted from the HOV lane and the far left lane? Can Semi Trucks Drive in the Left Lane?
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Left lane for passing only law crackdown

June 20, 2017 Andrew Cherin , ,

We have all seen all over the news recently about Seattle and Washington State’s crackdown of left lane drivers/campers by Washington State Patrol. The Washington State Patrol will be doing a focused effort June 20-22 to crack down on left lane campers. We all like that police are cracking down on drivers in the left lane driving too slow, but what does the law actually say?

Many news media are reporting that the left lane is only to be driven in when passing someone or for emergency lane use only. Is this right, or is it to only stop people that are driving slow in the left lane and what is slow? Does slow mean driving under the speed limit? Is the left lane only for people driving over the speed limit then? Let’s examine the law to figure out what it actually says and means.

The Washington State Patrol released a statement that has been interpreted by news media far differently but here is what it actually says:

RCW 46.61.100 requires all vehicles to keep right except when passing on multiple lane roadways. Left lane “campers” are drivers who remain in the passing lane (left lane) for long periods of time without passing.

The WSP targets left lane violators to educate them on the consequences of “camping” in the left lane. Left lane camping can lead to road rage, aggressive driving, traffic congestion, and collisions. If you’re caught camping in the left lane it could result in a $136 ticket.

RCW 46.61.100 – Keep Right Except When Passing, etc.
(2) Upon all roadways having two or more lanes for traffic moving in the same direction, all vehicles shall be driven in the right-hand lane then available for traffic, except (a) when overtaking and passing another vehicle proceeding in the same direction, (b) when traveling at a speed greater than the traffic flow, (c) when moving left to allow traffic to merge, or (d) when preparing for a left turn at an intersection, exit, or into a private road or driveway when such left turn is legally permitted. On any such roadway, a vehicle or combination over ten thousand pounds shall be driven only in the right-hand lane except under the conditions enumerated in (a) through (d) of this subsection.
(4) It is a traffic infraction to drive continuously in the left lane of a multilane roadway when it impedes the flow of other traffic.

What does it mean? These are the two relevant passages of the law that figure into when someone can drive in the left hand lane and when they must not drive in the left lane. Basically, the law is saying that you must drive in the right hand lane when it is open. Does this mean the far right lane or does this include the center lane?

If this is taken from the context of what is written it appears to be saying on a three lane road that all traffic is to drive in the far right lane. Then if someone is driving faster than a person in the far lane, they may drive in the center lane. If someone is driving faster than traffic in the center lane, they may drive in the far left lane. However, once each person has overtaken the other driver, they must move to the right lane again unless someone is driving slower than them in this lane.

When do people get in trouble then by the police? RCW 46.61.100(4), however, states that it is only a traffic infraction when someone is driving in the left lane when it impedes traffic behind them. Therefore, you can only get a ticket when you are blocking people behind you, it appears. Therefore, you can drive in the left lane or center lane when you are driving faster than the car on your right but you may get a ticket if there is someone behind you that wants to drive faster than you in the far left lane. You need to move over if someone is driving faster than you no matter if they are going over the speed limit.

Tricky Scenario? Basically the police have a decision to make at this point, do they want to target the speeder who is going over the speed limit in the far left lane or do they want to go after the person driving the speed limit who is technically passing someone in the middle lane who is going slower than them? The speeder could technically be right on the person in the far left lanes butt and then continue to go far over the speed limit but the police officer could pull over the person who is driving the speed limit and passing someone on the right because the law says they are impeding the flow of traffic behind them.

The left lane is the lane that people drive the fastest in and is the lane of traffic in which the most severe car accident happen in. This is because speed is the biggest contributor to determining how severe a car accident will be. However, most car accidents occur in the far right lane but those are less severe and are generally due to merging traffic going on and off the freeway. Seattle personal injury lawyers have seen these car accident scenarios far too often.

If you have been injured in a Seattle or Washington State car accident, please contact me ASAP before you lose your rights or give away your case for far less than you deserve.

 

Andrew CherinLeft lane for passing only law crackdown
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