Andrew Cherin

Seattle pedestrian hit by car jaywalking, can they recover damages?

Seattle injury car accident with pedestrian

Who is at fault in a situations where someone is hit while they are walking across an area of a street that does not have a cross walk or and is not an unmarked crosswalk? There are plenty of areas in Seattle where pedestrians decide to cross the street between cross walks, whether it is to cross to their car, get to a movie theatre, get to a sho, etc. 

If someone is hit as a pedestrian by a car at a non crosswalk area, they can still recover damages from the driver of the other car. Washington State is a comparative fault state so the jury would weigh what percentage of fault each person had for the pedestrian being hit. The pedestrian could be at fault for jumping in front of the car and the car could be at fault for speeding or not paying attention to the road ahead of them. Additionally, the pedestrian would then recover for the personal injury damages they suffered due to the car accident, offset by the percentage they were at fault and the damages they caused to the driver of the car.

In Seattle, pedestrians are required by law to cross the street in a cross walk or at an unmarked cross walk. They are generally not allowed to cross the street in between blocks. This is for the safety of pedestrians and drivers because cars are more likely to see pedestrians at cross walks and at the end of a block.

In addition to being required to cross the street at crosswalks, pedestrians are also not allowed to jump out into the street. They are to wait at the cross walk until a car stops for them before entering the street. This again is for the safety of pedestrians and cars to prevent car accidents. While the pedestrian has the right of way and cars are to yield the right of way to pedestrians, pedestrians cannot jump blindly out into the street and possibly cause a car accident by being hit by the car or causing the car to slam on their brakes and then be rear ended in another car accident.

(1) The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning. For purposes of this section “half of the roadway” means all traffic lanes carrying traffic in one direction of travel, and includes the entire width of a one-way roadway.
(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.

RCW 46.61.240 Crossing at other than crosswalks.

(1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
Andrew CherinSeattle pedestrian hit by car jaywalking, can they recover damages?
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Right of way at uncontrolled T-Intersection turning right?

If two cars reach an intersection at the same time but the car on the right wants to turn right, who has the right of way? Who would be at fault if there was a car accident in this scenario?

There is no law about “T-intersections” in Washington State. Therefore, in order to determine who has the right of way, we must look at other laws. The right of way law at an uncontrolled intersection is governed by RCW 46.61.185. It states that the car on the right is the favored driver if both cars enter an intersection at approximately the same time. This means that the car on the right at an uncontrolled T-intersection would have the right of way. This assumes that there are no stop signs or yield signs governing the intersection, which there most likely would be.

If the car accident happened at a “T-Intersection” in a parking lot, Washington state law in general would apply and the car on the right would have the right of way, assuming they reached the intersection at the same time.

The right of way is not absolute, however, and there are some exceptions. The exceptions include to act reasonably under the circumstances. If you clearly see that the car on the left is not going to stop, you have an obligation to act reasonably and avoid the car accident. You cannot blindly continue straight if you can avoid a car accident. You may be at fault even though you were the favored driver in under the circumstances. This is detailed in the Washington Pattern Jury Instruction 70.02.

WPI 70.02 Right of Way—Uncontrolled Intersection

The favored driver is entitled to rely on the disfavored driver’s yielding the right of way at an uncontrolled intersection until the favored driver reaches that point at which a reasonable person exercising reasonable care would realize that the disfavored driver is not going to yield. Whitchurch v. McBride, 63 Wn.App. 272, 818 P.2d 622 (1991); Maxwell v. Piper, 92 Wn.App. 471, 963 P.2d 941 (1998).

SMC 11.55.010Right-of-way of vehicles approaching an intersection.
RCW 46.61.185
Vehicle turning left.The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
Andrew CherinRight of way at uncontrolled T-Intersection turning right?
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Are SUV’s or trucks safer than sedans for car accidents?

If you are car buying, chances are you have looked at weighing the pros and cons of an SUV (sport utility vehicle) or truck versus a sedan. One of the biggest factors is safety and another may be ease of access and gas mileage.

The law of physics dictates that SUVs are safer because of the higher center of gravity due to the larger size and weight creating more force and less likely to be moved by a smaller sedan. This is the same reason that buses do not have seat belts on them. Buses do not have seat belts because manufacturers of the buses believe that the high center of gravity makes them extremely unlikely to be impacted strong enough by other cars to make much of an impact on the passengers inside them.

Consumer reports posted a study in 2013 and the study found that the odds of death were 7.6 times higher for the car driver than the SUV driver. In crashes where the car had a better front crash-test rating than the SUV did, the car’s driver fared a bit better but was still four and a half times more likely to die than the SUV driver. (Watch crash-test videos.)

However, Consumer reports also states that high center of gravity vehicles are more prone to rollover accidents that are deadly. However, SUV made in 2012 and after are now required to have Electronic stability control (ESC), which prevents rollover car accidents. However, most people that died in rollover car accidents were not wearing their seat belts.

Head on collisions are not the only thing you want to think of, though. Most car accidents are not SUV versus cars in head on collisions. Most car accidents are actually rear end car accidents and side swipe car accidents, even though the most deadly are “T-Bone” and head on car accidents. There are many other safety concerns you want to think of like cars that are up to date with the latest technology including as antilock brakes, traction control, back up cameras, blind spot warning indicators, curtain air bags, stability control, and other accident avoidance features.

Check out consumer reports or other car reviewing companies to figure out the right, safe car or SUV for you and your family. USA Today posted the 2018 IIHS safety picks in December 2017.

Andrew CherinAre SUV’s or trucks safer than sedans for car accidents?
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Don’t change your child’s car seat around too early.

Children are the most vulnerable to injury in a Seattle car accident injury case. In order to protect them, many manufacturers are creating the optimal technology to keep our children safe in a car accident. That is why today’s car seats are made deeper, stronger to hold babies that are bigger than normal babies, and safer. Rear facing car seats are the best for children in head on collisions.This is because of the law of physics and motion where your body will tend to go where the impact comes from. Rear end collisions are not as likely to be as fatal as head on collisions, for this reason, car seats are safest for babies when they are facing backwards.

The optimal position to keep children away from harm in a car accident is reversed in a car seat in the middle position. This is because the reverse facing car seat will protect children in case of a front end head on collision. A head on collision with a rear facing car seat will have the car seat actually cradle the body and head of the baby versus the baby’s head, arms, and feet flailing with a forward facing car seat.

A 2007 study in the journal Injury Prevention that found that children under age 2 are 75% less likely to die or be severely injured in a crash when in a rear-facing car seat.

Riding rear facing is recommended until a child reaches age 2 or the highest weight — typically at least 35 pounds (about 16 kilograms) — or height allowed by the car seat manufacturer.

Convertible car seats are good places to start and invest because you can go from rear facing to forward facing when your baby grows out of rear facing car seats. Car seats are expensive but are vital to your child’s safety and well being.

When your child reaches age 2 or the rear-facing weight or height limit of the convertible seat, you can face the seat forward. When you make the switch:

  • Install the car seat in the back seat according to the manufacturer’s instructions, using either the seat belt or Lower Anchors and Tethers for Children (LATCH) system.
  • Use the tether strap — a strap that hooks to the top of the seat and attaches to an anchor in the vehicle — for extra stability.
  • Adjust the harness straps so that they’re at or above your child’s shoulders and fit snugly.

If you know of anyone injured in a Seattle car accident, contact a Seattle personal injury lawyer for a free consultation today.

 

Andrew CherinDon’t change your child’s car seat around too early.
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Is it safe to buy a used car seat or rent one?

You should always buy a new car seat, if possible. It is one of the few things that you should go out and buy new for your baby as it can keep him or her safe in a car accident. However, there are some times where you may want to borrow a car seat from a rental car agency because you are on vacation or you simply cannot afford a brand new car seat. All car seats that have been in a car accident need to be replaced, even if not visually damaged – this is something that you can get compensation for through your own insurance if you have comprehensive coverage or through the person that caused the car accident when negotiating the property damage portion of your car accident injury case.

If you are going to borrow or buy a used car seat, you should verify that the car seat has not been in a car accident, is not over 6 years old, has not been recalled by the manufacturer, comes with the original manufacturer number and instructions, and has no visible damage or missing parts.

Verify The Age of The Car Seat

Do not buy a used car seat unless you can verify the age of the seat. Most car seats have a manufacturer’s label on the back or bottom of the car seat that gives the manufacture date or a specific expiration date. Harnessed car seats generally last 6 years from the date of manufacture, unless there is a different expiration date marked on the seat.

Verify Expiration Date By Calling Manufacturer

If you’re not sure about the expiration date, call the manufacturer. The date of manufacture and manufacturer contact information must be on one of the seat labels by law. If the labels are missing from the car seat, it’s best not to use it, as the labels would also give you important model information that would alert you to potential recalls.

Check to See if There Has Been a Recall

Check to see that your car seat has not been recalled for some reason. You cannot use a car seat that has been recalled. The National Highway Traffic Safety Administration (NHTSA) have a website that shows all of the recent recalls for car seats.

A Car Seat In a Car Accident Needs to Be Replaced

NHTSA and manufacturers encourage replacement of car seats if there was a car accident in moderate to severe car accidents. They used to encourage getting a new car seat in every car accident but they lowered their standards recently because some people were unable to buy a new car seat and newer car seats are much stronger than car seats used to be.

The NHTSA has recently lowered their standard for determining whether a car seat needs to be replaced in a minor car accident. The NHTSA dictates that a crash is considered minor if it meets all five of the following criteria:

• There is no visible damage to the car seat that might have been caused by the crash.

• The vehicle was capable of being driven from the crash site.

• The car door nearest to the child restraint was undamaged.

• No one in the vehicle was injured in the crash.

• The air bags did not deploy.

However, you probably won’t be able to get all this information from someone that is selling you a used car seat because they may be untruthful or may not have any information about the car accident. It is hard to determine whether a car seat was involved in a serious car accident or not just by looking at it because it may show no visible signs of being damaged.

Original Parts All Intact

You must also determine whether used car seats still have all of the original parts needed for safety. Some parts can be lost over time. One illustration of this is a harness on a combination seat that is removed when the child outgrows it, and is later replaced without a seemingly small piece that affects the function of the harness in a crash.

Insurance Will Pay For a New Car Seat in a Seattle Car Accident

If you have been injured in a Seattle car accident, you should make sure your car seat is replaced and covered in the car accident by the insurance company. Call a Seattle personal injury lawyer today to make sure you get a new car accident included in your car accident injury case.

 

 

 

Andrew CherinIs it safe to buy a used car seat or rent one?
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Where is the optimal place for car seats?

In case of a car accident, you want to give your child the best chance of survival and the best chance for not being injured. Car accidents are a part of life it seems these days, especially in Seattle where traffic is congested, people are highly caffeinated, and the roads are slick. Your baby does not need to be a casualty of a car accident if you take proper precautions. Where is the safest place to put your baby’s car seat to protect them?

The safest place for your child’s car seat is the back seat and away from air bags. The reason why car seats are never supposed to be in the front seat and away from air bags is because the air bag could hit the back of a rear-facing car seat, right where your child’s head is, and cause a serious or fatal injury. A child who rides in a forward-facing car seat could also be harmed by an air bag.

The best place to install a car seat is the back seat. Additionally, even better is the center seat in the back row. This is because there is less risk of glass being shattered into the baby’s face and eyes in case of a “T-Bone” car accident. There is also less chance that the baby or child’s arms or legs will hit the car door or any other objects in the even of a car accident.

The US National Library or Medicine posted a study in 2008 that showed that children sitting in the center seat in their car seat are 43% safer than those that are positioned on one side or the other. Additionally, they posted another study in 2008 that showed that people that are in fatal crashes have a 13% increase in survival if they sit in the center seat versus one of the side seats. A lot of this has to do with cars impacting someone who is seated on the side seats versus the center. The center is relatively protected compared to all other seats from being actually touched by a car, telephone pole, or any other outside force in a car accident.

Installing the car seat in the middle of the back seat is very strenuous on some people and some people may not want to have to reach all the way into the center of the car to put their baby. However, a little extra effort can be the difference between making sure your baby is as safe as possible from car accident injuries and not.

Additionally, car seats are big and can take up a lot of room in your back seat forcing you and your passengers in the front seat to move their seats up to an unsafe position in smaller cars. If a car seat is situated in the center back seat, you and your passenger can put your seats back so your legs are not cramped. If they are on one of the sides, you may have a cramped passenger.

The next safest spot is the passenger side rear seat. This is more due to having to take your child out with cars passing you if you park on a busy street if you had him or her seated behind the driver. Car seats are big and can stick out pretty far. You don’t want to be on the busy street side of your car as long as you have to so you don’t get hit by a car or drop your baby on the street.

NEVER put a rearward-facing baby seat in the front if there is an active passenger airbag. It is illegal and dangerous to do so, because if the airbag goes off, it will hit the baby seat and fling it forward with considerable force.Some people are not fortunate to own multiple cars and can’t easily afford to by a new one, whereby their only means of transportation is front row only pickup truck. If it’s necessary for a child to travel in a vehicle such as a pickup truck that has only one row of seats, deactivate the front air bags.

Andrew CherinWhere is the optimal place for car seats?
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When do you have to stop for school buses?

A lot of people are confused on where and when people are supposed to stop for school buses in Seattle. Some people believe that oncoming traffic doesn’t have to stop but the cars behind the bus do have to stop. When do you have to stop for school buses?

According to RCW 46.61.370 and SMC 11.53.440, you must stop for school buses if you are traveling behind the school bus  no matter the type of road or highway you are on if the school bus driver has their amber stop sign out and flashing. If you are going the opposite direction of the school bus, you must stop for the school bus on all roads except those divided by a barrier or roads with three or more lanes or traffic going each direction.

Stopping for school buses is for the safety of the children on the bus that need to cross the street to get to their house or get onto the bus. Not stopping for buses creates a danger where young children may run into the street and possibly get hit by a car causing a car accident to the young pedestrian. Stopping for school buses helps avoids pedestrian car accidents to young children and preventing significant injuries suffered in Seattle car accidents.

Fines for not stopping for a school bus with a stop sign out on the bus are double and are $419 in King County.

The Seattle school district along with others school districts in King County have installed high resolution cameras on their school bus stop signs to take pictures of license plates of cars that do not obey the stop sign of school buses. The pictures are sent to King County Sheriff to enforce.

During a pilot program last year, Seattle school district officials said they recorded nearly 600 vehicles passing a stopped school bus over 112 school days. While it’s against the law to pass a stopped bus, bus drivers don’t have time to record license-plate numbers and other information on their own.

11.53.440 – Overtaking and passing school bus.

Except as provided in subsections C and D of this section, the driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on a roadway for the purpose of receiving or discharging any schoolchildren shall stop the vehicle before reaching such school bus when there is in operation on the school bus a visual signal as specified in Section 11.82.520 and the driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated.

B.

The driver of a school bus shall actuate the visual signals required by Section 11.82.520 only when the school bus is stopped on a roadway for the purpose of receiving or discharging schoolchildren.

C.

The driver of a vehicle upon a street divided into separate roadways as provided in Section 11.53.080 need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging schoolchildren.

D.

The driver of a vehicle upon a street with three (3) or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging schoolchildren.

E.

The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway. The school bus driver shall actuate the hazard warning lamps a defined in RCW 46.37.215 before loading or unloading school children at such stops.

F.

No school bus shall stop on an arterial street at a location other than an intersection, except at designated bus zones, passenger load zones, school loading zones, or load and unload zones for the purpose of receiving or discharging schoolchildren; provided, that school buses receiving or discharging handicapped, impaired or disabled students may stop at the most advantageous location for loading and unloading. (RCW 46.61.370)

(Ord. 119011 § 13, 1998: Ord. 108200 , § 2(11.53.440), 1979.)

RCW 46.61.370

Overtaking or meeting school bus, exceptions—Duties of bus driver—Penalty—Safety cameras.

(1) The driver of a vehicle upon overtaking or meeting from either direction any school bus which has stopped on the roadway for the purpose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on said school bus a visual signal as specified in RCW 46.37.190 and said driver shall not proceed until such school bus resumes motion or the visual signals are no longer activated.
(2) The driver of a vehicle upon a highway divided into separate roadways as provided in RCW 46.61.150 need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.
(3) The driver of a vehicle upon a highway with three or more marked traffic lanes need not stop upon meeting a school bus which is proceeding in the opposite direction and is stopped for the purpose of receiving or discharging school children.
(4) The driver of a school bus shall actuate the visual signals required by RCW 46.37.190 only when such bus is stopped on the roadway for the purpose of receiving or discharging school children.
(5) The driver of a school bus may stop completely off the roadway for the purpose of receiving or discharging school children only when the school children do not have to cross the roadway. The school bus driver shall actuate the hazard warning lamps as defined in RCW 46.37.215 before loading or unloading school children at such stops.
(6) Except as provided in subsection (7) of this section, a person found to have committed an infraction of subsection (1) of this section shall be assessed a monetary penalty equal to twice the total penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended. Fifty percent of the money so collected shall be deposited into the school zone safety account in the custody of the state treasurer and disbursed in accordance with RCW 46.61.440(5).
(7) An infraction of subsection (1) of this section detected through the use of an automated school bus safety camera under RCW 46.63.180 is not a part of the registered owner’s driving record under RCW 46.52.101 and 46.52.120, and must be processed in the same manner as parking infractions, including for the purposes of RCW 3.50.10035.20.22046.16A.120, and46.20.270(3). However, the amount of the fine issued for a violation of this section detected through the use of an automated school bus safety camera shall not exceed twice the monetary penalty for a violation of this section as provided under RCW46.63.110.

Driving on divided highways.

Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section or by a median island not less than eighteen inches wide formed either by solid yellow pavement markings or by a yellow crosshatching between two solid yellow lines so installed as to control vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, or median island, except through an opening in such physical barrier or dividing section or space or median island, or at a crossover or intersection established by public authority.

 

Andrew CherinWhen do you have to stop for school buses?
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Water causing a car accident – whose fault?

This is the rainy season in Seattle and there is no shortage of water on the road. Seattle wet weather plus Seattle aggressive driving equals car accidents. It is a fact that people in Seattle drive way too fast in the rain. These people must not have been in a car accident yet because if they have been in one they would drive much slower in the rain. Whose fault is the car accident if you drive and slide out because of the rain?

Sliding out or hydroplaning in the rain, is a term that describes cars losing traction with the ground. A car generally loses traction to the ground in wet weather where the car is driving too fast for conditions and there is too much water on the ground.

There is actually a law in Seattle that makes it illegal to drive too fast for conditions. The law states that – “No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.”

Heavy rain qualifies as a potential hazard which requires you to drive slower than the speed limit. A reasonable and prudent person would drive slower if there is heavy rain and water standing on the road.

Therefore, if you hydroplane into another car, you are at fault for the personal injuries that the other person may suffer because of you driving too fast for conditions. Your insurance will cover any injuries and damage that the other person suffered in the car accident. If you have been injured, please contact a Seattle personal injury lawyer immediately for a free consultation.

RCW 46.61.400

Basic rule and maximum limits.

(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
(2) Except when a special hazard exists that requires lower speed for compliance with subsection (1) of this section, the limits specified in this section or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits.
(a) Twenty-five miles per hour on city and town streets;
(b) Fifty miles per hour on county roads;
(c) Sixty miles per hour on state highways.
The maximum speed limits set forth in this section may be altered as authorized in RCW 46.61.40546.61.410, and46.61.415.
(3) The driver of every vehicle shall, consistent with the requirements of subsection (1) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
Andrew CherinWater causing a car accident – whose fault?
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Can Uber or Lyft drivers stop wherever they want?

I know you have all been behind a car that you think is just a random car in Seattle only to find it abruptly stop and throw on its hazard lights. It is so frustrating to be behind what you think is a normal car only to find it stop in the middle of the road and you nearly get in a car accident because they are an Uber or Lyft driver dropping off or picking up a passenger. Is it legal for them to stop in the middle of the road wherever they want and nearly cause a car accident?

It is actually illegal for Uber and Lyft drivers to put on their hazard lights and stop in the middle of the road to allow passengers in or out of their car. This requires a fine and is a moving violation not a parking violation.

SMC 11.72.040 – Blocking or obstructing traffic—Occupied vehicle.

No person shall stop, stand or park a vehicle and remain therein upon or along any street when traffic will be unreasonably obstructed. Violation of this section constitutes a moving traffic violation rather than a parking violation. (RCW 46.61.560)

How then can and should Uber and Lyft drivers let passengers in and out of their car? Uber and Lyft drivers should only let passengers out in designated load an unload areas in downtown Seattle. This is why these areas were created and why no one is allowed to park in these areas.

Some will point to RCW 6.61.560(3) as creating an exception for Uber drivers to use their hazard lights to drop off and load passengers. However, this subsection only applies to public transport and non profit organizations that transport disabled people. This subsection does not create an exception for Uber and Lyft which are for profit organization who are not primarily transporting disabled people.

RCW 6.61.560(3) Subsection (1) of this section does not apply to the driver of a public transit vehicle who temporarily stops the vehicle upon the roadway for the purpose of and while actually engaged in receiving or discharging passengers at a marked transit vehicle stop zone approved by the state department of transportation or a county upon highways under their respective jurisdictions. However, public transportation service providers, including private, nonprofit transportation providers regulated under chapter 81.66 RCW, may allow the driver of a transit vehicle to stop upon the roadway momentarily to receive or discharge passengers at an unmarked stop zone only under the following circumstances: (a) The driver stops the vehicle in a safe and practicable position; (b) the driver activates four-way flashing lights; and (c) the driver stops at a portion of the highway with an unobstructed view, for an adequate distance so as to not create a hazard, for other drivers.

Andrew CherinCan Uber or Lyft drivers stop wherever they want?
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Is smoking and driving illegal in Seattle?

With Washington State’s new distracted driving laws in full effect, many things you do while in the car can now be a fineable and insurance reportable offense. Smoking a cigarette, not an e-cigarette or vape pen, while driving is a highly distracting behavior and should be a primary offense but it is not. Smoking while driving is a secondary offense in Washington State. This means that if you must have committed another driving offense you can get a ticket for smoking while driving  in addition.

You can get a ticket for a secondary offense called dangerously distracted driving if you are doing any activity not related to driving that in the officer’s view interferes with driving safely, which includes smoking a cigarette. If an officer sees you make an illegal lane change, drive in an erratic manner, speed, run a stop sign, cause a car accident, fail to yield to a pedestrian, run a red light, or commit any other traffic stop worthy offense, you can be ticketed for an additional penalty if you were smoking a cigarette and the officer believes this contributed to your distraction.

Smoking a cigarette while driving is a highly distracting behavior that causes dangers to those around them and those riding in the car with them. If a driver decides to start smoking during their drive, they must take one hand off the wheel and look around their car for the cigarette and lighter, they must physically look away from the road in front of them, and they must be very careful to light the cigarette on the steering wheel. Additionally, they will need to ash their cigarette either into the car’s cigarette tray or out of the window. The entire process of lighting and smoking a cigarette while driving is extremely dangerous.

The National Institutes of Health published a report examining the impact of smoking while driving and its consequences. The study found that on average, drivers who were smoking were even more distracted than people who used a cell phone. Cigarette smokers averaged 12.0 seconds of distraction (equitable to traveling 525 feet without looking at the road), while cell phone users averaged 10.6 seconds of distraction (traveling 492 feet).

The Federal Motor Carrier Safety Administration conducted a 5-year study into the dangers of smoking while driving a truck and discovered that smoking was a source of distraction in about 1 percent of all distraction-related car accidents for truck drivers. This is also just the reported number of people that said that they were smoking. Many people probably didn’t say that they were smoking because they were embarrassed or ashamed.

The ticket price: An additional $99 is added to the other primary offense.

Dangerously distracted driving.

(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.
Andrew CherinIs smoking and driving illegal in Seattle?
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