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Uber or Lyft Car Accident: Distracted Driving and Coverage

January 5, 2018 Andrew Cherin Car Accidents, Insurance, Lyft, Uber

If you have ever been in an Uber or Lyft, you know that the Uber or Lyft driver relies heavily on navigational equipment in their car to get you from point A and point B. This reliance on the navigational equipment to get you to a point the driver has probably never been before can create a hazard to other drivers as the driver constantly looks at their navigation app and could cause a Seattle car accident.

There is a high degree of attention that must be paid to the road when navigating Seattle streets due to the many one way streets, heavy traffic, hills, and fast drivers. If an Uber or Lyft driver is looking at their navigation device while driving in an unknown area with heavy traffic, they may get into a car accident because of their distracted driving that may cause injury to their passenger or other cars around them.

If you are in a car accident and are injured by the result of the negligence of an Uber or Lyft driver in Seattle who was distracted, there are many confusing insurance scenarios on who is responsible for the car accident. Uber and Lyft have certain legal requirements and varying insurance coverage depending on whether they are picking up a passenger, looking for a passenger, or off work. The insurance coverage required for each situation varies largely with each scenario.

If an Uber or Lyft driver has a passenger and is driving them to a destination, Seattle and Washington law requires Uber and Lyft to cover any liability charged to their driver as a result of their negligence that causes a car accident injury to their passengers or people in other cars. This is the time where Uber and Lyft will have their most insurance coverage for you. They are required to have $1,000,000 in insurance coverage.

However, if you are injured by an Uber driver who is searching for a passenger, the insurance coverage available to you may be far less. This insurance coverage may not be enough to cover any injury requiring a hospital visit and extensive physical therapy or chiropractic treatment, let alone a surgery.

Additionally, if you are injured by an Uber driver who is not actively searching for a passenger, their own insurance will cover your injuries. These Uber or Lyft drivers may only have the minimum insurance policy of $25,000 required for liability in Seattle and Washington State. If you are injured in an accident with minimum coverage, this amount may be exhausted with a hospital visit and extensive physical therapy of chiropractic treatment.

Moreover, if an Uber or Lyft driver does not have their ridesharing app on showing that they have a passenger or are looking for a passenger when the car accident happens, Uber and Lyft may claim no responsibility for the car accident and say that the driver must use their own insurance and they claim no responsibility for their driver even if their driver did in fact have a passenger or was actively searching for one. This comes into play even more so if there are no witnesses to prove otherwise.

For these reasons, it is a good idea to get a Seattle personal injury lawyer immediately following a car accident injury with an Uber or Lyft driver. Call today for a free consultation. Seattle personal injury lawyers are paid out of the settlement so their is never any out of pocket costs to you. This way everyone can afford a Seattle personal injury lawyer but you cannot afford not to have one.

What is lane sweeping and is it illegal?

January 4, 2018 Andrew Cherin Car Accidents, Driving Tips, Law, Liability

Lane sweeping is not what you think – a person with a broom sweeping a lane. Lane sweeping is avoiding a lane of traffic in order to get into another on a turn. However, some studies have shown that 50% of drivers commit lane sweeping turns. Lane sweeping is extremely dangerous and can cause severe car accidents and injuries.

If you are turning right or left, you must turn into the lane closest to you. You may not turn into the next lane over just because that is the more ideal lane that you want to be in. You must first enter the lane closest to you and then signal and change into that lane 100 feet later and not immediately.

If someone hits you because they are lane sweeping, they are at fault. You have the right to the closest lane to you and they have the right to the lane closest to them. It can be difficult to maneuver if you are the one turning left and there are cars that could be going straight or turning. You should make sure you recognize the intention of the driver in front of you before proceeding into a left hand turn across oncoming traffic without a green arrow. If a car is going straight, they have the right of way in a non green arrow situation.

RCW 46.61.290

Required position and method of turning at intersections.

The driver of a vehicle intending to turn shall do so as follows:

(1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

(2) Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the vehicle. Whenever practicable the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered.

Hitching a ride on a car like Marty McFly legal?

January 3, 2018 Andrew Cherin Uncategorized

We have all seen the scene in Back to the Future where Marty McFly hitches a ride on the back of a car with his skate board and then again on a hoverboard to get around. We all thought, “how cool is that?!” However, is this a legal move to do in Seattle on a skateboard?

It is illegal to ride on the back of a car on a skateboard or any other bike or toy. There is actually a law on the books that I would like to coin the Marty McFly law: RCW 46.61.765:

RCW 46.61.765 Clinging to vehicles.

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

I tried to look up the original bill to determine where the law came from and where it was established but I couldn’t. I would like to think that this probably came around during the time the Back to the Future movies came out but I cannot be sure. It may have been a popular thing to do when skateboards came out.

According to Wikipedia – Skateboarding, as we know it, was probably born sometime in the late 1940s, or early 1950s, when surfers in California wanted something to do when the waves were flat. This was called “sidewalk surfing” – a new wave of surfing on the sidewalk as the sport of surfing became highly popular.

I think it is probably pretty obvious why this is illegal. It is highly dangerous and a high likelihood of injury by the person riding on the back of the car. It could easily create a car accident whereby the skateboarder loses control because of the high speeds and either gets ran over by another car or is flung off their board causing injury.

Can you pass someone parallel parking?

January 2, 2018 Andrew Cherin Uncategorized

Have you ever sat behind someone parallel parking and wondered if you can pass them? Who is at fault if you hit them when passing?

In general, a person who is parallel parking has the right of way to the spot they are occupying and other vehicles must yield the right of way that they have to parallel parking. However, a car may pass a parallel parking car so long as there is room on the other side and the law allows so.

A parallel parking car may not occupy another car lane when they are attempting to park. This means that they may not swing so wide that they come into contact with someone in the lane next to them.

If a car comes in contact with the parallel parking car by trying to pass them without sufficient space, they may be cited for following too closely or not driving in their lane of traffic. However, this does not mean that you have the right to reverse into another car. Each car must be prudent in their attempts to avoid coming into contact with other cars.

If you have been injured in a car accident with someone who was parallel parking or you yourself were parallel parking and someone hit you, call today for a free consultation.

The type of music you listen to affects your driving?!

December 8, 2017 Andrew Cherin Car Accidents, Driving Tips

Did you know that the type of music you listen to can affect your driving tendencies and make you much more likely to get into a car accident? It can also determine if you get pulled over for speeding, running red lights, and increase the chances of you getting into a high speed car accident. I’ve noticed it myself in my own driving and others but finally a study was done to prove my subconscious hypothesis.

An Israeli study connected test subjects to heart monitors and put them through a driving simulator while they listened to music of varying tempos. A no-music control group experienced significant heart rate fluctuation while driving — that is, their heart sped up when things got exciting, like if a pedestrian jumped in the street. But those who were listening to any type of music saw their heart rate stay level.

At first glance, this suggests that the drivers who were listening to music were more calm, and thus more careful drivers than the control group. But it was the opposite was actually true. The people listening were calm (maybe), but only because they were less focused on driving than the control group — they were placated by the music.

The study also showed that drivers who were listening to higher-tempo music (between 120 and 140 beats per minute, the speed of most dance and techno music) were twice as likely to blast through red lights and had twice as many accidents as those who were listening to slower music or the deafening echo of their own thoughts.

Moral of the story: If you want someone to drive slower, turn the station to something with little beat to it such as smooth Jazz, talk radio, books on tape, or classical music. Skip the EDM music if you want your driver to drive slow, unless you want to get somewhere quickly.

Dangers of the turn lane: First in time = right of way?

December 7, 2017 Andrew Cherin Car Accidents, Driving Tips, Law, Liability

Turn lanes are some of the most misunderstood traffic lanes. Not many people know how early is too early to get into a turn lane and who has the right of way to it. This is so misunderstood that many car accidents are caused because of the confusion on who has the right of way.

Today we will focus on who has the right of way when you turn into the turn lane ahead of other traffic and another car in front of you wants to turn into the turn lane and crashes into you. Who is at fault for this situation?

A number of driving rules come into play in this situation: When can you be in a turn lane? What can you use the turn lane for? Who has the right of way once you establish yourself in the lane?

The law on turn lanes:

RCW 46.61.290(3)(c) Upon a roadway where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from either direction, no vehicles may turn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. No vehicle may travel further than three hundred feet within the lane. A signal, either electric or manual, for indicating a left turn movement, shall be made at least one hundred feet before the actual left turn movement is made.

The law on changing lanes:

RCW 46.61.305 (1) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided. (2) A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

Conclusion:

If you have established yourself in a turn lane by giving proper notice and are within 300 feet of your turn, you have the right to the turn lane as being first established in the lane even though a car in front of you wants to be in the lane as well. The earliest you can change lanes into a turn lane is 300 feet before your turn or the length of a football field. Additionally, just because a car is in front of you doesn’t mean they have the right of way into the turn lane. A car that has fully established itself in the lane legally has the right of way to that lane. A signal of lane change must be made at least 100 feet before the turn to give adequate notice to those around you.

Speeding and illegal lane changes can come into play to say otherwise on this one. If you have been injured in a car accident, contact your Seattle personal injury lawyer today for a free consultation. We are paid out of the settlement making it so anyone can afford to hire us.

What do I tell the insurance company after a car accident?

December 7, 2017 Andrew Cherin Bike Accidents, Car Accidents, Insurance, Tips

After our clients have been injured in a Seattle car accident, two of the first questions they ask us are: “What should I say to the insurance company both mine and the defendant’s? What should I not say to the insurance company?”

The most important thing to keep in mind when speaking with an insurance company is to be very cautious and guarded, even if it is your own insurance company, because their mission is to find out whatever information benefits them.

You may think that they have your best interests at heart, but they are a business and thus they want to save money by paying as little as possible to you for your car accident injuries. This means that they will either try to minimize your claim or deny it altogether, depending on the information they obtain from you. This is why it is best if you say as little as possible. Anything you say can be twisted to be used against you and in favor of the other party.

ONLY GIVE OBJECTIVE INFORMATION WHEN REQUESTED

When dealing with the other driver’s insurance company, it is best if you only give objective information that is requested, such as the date of the Seattle car accident, your insurance policy information, and your contact information, and that you would like to talk to your personal injury lawyer if more information is requested. You only want to give them information when they request it and nothing more.

Most people will down play their injuries initially because they don’t want to be looked at as weak or meager. Additionally, people don’t want to say they are injured and how bad because they are uncomfortable talking about their pain and vulnerability after a car accident. For this reason, many men do not file a personal injury case against the insurance company and will rather tough out injuries and not seek treatment unless they need surgery.

In terms of your own insurance company, you have an obligation under your insurance contract to speak with them, but you still want to be very cautious about anything you sign or about giving a recorded statement. In your recorded statement it is ok to consult with your attorney before talking. Additionally, you can say that you do not know the extent of your injuries and you are currently seeking medical treatment for the injuries you suffered in the car accident.

If you have been injured in a Seattle car accident, you should think about talking to a Seattle personal injury lawyer first to determine your rights and what you are entitled to. You could be entitled to $10,000 or more for your car accident injury case. Best of all, consultations are free and Seattle personal injury lawyers are only paid out of the settlement and do not charge anything if we cannot recover anything for you. Anyone can afford a personal injury lawyer but you can’t afford not to have one against the insurance company.

Geico Car Accident Injury Cases

October 25, 2017 Andrew Cherin Car Accidents, Insurance

Many people have asked me what do I think of certain insurance companies compared to others in car accident injury cases in Seattle. I have experience with most insurance companies both from a 1st party (your own insurance company) and 3rd party (the defendant’s insurance company) view points. I want to break down my thoughts on each insurance company and how they handle these cases from both sides view points.

Every insurance company is in the business of making money first and foremost. While the insurance adjuster on the other line may sound very nice and genuine, they do not have your best interests in their forethought. They are first and foremost trying to have you settle your case for as little money as possible as soon as possible. This is why they want to have you give them statements, give them authorization to all your medical records ever, and tell you they have the money and this is how much your case is worth with a deadline to take it or the money goes away.

Geico is no different from these other insurance companies. They spend billions of dollars (it seems) on car insurance commercials every year. From the Geico Gecko, to the Caveman, to the many other crazy commercials, they spend a ton of money on advertising. They spend a ton of money on advertising to sign up as many people as possible. To offset these costs, they want to pay out as little as possible on your car accident injury case and their insurance adjusters reflect this mindset.

Geico as a 1st party insurance company in regards to PIP (personal injury protection) and paying you for your medical records are ok. They will for the most part pay most if not all of your medical bills without making reductions. They will not often threaten IME (independent medical examinations) to see if their doctor believes you need further treatment regardless of what your doctors are saying. An IME is a way for them to stop paying for your medical bills, or at least that is what they want to make you think.

However, if you have Geico insurance and the person that caused your car accident does not have insurance and you have UIM (uninsured motorist insurance), Geico is very tough to settle cases with. They will basically treat you as if they represent the defendant and will make all excuses or arguments that the defendant had. They will not be fair to you. They will diminish your injuries and force you to settle for how much they want to pay you, not much. They will not treat you as if you are their insured and give you everything you want. They are a business and want to make money and not give money away.

Geico as a 3rd party insurance company is notoriously stingy with their offers to settle cases. There is no real surprise here as most insurance companies will do this as well. However, Geico often will fight tooth and nails to make sure they diminish your story and your injuries. They are trained assassins when it comes to negotiating your settlement and will push most attorneys to file a lawsuit against them in order to get more money. If you try to settle your case with them without a Seattle personal injury lawyer representing you, good luck getting much money in your pocket and your medical bills paid.

If you have been injured in a car accident, you should contact a Seattle personal injury lawyer today for a free consultation. We are paid out of the settlement and are only paid if you recover a settlement. No settlement, no fee.

Did you know insurance adjusters go to claims school?

October 24, 2017 Andrew Cherin Car Accidents, Insurance

If you are injured in a car accident in Seattle and believe that the person representing the insurance company on the other line has your best interest and is just another person just like you, you are wrong. Insurance adjusters are professional negotiators and know how to get you to settle for as little as possible. Insurance adjusters often go to claims schools in order to become an insurance adjuster. At this school they are taught how to answer calls, how to evaluate claims, and most importantly how to make you settle for as little money as possible.

If you have been injured in a car accident, they will want to take your statement at the outset of your case and put words into your mouth on a recorded line. This is one of the tricks they play to show that either you caused the car accident in some way or another or you were not has hurt as you are claiming later.

What should you do then? You should tell them you are not comfortable making a statement at this time and you should ask a Seattle personal injury lawyer about your case. Rarely will a Seattle personal injury lawyer tell you it is a good idea to give a statement to the insurance company.

Insurance adjusters will try to offer you money soon after the car accident to compensate you for your injuries. They will try to make you realize that they have a check book and can write you a check right now to compensate you for your case. They will belittle your injuries and tell them your injuries are not worth much so you should take this offer now or it will go away.

When should you ever try to settle your case following a car accident? If you are trying to settle your case without a Seattle personal injury lawyer, you should wait until your injuries have healed and you are back to 100%. That probably means you need to go to a physical therapist, chiropractor, massage therapist, etc., in order to get better.

How do you pay for your treatment that you need if you are waiting for your settlement to pay for treatment? If you do not have your own car insurance policy called personal injury protection or PIP and you don’t have medical insurance, most physical therapists, chiropractors, massage therapists, etc., will wait to be compensated out of the settlement. However, most of the time they will require you to have an attorney representing you in order for them to give you treatment up front for free because they want to make sure they are paid out of the settlement.

How much is your case worth? This is a tough question that is dependent and unique to each individual case. However, you are entitled to compensation for medical bills whether you paid for them out of pocket or your insurance company paid for them, lost wages even if you used vacation or sick leave and were still paid, and pain and suffering. Pain and suffering is dependent on how long you sought medical treatment, how severe your injuries from the car accident were, and if you have permanent injuries, among other things.

If you have been in a car accident, don’t get schooled by these trained professional negotiators. Even the field and hire your own professional negotiator/ Seattle personal injury lawyer today. Consultations are free and we are paid out of the settlement so no up front costs. Personal injury lawyers are very affordable because we are paid out of the settlement and there are no out of pocket costs. Everyone can afford a personal injury lawyer but you can’t afford to not have one.

Tips for Driving in the Seattle Rain

October 18, 2017 Andrew Cherin Car Accidents, Driving Tips

With the rainy season upon us, I thought it would be a good idea to post my tips for driving safe in the rain. Seattle has some of the worst traffic in the nation. Couple that with lots of rain and you get a recipe for unsafe driving conditions and car accidents.

Drive with your head lights on – many cars come with all day running lights so this is not as big of a thing as it used to be. It can be hard to see in heavy rains and if you don’t have your headlights on, someone might try to merge into your lane right in front of you and cause a car accident.
Look out for large pooling water and drive slow through them – we all know certain locations where rain collects and pools. Drive slow through these areas and keep an eye out for other areas where water collects like near sidewalks and dips in the road. Hitting large pools of water at a fast speed can cause your car to lose traction (hydroplane) and cause a car accident.
Give extra room for cars behind you when you are coming to a stop – this seems weird but slowing down and easing into your stop by periodically showing your brake lights will make it so the car behind you has adequate time to see that you are about to stop. This can help you avoid someone hitting you from behind and causing a car accident.
Take corners slower than normal – turning around a corner in the rain can cause your car to spin out. Taking a corner fast in the rain can cause loss of traction as the momentum of the car and slick water underneath pushes your car in the direction of the turn.
Stay away from cars that are driving fast and anticipate their moves – cars that are driving erratically are hazardous to you, stay away from them. They are more likely to lose control and not see you when switching between lanes.

Stay safe in the rain and look out for others as you drive.