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AR15.COM
11/15/2006 5:32:22 PM EDT
Anyone have any advice on this?

I got a $153 fine for an "unsafe lane change". Long story short, someone instead of letting me over stomped on their accelerator and ended up putting a small dent in my truck then over correcting and fish tailing into the barrier(little ricer moved the concrete barrier 3-4 feet).

No witnesses stopped and since it wasn't a rear ender, I got took the hit. Shit, no one even stopped to help.

I'm fine, my truck only has a slight ding(I wouldn't have noticed it if it hadn't been for the red paint on it).
11/15/2006 5:44:48 PM EDT
[#1]
I'd get pics, lots of pics of the damage of both vehicles, the area where it happened, the roadway just in case there are skid marks, etc, and fight the hell out of it.

It isn't just the cost of the ticket, its the cost of your insurance premiums over the next few years.
11/15/2006 5:54:58 PM EDT
[#2]

Quoted:
I'd get pics, lots of pics of the damage of both vehicles, the area where it happened, the roadway just in case there are skid marks, etc, and fight the hell out of it.

It isn't just the cost of the ticket, its the cost of your insurance premiums over the next few years.


I plan to fight it. I don't have any pictures and I am not even sure how to even start  

Driver was 17, no insurance but the car was insured by her boyfriend. She couldn't provide proof of insurance or registration till he showed up. Something smelled kinda fishy about that, but I couldn't do anything about it.
11/15/2006 5:57:13 PM EDT
[#3]
So you were in  your lane and got a dent in your truck?  did you cross the line while trying to change lanes at all?

Obviously an officer showed up, what reason did he give you for  ticketing you, when SHE ran into the divider?

11/15/2006 6:07:13 PM EDT
[#4]

Quoted:
So you were in  your lane and got a dent in your truck?  did you cross the line while trying to change lanes at all?

Obviously an officer showed up, what reason did he give you for  ticketing you, when SHE ran into the divider?



I was crossing the line, she was 20 feet behind my bumper when I head checked and she closed that GAP fast as I started moving over almost instantly. In her idiocy she tried to beat me changing lanes, swerved to miss my truck but put a dent in it and then over corrected.

The only reason I got a ticket is because it was a side hit(says the officer). I personally think he was sympathetic towards the crying, hysterical girl, especially since I had managed to keep my cool.
11/15/2006 6:08:51 PM EDT
[#5]
This was on SR-14EB at I-205 for those that got stuck in traffic around there at 3pm or so
11/15/2006 6:29:07 PM EDT
[#6]
So you cut someone off and it's their fault?


The only way you should try to fight it is by hiring a lawyer.
11/15/2006 6:34:21 PM EDT
[#7]

Quoted:
So you cut someone off and it's their fault?


I was changing lanes and she was far enough behind me that all was legal, until she hammered on the accelerator.

The ricerized muffler went from a hum to sounding like a nest of angry bees, and that is the only way to explain her covering that distance so quickly.
11/15/2006 7:41:25 PM EDT
[#8]
Can anyone recomend me a lawyer in Vancouver that deals with this stuff?
11/15/2006 7:52:27 PM EDT
[#9]
Dewey, Cheatem and Howe, corner of First & Last. J/K, good luck with it. No matter what, go to court. Unless you act like Peewee Herman in the courtroom, you have nothing to lose and everything to gain. Also, getcher ass down to small claims court and file a suit against the other driver and the car owner for your damages. That'll shake 'em up a tad. And, it's gonna look good for your case in the matter of The People vs you.
11/15/2006 11:06:43 PM EDT
[#10]
If the cop didn't see it happen, you are going to hang him out to dry.  

Simply tell the judge that she must have been completely distracted (cell phone), or else she was TRYING to hit you.  

11/15/2006 11:41:48 PM EDT
[#11]
Another good thing to do is to contact your insurance company. Let them know exactly what happened, because in the end, it WILL come down to her demanding that you and your insurance co. pay up for any and all damages.  If you can get the ball rolling on establishing blame on her part, then that can only help in court.

As for the damage to your truck, is it on the side of your truck, or did the corner bumper of your truck "hit" the side of her car?  That makes all the difference, if her bumper hit the side of your truck, like on the left forward panel, as compared to your bumper hitting the left side of her car, then that makes allot of difference. If it looks like you hit her, then your chances of fighting it are slim, but if the damage is actually on the side of your car, and it shows that she hit you, you have a much better case.

Diagram it out and be sure to present it in court as well.

11/16/2006 12:52:50 AM EDT
[#12]
Pull up the RCW code for unsafe lane change.
11/16/2006 4:17:48 AM EDT
[#13]

Quoted:
Pull up the RCW code for unsafe lane change.

How about some of this...
It's listed under when signals are required.  

apps.leg.wa.gov/rcw/default.aspx?cite=46.61.305
RCW 46.61.305
When signals required — Improper use prohibited.  

(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.

    (3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

    (4) The signals provided for in RCW 46.61.310 subsection (2), shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.

11/16/2006 6:38:52 AM EDT
[#14]

Quoted:

Quoted:
Pull up the RCW code for unsafe lane change.

How about some of this...
It's listed under when signals are required.  

apps.leg.wa.gov/rcw/default.aspx?cite=46.61.305
RCW 46.61.305
When signals required — Improper use prohibited.  

(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.

    (3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

    (4) The signals provided for in RCW 46.61.310 subsection (2), shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.



Thats the one that I was cited on. I signaled, checked, and was clear by a full car lenght(25-30 feet). Traffic was doing 40 tops, left lane was clear ahead me by 2-300 yards.

I checked the whole back and side of my truck, the only damage is a small softball sized dent on my drivers side door.

Already talked to the insurance office, so it's all ready on their end. The good news is I won't see an increase till June of next year, so all the more reason to get this tossed.
11/16/2006 5:49:52 PM EDT
[#15]
11/16/2006 11:46:05 PM EDT
[#16]
A truck driver that worked for my dad was driving a "cab-over" semi truck, with the engine under the cab, and he "clipped" a car in the left rear corner and pushed it about 100+ feet, he only pulled over cuz all other traffic stop...long story short, The truck driver got a ticket for whatever the infraction was and took it to court. In the end the driver of the car admitted he intentionally tried to hit the truck to collect some money...looks like it got driven over on that one, no pun intended...


ETA: since the driver wasnt expecting a lane change, he had no idea the car was there...and on a side note, You CAN NOT see a small car that is right next to the bumper of a semi-truck if parked like this....
_______________________________...._______..__
[..............................................l...l..........l.l...l
[..............................................l...l..........l.l...l
[_______________________________l...l______l.l__l

....................trailer...........................CAB...CAR


the driver sits way above the field of view of were teh car was.....the case was dismissed and the car driver had to pay the truck damages, which was minor



FIGHT it....to many a**holes in this world and Cops who dont try to give a sh*t, esp. WSP..

11/16/2006 11:50:29 PM EDT
[#17]
If the dent is in your door, then SHE HIT YOU. You didn't hit her.

Pics, young man. Take pics.

Take it to court.

And if the officer who wrote the infraction isn't there, thats enough to get it tossed.

And if he is there, make sure to ask him if he saw the accident, and if he replies no, then ask that the ticket be tossed and present your evidence to show that you were the one who was hit and damaged, and that she needs to pony up and pay for it.

Be polite, articulate, have your facts straight and whatever pics and items you need. Be prepared.

11/17/2006 1:30:05 PM EDT
[#18]
use this guy.

Mitch Greene

No matter what, use a lawyer. This guy is unbelievable in court. He in my mind is the only sure fire way out.
11/17/2006 8:53:40 PM EDT
[#19]

RCW 46.61.305
When signals required — Improper use prohibited.  
(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.


Is it just me or does this state that it is the "Lane Changers" responsibility to make sure it happens safely? Regardless of what the other driver did or was doing the ticket reflects the unsafe lane change no?? It all has to do with existing conditions of course as there is no way to know how fast the gal is going or what she is going to do but as the lane changer it would be up to you to make that call right or wrong. With contact between the "Lane Changer" and the other car what is an officer to do??

With that said I say the only chance you have is to go to court and or let an lawyer handle it for you unless the other driver says she tried to run into you and or run you off the road which is highly unlikely. Stranger things have happened though as someone has posted...

With a little luck on your side keep up posted...
11/18/2006 8:50:07 AM EDT
[#20]
file for discovery, my understanding is that you can research other similar cases and rulings to prepare for your case.  request info on all similar cases in washington.  all of them.  you can tie them up for who knows how long, or they can dismiss it.  i've been told they usually dismiss it.  i haven't tried this but i heard this from a state trooper regarding speeding tickets.
11/18/2006 1:24:29 PM EDT
[#21]

Quoted:
If the dent is in your door, then SHE HIT YOU. You didn't hit her.

Pics, young man. Take pics.

Take it to court.

And if the officer who wrote the infraction isn't there, thats enough to get it tossed.

And if he is there, make sure to ask him if he saw the accident, and if he replies no, then ask that the ticket be tossed and present your evidence to show that you were the one who was hit and damaged, and that she needs to pony up and pay for it.

Be polite, articulate, have your facts straight and whatever pics and items you need. Be prepared.



That is not true.
11/18/2006 1:38:19 PM EDT
[#22]
You might even get lucky.  If you subpoena the person that hit you as a witness, and they don't show, that might get the whole thing tossed?

Have you consulted an attorney yet, even just for advice?
11/19/2006 2:08:35 PM EDT
[#23]
NOW, I'm in the same Crap Boat as him..... a guy got angry at me for slowing down to 40ish in a 35 zone with rain, and Just passing another vehicle.  Gives me a "Bird", cuts me off in my lane, and again when I switch and after I switched AGAIN, to get away from him, he crosses the white line of MY lane and forces me on the cub, from which I rebound and hit him as he is only a foot or less away from me...IN MY OWN FREAKING LANE.....


And after telling this to the cop, He will think about the circumstances, cuz "[He] finds [my] story hard to believe." ...We'll see if he mails a citation in the mail to me.. AND I had just got that car Finished LAST week...

And the\uy in the other car wanted $1000 dollars to not call the cops, (blackmail?), I had him call the cops anyway...
11/19/2006 2:49:14 PM EDT
[#24]

Quoted:
NOW, I'm in the same Crap Boat as him..... a guy got angry at me for slowing down to 40ish in a 35 zone with rain, and Just passing another vehicle.  Gives me a "Bird", cuts me off in my lane, and again when I switch and after I switched AGAIN, to get away from him, he crosses the white line of MY lane and forces me on the cub, from which I rebound and hit him as he is only a foot or less away from me...IN MY OWN FREAKING LANE.....


And after telling this to the cop, He will think about the circumstances, cuz "[He] finds [my] story hard to believe." ...We'll see if he mails a citation in the mail to me.. AND I had just got that car Finished LAST week...

And the\uy in the other car wanted $1000 dollars to not call the cops, (blackmail?), I had him call the cops anyway...


The best defence is to call the cops first. Nerer let him call if you have the means to call yourself.
11/19/2006 7:21:09 PM EDT
[#25]

Quoted:
NOW, I'm in the same Crap Boat as him..... a guy got angry at me for slowing down to 40ish in a 35 zone with rain, and Just passing another vehicle.  Gives me a "Bird", cuts me off in my lane, and again when I switch and after I switched AGAIN, to get away from him, he crosses the white line of MY lane and forces me on the cub, from which I rebound and hit him as he is only a foot or less away from me...IN MY OWN FREAKING LANE.....


And after telling this to the cop, He will think about the circumstances, cuz "[He] finds [my] story hard to believe." ...We'll see if he mails a citation in the mail to me.. AND I had just got that car Finished LAST week...

And the\uy in the other car wanted $1000 dollars to not call the cops, (blackmail?), I had him call the cops anyway...


Where was this at?
11/19/2006 9:11:09 PM EDT
[#26]
height=8
Quoted:
use this guy.

Mitch Greene

No matter what, use a lawyer. This guy is unbelievable in court. He in my mind is the only sure fire way out.


+1 Just hire a lawyer and forget about the rest. If Mitch will go down to Vancouver then you're good to go. He'll probably use the "cop wrote the ticket on hearsay" angle and it will likely be an easy drop. You could fight it yourself but having a lawyer increases your odds 1000%.

I had the same issue where I changed lanes in front of a guy and got hit and my lawyer got the ticket dropped - it was totally painless.
11/19/2006 11:48:08 PM EDT
[#27]

Quoted:

Quoted:
NOW, I'm in the same Crap Boat as him..... a guy got angry at me for slowing down to 40ish in a 35 zone with rain, and Just passing another vehicle.  Gives me a "Bird", cuts me off in my lane, and again when I switch and after I switched AGAIN, to get away from him, he crosses the white line of MY lane and forces me on the cub, from which I rebound and hit him as he is only a foot or less away from me...IN MY OWN FREAKING LANE.....


And after telling this to the cop, He will think about the circumstances, cuz "[He] finds [my] story hard to believe." ...We'll see if he mails a citation in the mail to me.. AND I had just got that car Finished LAST week...

And the\uy in the other car wanted $1000 dollars to not call the cops, (blackmail?), I had him call the cops anyway...


Where was this at?


Kenmore, WA (20 miles North of Seattle)
11/20/2006 11:14:05 AM EDT
[#28]
I have a court appearance (as a witness) tomorrow. Wish me luck!
11/28/2006 5:35:26 PM EDT
[#29]
Smallish update:

State Farm said they are going to pay out liability because "It looks you side swiped her car". When I talked to the adjuster I told her that was bullshit, and the ONLY damage to my truck was that small dent. She changed her tune right after hearing about the tiny damage. I also told her that there was no way I did the damage she described, because I don't have any scrapes on the side of my truck at all. I also told her the front bumper of the Honda is what hit me, but it's kinda hard to tell when the FRONT END OF IT IS SO FUCKED UP FROM THE BARRIER. Adjuster said they may be fighting liability if the pics show a different story than the lieing bitch told them; and that story would be she hit me instead of me hitting her.

So things might still be good on the insurance front.. Oh yeah, the bitch is also going for full medical. Walked out of the accident just fine, and is now in "severe pain". Fuckin' trash, real classy.
11/28/2006 5:57:36 PM EDT
[#30]

Quoted:
I have a court appearance (as a witness) tomorrow. Wish me luck!


well that is a first.
11/28/2006 6:01:44 PM EDT
[#31]

Quoted:

Quoted:
I have a court appearance (as a witness) tomorrow. Wish me luck!


well that is a first.


Indeed. It is actually only my second time in court. I did not have to take the stand, as things worked out.

I was surprised at how poorly organized most of the defenses were, and how many people lied under oath.