If you were in an accident, and Washington State Patrol (WSP) or another law enforcement agency responded, you likely were issued a traffic ticket. The responding trooper is required to determine who was possibly an “at-fault” driver and issue an infraction to this person. In one car accidents this simply means an automatic ticket for the only driver. For a multiple car accident the trooper may determine that there was one driver or multiple drivers “at-fault.” When unable to make a determination all parties are usually issed citations. The WSP policy appears to be: “When in doubt write tickets; let the courts and insurance companies sort it out later.” This often leaves drivers with a ticket for a violation they did not commit. Worse yet, if you are convicted of a ticket related to an accident the incident will be counted as an “at-fault” accident by your insurance company.

The good news is that it is usually very hard for the prosecutor to prove these tickets. Most of the time the officer’s report looks similar to “there was an accident therefore the driver that caused the accident did something illegal.” The problem with this logic is that people who are following the law get in accidents all the time. Often accidents are just accidents, nothing more. The WSP trooper has the burdne to show by a preponderance of the evidence that the infraction was committed. Without witnesses, or other evidence (the actual accident report is inadmissible at an infraction hearing under Washington law) this is often impossible.

The most common traffic tickets issued by Washington State Patrol at as the result of an accident are listed below.

“Too Fast for Conditions” – RCW 46.61.400(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.”

“Following Too Close” – RCW 46.61.145(1): “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

Negligent Driving in the Second Degree – RCW 46.61.252(1)(a): “A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.”

“Failure to Yield When Required” – RCW 46.61.190(3): “(3) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering a marked crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the roadway, and then after slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways: PROVIDED, That if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of the driver’s failure to yield right-of-way.”

“Failure to Yield When Entering Roadway” - RCW 46.61.205: “The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles lawfully approaching on said highway.”

If you received a traffic ticket from the Washington State Patrol, or other police agency, as a result of an accident on I-5, State Route 2, Hwy 525, Hwy 522, Hwy 528, Hwy 99, or anywhere else in Snohomish County, the Law Office of Scott Lawrence can help you fight your ticket.