My Car Was Crunched by a Semi-Truck, and I Got a Ticket

A giant semi-truck squashed my little car in a painfully slow and awkward manner, as I was merging onto the freeway in stop-and-go traffic, today.

I was confident that it was his fault (because I had signaled, and I was merging into a giant space), so I insisted that we call 911 and have a trooper come out and file an official accident report.

Here's the kicker: The trooper gave *me* the ticket, citing RCW 46.61.305:

(“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 hereafterin provided.”)

The trooper said that the accident was my fault and that I had "run into the truck," because I was the one merging.

The thing is, though, that:

1. It appeared to be a reasonably safe time/place to merge, and
2. My car was actually stopped at the time of the collission. My car didn't "hit the truck" at all. His truck hit my car.

Do you think I stand a chance at successfully contesting the ticket? / What's the best way to explain what happened to a judge?

My question involves an injury that occurred in the state of: Washington.

Illinois is the only state I know dumb enough to require traffic on the interstate to yield to a vehicle coming up the ramp. Forcing your way in was not a wise choice. I'm sure the trucker will like his new paint job and shiny fuel tank.

So, you are saying you had the nose of your car in the lane the truck was in but you were stopped for some reason and the truck somehow figured there was room in front of you and decided to keep moving forward and hit your car?

Is that what happened?

If not, try to explain how a truck could hit your stationary vehicle where there was no room for you to move forward and as such, no room for the truck to go beyond you either.

You had the duty to yield so the presumption will be on you that you didn't. Your "singalling" is entirely immaterial. Your estimation of the size of the space is immaterial. You being stopped is immaterial Had you been hit squarely in the rear you might have a better case, but the presumption is that you pulled in front of a truck that was unable to slow down to avoid striking you.

j/k,

That's sort of what happened.

I started moving my car into the giant, legitimate-looking gap in front of the truck EXTREMELY slowly (because it was literally stop-and-go traffic). But I had to stop because traffic stopped, and the truck just kept going and rammed into my car.

I don't know FOR SURE why he did it, though (Like, I wouldn't say FOR SURE that it's because he figured there was room in front of me. Heck, he could have been taking out some latent angst against drivers of small cars for all I know). . .

Any advice?

Oh and Ron, I don't think the signal was totally immaterial, because it shows that I obviously wasn't cited for the second half of the RCW.

And, considering how slowly we were driving, it would be weird to say that the truck was "unable to slow down." He was going like less than five miles per hour and had enough room to slow down.

It's immaterial for WHAT you were charged for. Signalling doesn't give you the right to take the right of way away from some one who has it.
You can weasel all you want and invent new explanations, but it doesn't change your guilt.

so, where was the damage on your car and where was the damage on the truck?


you also need to realize that zooming in front of a vehicle in an attempt to claim the lane, unless you actually were able to fully enter the lane, still makes you at fault, right? You are required to yield to the traffic in the lane you are entering.


The only way I can see you prevailing is if you can prove you were at a full stop for some period of time and the truck, who was far enough away from you to 1. be able to see your vehicle and 2. be able to stop, simply continued to go forward and hit you.

I have no idea the size of the truck or the exact situation but I can imagine a scenario where you could have pulled in front of a truck and the driver not be able to see you and he drove into your vehicle. That would make it your fault as well.

Actually, I go for OP flooring it and unsuccessfully attempting to wedge in front of said semi.

j/k,

Do you know what the exact law is that pertains to accidents like this? Like what's the actual legal description of what constitutes a safe vs. unsafe lane change?

There must be something more than the RCW I was cited for. .

Not sure what you mean.

Basically, you were charged with what you were charged with. If you disagree, it is up to you to show the court why it is not a valid charge. I cannot imagine how the accident actually happened so I cannot really say much more. A court who can be presented with multiple 8X10 glossy photos with circles and arrows and descriptions on the back (a bit of Alice's Restaurant humor) will be in a better position to determine who is at fault here.