Distractions have always existed for drivers, including eating and drinking behind the wheel, grooming, or adjusting the radio; however, since cell phones have become our central means of communication, navigation, and entertainment, distracted driving accidents have dramatically increased. To combat this climb in accident rates, Washington has put texting and driving laws in place, making hands-on cell phone usage a traffic violation. In addition, texting and driving is legal negligence, which leaves the distracted driver liable for damages in an Arlington car accident claim.
Texting and Driving In Washington State
Under Washington RCW 46.61.672, the law states the following:
“A person who uses a personal electronic device while driving a motor vehicle on a public highway is guilty of a traffic infraction and must pay a fine …”
This law refers to all hands-on cell phone use, including:
- Reading, answering, or sending text messages
- Setting a GPS
- Finding podcasts and playlists
- Checking emails
- Scrolling through social media
- Watching videos
- Taking photos or videos
A driver must pull over into a safe location before any hands-on cell phone usage. According to the National Highway Traffic Safety Administration (NHTSA), a person driving 55 miles per hour crosses the length of a football field during the five seconds it takes to read the average text message, endangering not only their lives, but the lives of others.
Can I Be Pulled Over for Texting and Driving In Washington State?
Like most states, texting and driving is not a primary infraction in Washington. In other words, a traffic officer cannot pull over a driver for texting and driving; however, they may issue a citation for hands-on cell phone use as a secondary violation after pulling over the driver for a primary infraction such as speeding, weaving through traffic, or failing to yield the right of way.
A first-offense traffic ticket for texting and driving in Washington is $36.00. Any fines collected for violating Washington’s texting and driving laws are deposited into a state treasury account for distracted driving prevention awareness programs.
Drivers may legally use a Bluetooth voice control feature for their cell phones and other devices while driving, while their phone remains in a holder. In addition, a driver may legally use their cell phone behind the wheel for reporting emergencies.
Liability In Washington Texting and Driving Accidents
When a driver causes an accident due to distraction, such as texting and driving, they are legally liable for any injuries to others resulting from their negligence. It often takes an experienced Arlington injury lawyer to investigate the accident and prove that the driver’s texting or other hands-on cell phone activity meets the following legal elements of liability:
- The driver owed a legal duty of reasonable care to the injury victim
- They breached this duty of care through negligence
- The breach of duty directly caused the accident and injury
- The injury victim suffered damages from the injury
Sadly, injuries are often severe in texting and driving accidents in Washington because the distracted driver did not see the crash coming and didn’t slow down or swerve to minimize the impact.
How Can a Washington Distracted Driving Accident Lawyer Help Me?
If you or a loved one suffered serious injuries due to a distracted driver in Washington, call or contact Wells Trumbull online for legal representation that allows you to focus on healing while we focus on maximizing your financial recovery.