The Hands-Free Law in Washington

According to data from the Washington Traffic Safety Commission, 30 percent of fatalities and 23 percent of serious injuries in car crashes in the state result from distracted driving. The Commission also found that 70 percent of distracted drivers were using their cell phones. The state passed the Driving Under the Influence of Electronics Act, also known as the hands-free law, to combat this dangerous trend.

This law prohibits using most electronic devices while driving, which may affect how fault is determined in auto insurance claims and personal injury lawsuits.

What is distracted driving?

Distracted driving refers to a driver taking any action that diverts their attention away from the road and their surroundings while in control of a motor vehicle. Some of the most common examples of distracted driving include:

• Texting while driving
• Talking on the phone while driving
• Eating while driving
• Applying makeup while driving
• Touching a GPS while driving
• Changing music while driving
• Talking to passengers in the back seat while driving

Taking your eyes or hands off the road to use an electronic device impairs your ability to react to hazards, including stopped or slowed traffic or pedestrians crossing the road.

How the hands-free law affects drivers

Washington’s hands-free law bans using most electronic devices while driving, including cell phones, GPS, and handheld gaming devices.

Actions banned under the hands-free law

The law defines using a personal electronic device while driving as:

• Holding the device in one or both hands
• Using your hand or finger to access the device beyond the minimal interaction required to turn the device on or off
• Watching videos on the device

It also specifies that this ban on using personal electronic devices while driving isn’t limited to when your vehicle is in motion. You also cannot use these devices while temporarily stopped because of traffic, traffic signs or signals, or other delays. Even when stopped, drivers should be aware of their surroundings in case they need to take evasive action.

Exceptions to the hands-free law

A few notable exceptions to the state’s hands-free law include:

• Using Bluetooth, voice controls, or steering wheel buttons to use an electronic device hands-free
• Using a personal electronic device to contact emergency services
• Using a communication device as a transit employee to communicate with dispatch services
• Using an electronic device as part of your job as a commercial motor vehicle driver
• Using an electronic device while operating an authorized emergency vehicle

Penalties for breaking Washington’s hands-free driving law

Drivers who break the hands-free law can face legal penalties, including a fine of at least $145 for a first offense. Subsequent offenses come with a fine of at least $243. There may also be additional fees attached to these fines.

Traffic infractions, including cell phone violations, are reported to insurance companies, so drivers who break the hands-free law could also see their insurance rates increase.

How does the hands-free law impact auto insurance and personal injury claims?

The hands-free law significantly impacts auto insurance claims and personal injury lawsuits resulting from car crashes. Insurance companies and lawyers can use a driver’s violation of this law to demonstrate negligence and assign fault.

Washington is an at-fault auto insurance state, meaning the at-fault driver’s insurance company is liable for covering the injured party’s medical expenses, lost wages, and property damage after a crash. If one driver in the accident receives a ticket for distracted driving, that could be a sign that the driver was at fault for the crash.

Pure comparative fault

Another way the hands-free law affects claims is in its interaction with Washington’s comparative fault laws. Under state law, a plaintiff cannot recover compensation for the percentage of fault they are assigned in an accident.

For example, if you were using your phone when you got into a car crash, even if the crash was the other driver’s fault, you may still be assigned some degree of fault. If you are assigned 30 percent of the fault, you would only be able to recover 70 percent of your compensable losses.

Evidence used to prove fault in distracted driving cases

If a distracted driver caused the accident and your injuries, proving that they were distracted will be essential for assigning fault in your case. Some of the evidence you can use to prove the other driver’s fault includes:

Traffic camera footage

Many intersections have traffic cameras that may have caught the events leading up to the crash. In some cases, this footage may show that the other driver was using a personal electronic device directly before the accident occurred.

Eyewitness statements

Eyewitnesses may have seen the other driver texting or talking on the phone before the crash. After an accident, it’s important to gather the names and contact information of any witnesses if your injuries allow. Your attorney can follow up with these witnesses to collect their statements, which could bolster your claim.

Cell phone records

If the other driver was talking on the phone or texting, your lawyer may be able to request access to their cell phone records to prove this. These records may show that the driver was on a call or sent or received a text message directly before the accident occurred.

Accident scene photographs

Photographs of the accident scene are often vital evidence in car crash injury cases. These photos can show the damage done to the vehicles, relevant traffic signs or signals nearby, and even skid marks on the road. Your attorney can use this evidence to paint a picture of how the accident occurred and identify who may be primarily at fault.

Contact our Washington car accident lawyers

If you were injured in a Washington car accident caused by a distracted driver, contact Philbrook Law to speak with an experienced injury lawyer. During your initial consultation, we can review your case, explain your options for recovering compensation, and go over the ways we can help you prove the other driver’s fault.