Although driving is something most of us do every day, we rarely think about the various risks associated with sharing the road with other cars, trucks, motorcycles, bicycles, and pedestrians. We trust that other drivers are alert and attentive behind the wheel so that they can operate their vehicles safely and respond to road or traffic hazards promptly and effectively. Unfortunately, distracted driving continues to be a factor in many auto accidents across the country. According to the National Highway Traffic Safety Administration (NHTSA), “Distracted driving is dangerous, claiming 3,275 lives in 2023.” When a driver takes their eyes off the road to read a text, they put themselves and others at risk of injury. For instance, a driver who is traveling on a highway while looking down at their phone to compose a quick text message may fail to notice another vehicle that is merging into their lane, leading to a high-speed collision and serious injuries. Distracted driving in dense areas, like downtown Seattle, is also dangerous, as pedestrians and cyclists can find themselves seriously hurt at the hands of an inattentive driver.
If you have been struck by a distracted driver in the greater Seattle area and suffered an injury, it’s natural to feel frustrated and upset at this sudden upheaval of your routine. The other party’s distracted behavior behind the wheel has led to a lengthy physical recovery, costly medical bills, lost wages, and other significant concerns that are affecting your life (and the lives of your loved ones). Washington state allows injured parties to seek and recover compensation from the party responsible for their injuries. While the thought of filing a personal injury claim after a distracted driving accident can be daunting and stressful, working with a client-centered and highly esteemed Seattle personal injury law firm can help you recover the compensation you need to support the costs of your recovery. At Menzer Law Group, we are deliberately selective in the cases we represent so that we can devote our attention to those cases where we believe we can have the most meaningful impact. We offer complimentary case reviews, so please get in touch with our Seattle office at your earliest convenience. Today, let’s take a look at the steps you can take after a distracted driving accident in Washington state to recover the compensation you need to start getting your life back on track after the incident.
What Counts as Distracted Driving in Washington State?
Distracted driving comes in many forms. Below are just a few of the most common ways that a driver can lose focus behind the wheel and put themselves (and others) at increased risk of injury.
Cell Phone Use
Cell phones are strong sources of distraction in our daily lives. It’s tempting to check a text when your phone chimes with a notification, even if it means taking your eyes off the road for a moment. However, any time that your eyes are not watching the road ahead of you leaves you vulnerable to hazards and collisions. Many technology systems offer hands-free phone capabilities, which can read your texts to you and help you compose responses using your voice—allowing you to keep your eyes on the road.
Navigation Systems
Many drivers rely on visual navigation systems for directions. However, watching these screens instead of the road or interacting with these on-screen maps while driving can prevent you from seeing a hazard and responding in a safe and timely manner.
Eating or Reaching For Objects
Unwrapping a burger, reaching down to the floor of the car to retrieve your phone, or turning around to talk to someone in the back seat can distract you from driving safely. Taking your eyes off the road, even for a few seconds, can increase the likelihood of an accident.
Proving a Car Accident Was Caused By a Distracted Driver
If you were injured in an accident because the other driver was distracted behind the wheel, there are steps you can take to document these details so that the personal injury claim you eventually file can establish that their distracted driving caused the collision. Let’s take a look at some ways you can prove that the car accident was caused by a distracted driver in King County or Pierce County.
Police Reports
The scene of an accident can be chaotic. Any event where there are physical injuries or considerable damage to vehicles or property should be reported to local law enforcement. The responding officer will arrive at the scene and compile a police report, which collects information and relevant details about the accident (i.e., the names and contact information of the parties involved and any witnesses, the conditions of the vehicles, road conditions, etc.). If a witness states that they saw the other driver texting at the time of the collision, the police report will contain this information. Should you move forward with a personal injury claim, you can request a copy of the police report to show that the other driver was distracted at the time of the accident.
Phone Records
In situations where distracted driving is suspected, the driver’s phone records may be used to check the times of text messages or phone usage in the moments leading up to or during the collision. It’s important to recognize that Washington laws restrict access to personal cell phone records to law enforcement and legal counsel, provided that they procure court orders or subpoenas (RCW 46.35.030). If you are interested in learning more about filing a texting and driving accident claim in the greater Seattle area, schedule a complementary consultation with the dedicated legal team at Menzer Law Group to get started.
Witness Statements
The accounts of other people at the scene of the car accident can be valuable when preparing a personal injury claim. If a shopkeeper noticed that the other driver was looking down and fiddling with their phone while driving at the time they collided with your vehicle, they can share this information with the responding law enforcement officer and make a formal statement that can strengthen your personal injury claim.
Dashcam or Surveillance Footage
Video evidence of the accident can help to reconstruct the events leading up to the collision. Many vehicles are equipped with dashboard cameras that can provide insight into the actions of various parties before and during the accident. If the incident took place near an ATM or business with surveillance cameras, the footage can be used to establish that the other driver was texting or distracted at the time of the incident.
Filing a Personal Injury Claim After a Distracted Driving Crash in Seattle
Those injured at the hands of a distracted or negligent party in Washington state can file a personal injury claim in order to recover compensation to assist with the considerable medical bills, lost wages, and other costs stemming from the incident. Washington’s contributory fault laws allow more than one party to be held liable for an accident. For instance, if fault determinations find that the distracted driver was 80 percent responsible for the accident and the other driver was 20 percent to blame, the injured party can recover 80 percent of the total damages awarded. Establishing fault can be a time-consuming and contentious process, especially when you are dealing with an insurance company whose primary objective is to protect its bottom line. Enlisting legal representation is a great way to ensure that your claim is as strong and successful as possible while a dedicated and highly experienced personal injury attorney handles the difficult negotiations with insurance companies on your behalf. If you were hit by a distracted driver and you want to understand your legal options, reach out to Menzer Law Group to arrange a complimentary review of your claim.
Compensation Available to Those Injured By Distracted Drivers in Washington State
The compensation you recover after filing a personal injury claim against a distracted driver can support the various costs associated with your recovery. Medical expenses, like hospital bills, follow-up visits, and physical therapy bills, can be covered by the compensation you receive. Additionally, compensation can account for the lost income you suffered as a result of the injury, as well as the pain and suffering you endured (such as anxiety, depression, post-traumatic stress disorder, insomnia, and more). For severe or catastrophic injuries, your Seattle personal injury attorney can help you anticipate your future care needs so that the compensation you receive will account for these factors.
Frequently Asked Questions (FAQs) About Distracted Driving Injury Claims in Washington State
Can I Still File a Claim if the Driver Wasn’t Ticketed For Distracted Driving?
Yes, as you can use other forms of evidence and documentation to show that the driver was acting negligently at the time of the accident.
What Evidence Helps Prove Distracted Driving?
Police reports, phone records, witness statements, and surveillance or dashcam footage can all be used as evidence of distracted driving.
How Long Do I Have to File a Claim After a Crash in Washington?
You have three years from the date of the accident to file a personal injury lawsuit in Washington state.
Experience You Can Trust
If a distracted driver’s inattentive behavior behind the wheel caused you serious harm, you can explore your options for recovering the compensation you need to support the costs associated with your injuries. At Menzer Law Group, we approach every personal injury case with an unwavering commitment to justice, providing personalized legal representation that is tailored to meet your specific needs. We are intentionally selective in the cases we take on, which allows us to channel our focus and expertise where we believe we can have the most profound and lasting impact. Please reach out to our Seattle, Washington office at (206) 903-1818 to arrange a complimentary review of your claim.
