How Does Distracted Driving Affect Who is at Fault?

We see it every day on the roads in Tacoma: a driver looking down at their lap, their face illuminated by the glow of a smartphone. In the split second it takes to read a text, check an email, or glance at a notification, a life can be changed forever. Distracted driving has become one of the leading causes of preventable car accidents, and in the eyes of the law, it is a clear and powerful form of negligence.

When an accident occurs, the central question is always, “Who was at fault?” To answer this, insurance companies and courts look to see which driver failed to exercise a reasonable level of care. Choosing to engage in a distracting activity behind the wheel is a direct violation of that duty.

If it can be proven that a driver was distracted at the time of the crash, it dramatically shifts the determination of fault. It provides a clear “why” for the accident and can make the distracted driver partially or, in most cases, fully liable for the damages they cause.

Useful Information for You: In a Nutshell

• It is Direct Evidence of Negligence: Distracted driving is a clear breach of a driver’s duty to operate their vehicle safely. It is one of the strongest factors in proving fault.
• Washington Has Strict Laws: Washington’s “Driving Under the Influence of Electronics” (E-DUI) law makes it illegal to hold a personal electronic device while driving, even when stopped in traffic.
• Proving It is the Main Challenge: The biggest hurdle is proving the other driver was distracted. This often requires specific evidence like witness statements, cell phone records, or admissions.
• It Can Overcome Other Factors: Even if you made a minor error, if the other driver was distracted, they may be held primarily at fault because they were not paying attention to their surroundings.
• It Can Increase the Settlement Value: Cases involving proven distracted driving often carry a higher value, as the driver’s negligent behavior is seen as more egregious.

Distracted Driving as a Breach of Duty

To prove fault in a car accident, you must show that the other driver was negligent. A key part of this is proving they “breached” their duty to drive safely. Texting, scrolling social media, or adjusting a GPS while moving is a textbook example of a breach of duty.

A driver’s primary responsibility is to see and be aware of what is happening on the road around them. By looking at a phone, they are consciously choosing to be blind to their surroundings for several seconds. In those seconds, a car in front of them can stop, a light can turn red, or a pedestrian can step into a crosswalk. When a distracted driver causes a crash, it is a direct result of their negligent choice.

Washington’s E-DUI Law: A Powerful Tool

Washington State has one of the strictest laws in the nation against distracted driving, officially called the “Driving Under the Influence of Electronics Act.”

• What it Prohibits: The law makes it illegal for drivers to hold a cell phone or any other electronic device while they are driving. This includes while you are stopped at a light or in traffic.
• What it Means for Your Claim: If the other driver receives a ticket for violating this law (RCW 46.61.672), it is powerful evidence of their negligence. It shows they were not only acting carelessly but were also breaking a specific safety law at the time of the crash.

The Challenge: How to Prove the Other Driver Was Distracted

The hardest part is often proving the other driver was distracted, as they are unlikely to admit it. This is where a swift and thorough investigation becomes critical.

• Witness Statements: Did a driver in the car next to them or a pedestrian see them looking at their phone? An independent witness is the most powerful proof.
• Driver’s Own Admission: Sometimes, in the shock of the moment, a driver might say, “I was just looking at my phone for a second!” If they say this, you should immediately write it down and relay it to the police officer.
• Cell Phone Records: This is a more advanced but crucial tool. In a lawsuit, your attorney can subpoena the other driver’s cell phone records. These records won’t show the content of texts or calls, but they are time-stamped, showing exactly when the phone was being used for data, calls, or texts. If the timestamp of a text message matches the exact time of the crash on the police report, it creates nearly irrefutable evidence of distraction.
• Lack of Skid Marks: In some rear-end collisions, the absence of skid marks can suggest the distracted driver never even hit the brakes before impact.

Even if you believe you were partially at fault for an accident, if you can prove the other driver was distracted, the percentage of fault can shift dramatically in your favor.

If you suspect a distracted driver caused your accident in the Tacoma area, you need an advocate who knows how to uncover the evidence to prove it. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who have the expertise to subpoena records and build a powerful case against negligent drivers.

References

• Washington State Legislature – RCW 46.61.672 – Using a personal electronic device while driving:This is the official text of Washington’s strict “E-DUI” law, which defines and prohibits holding electronic devices while driving.https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.672
• Washington Traffic Safety Commission (WTSC) – Distracted Driving:The official state resource providing data, laws, and public safety information about the dangers of distracted driving in Washington.https://wtsc.wa.gov/programs-priorities/distracted-driving/
• National Highway Traffic Safety Administration (NHTSA) – Distracted Driving:A national authority providing statistics and research on the prevalence and dangers of distracted driving.https://www.nhtsa.gov/risky-driving/distracted-driving