Distracted driving crashes are preventable. If a driver was texting, using a phone, eating, adjusting GPS, or otherwise not paying attention, VanWa Legal PLLC can help you pursue compensation.
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Distracted driving is not limited to texting. A driver eating, reaching for something in the back seat, or arguing with a passenger can be just as dangerous as one looking at a phone, and the crashes they cause happen just as fast.
Because these crashes often unfold in a split second, injuries can be severe even at moderate speeds. Evidence of distraction, from phone records to app activity, can disappear quickly, and insurance companies are often quick to deny distraction was involved at all without proof in front of them.
VanWa Legal PLLC represents people injured by distracted drivers throughout Vancouver and Clark County. Early investigation is one of the most important parts of building a case an insurer cannot simply deny.
Anything that takes a driver's eyes off the road, from a phone screen to a billboard, counts as visual distraction.
Taking a hand off the wheel, whether to eat, adjust the radio, or reach for an object, reduces a driver's ability to react in time.
A driver can be looking at the road and still not truly seeing it, distracted by a conversation, a stressful thought, or mental fatigue.
Texting, calling, and scrolling combine all three types of distraction at once, making phone use one of the most dangerous forms of distracted driving.
Typing an address or glancing repeatedly at a navigation app pulls a driver's attention away from traffic in front of them.
Everyday habits like eating behind the wheel or reaching for a dropped item can take just enough attention away to cause a serious crash.
An unrestrained pet or a demanding conversation with a passenger can distract a driver as much as a phone can.
Washington's law restricts holding or manipulating a personal electronic device while driving, and it also includes a broader dangerously distracted driving standard that covers other forms of inattention behind the wheel.
A traffic citation for distracted driving can serve as strong supporting evidence in a civil negligence claim, since it documents that a violation occurred at the time of the crash. That said, a citation alone does not automatically win a case, a civil claim still requires evidence connecting the distraction to your specific injuries and damages.
Distraction is not always obvious from the outside, which makes gathering the right evidence essential.
Common Crash Scenarios
A driver who looks away for even a moment often fails to notice traffic ahead has slowed or stopped.
A distracted driver may run a light or stop sign entirely without realizing it until it is too late.
Drifting out of a lane while distracted can push another vehicle off the road or into oncoming traffic.
A driver looking at a phone is far less likely to notice a pedestrian in a crosswalk or along the roadside.
Cyclists are harder to spot than vehicles, making them especially vulnerable to a driver who is not fully focused on the road.
A distracted driver's failure to check a mirror or blind spot puts a motorcyclist at serious risk, since riders offer no protection at impact.
A single distracted driver can trigger a chain reaction crash involving several other vehicles who had no way to react in time.
Common Injuries
Compensation
*The compensation available depends on the facts of your case,
Partial Fault
Insurance companies sometimes try to shift blame onto the injured person to reduce what they owe, even in a clear distracted driving case. Washington's comparative fault rule means that a claim of shared fault does not eliminate your right to compensation, though your recovery is reduced by your own percentage of fault.
Solid evidence, from phone records to a well documented scene, is often what stands between a fair settlement and an insurer's attempt to shift blame your way.
What to Do After
FAQ
Phone records, app activity, witness statements, and a lack of pre crash braking evidence like skid marks can all help establish that a driver was not paying attention.
Got some more questions? Send us a message at contact@vanwalegal.com
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If a distracted driver caused your crash, you do not have to prove it alone. Talk to an attorney about your case at no cost, and pay nothing unless we win.