Holding distracted drivers accountable for car accidents in Vancouver, WA

At Philbrook Law, our Clark County car accident lawyers are skilled at showing that the driver who struck you was distracted. We demand full compensation for your injuries or the death of a loved one due to this irresponsible driving behavior.

What are the different ways drivers can be distracted in Vancouver, WA?

The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any conduct that takes a driver’s attention away from safe driving. In less than five seconds, a car traveling 60 mph will travel more than the length of a football field. In this time/distance, a car accident can easily occur.

One of the most dangerous distracted driving activities is texting while driving. Other examples of distracted driving include:

• Watching an entertainment device
• Talking on a smartphone
• Looking at someone in the car or something outside of the car
• Looking at a GPS
• Eating or drinking
• Focusing on a child
• Focusing on a pet
• Adjusting the radio or another type of audio player
• Adjusting the heating or air conditioning
• Smoking
• Personal grooming such as applying makeup or combing one’s hair

How dangerous is distracted driving in Vancouver, WA?

Distracted driving is dangerous because distracted drivers:

• Don’t have their eyes on the road
• Don’t have both hands on the steering wheel
• Are not cognitively ready to respond to traffic emergency situations
• Often violate the Washington traffic laws
• Can injure or kill other drivers, passengers, bicycle riders, and pedestrians.

According to the US Centers for Disease Control and Prevention (CDC), nearly 3,000 people die each year due to distracted driving. Young drivers between 15-20 are especially prone to distracted driving accidents. About nine percent of traffic accidents involving drivers in this age range are due to distracted driving. More than half of all drivers who are 17 years of age admit to texting or emailing while driving in the prior 30 days.

According to the Washington State Traffic Commission, enforcement officers issued 33,825 distracted driving citations in 2018 and 37,402 in 2019. In 2019, 23 percent of all fatal crashes in Washington were due to a distracted driver and 25 percent of all accidents that resulted in serious injuries were due to a distracted driver.

What laws regulate distracted driving in Vancouver, WA?

Washington State makes it illegal to drive dangerously distracted. Enforcement of the law only applies as a secondary violation – after a driver has been stopped for a violation of another state or local traffic law. “Dangerously distracted” means any activity not related to the actual operation of a vehicle, in a way that interferes with the safe operation of the vehicle on any highway.

Washington State law, known as the Driving Under the Influence of Electronics Act (DUIE), makes it illegal to use a personal electronic device while driving as follows:

• The law prohibits drivers (including out-of-state drivers) from using a personal electronic device (PED) of any kind while driving, at a red light, or at a stop sign.
• Drivers can only use a PED if the phone/device is mounted to the dashboard – and then only if minimal use of a finger is needed to activate or deactivate a device feature.
• Handheld PEDs can only be used in emergency situations or if the driver pulls off the road to a safe spot.
• This law is a primary offense law, which means law enforcement can stop and cite you if you violate the law without the need to observe your speeding or committing any other traffic violations. The fine for a first offense is $136. A second offense fine is $235. A fourth offense is a felony. Offenses are also placed on the driver’s driving record which means the driver’s insurance rates will increase.

PEDs include cell phones, laptops, electronic games, and two-way messaging devices.

Some exceptions may apply.

How do you hold distracted drivers accountable for car accidents in Washington?

At Philbrook Law, our Vancouver distracted driving lawyers understand how to show a driver was distracted and that the distraction caused the car accident that injured you or tragically took the life of a loved one. Please know that there is no requirement that a driver be cited by the police for using an electronic device or driving while dangerously distracted.

We can show that a driver was distracted in the following ways:

• Examining the phone and electronic devices to determine what communications took place while the distracted driver was operating his/her vehicle
• Examining any black boxes
• Questioning everyone in the driver’s car, any eyewitnesses, and the people in your car about how the accident happened and any indications the driver was distracted in any way
• Reviewing with the police and our investigators any evidence of distraction, including the damage to the car, and any physical evidence in the car such as beverage containers, partially eaten sandwiches, or other evidence
• Investigating whether there is any video or whether there are any photographs of the accident
• Examining the roadway to determine if there are skid marks and all other road conditions that may have affected the operation of the vehicles

Our Vancouver car accident lawyers are skilled at examining all phases of the accident, from the moment the other driver got into the car until the moment that collision occurred. In many cases, a distracted driver was also speeding, driving in another lane of travel, tailgating, or negligent because they violated a local traffic law.

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After a car crash, everything changes. Pain, stress, missed work. Then the insurance company starts calling. Acting helpful, but protecting their bottom line. Navigating the aftermath of a car crash is scary. We treat you like a person, not a case number.

Pat ReeceAttorney

Who is liable for a distracted driving accident in Vancouver?

It’s not just the distracted driver who may be liable for your car accident. We file claims against all other responsible parties. These defendants may include:

• An employer of the driver
• A rideshare company, since many Uber and Lyft drivers are looking at their cellphones or a GPS instead of the road
• The owner of the vehicle, if different than the driver, such as parents who let their teenagers drive without explaining the dangers of distracted driving

The responsible defendants should pay your medical bills, lost income, pain and suffering, vehicle damage, and other financial or personal damages you suffer. If a loved one died in a Vancouver distracted driving accident, we file wrongful death actions on behalf of the family members.

We often seek punitive damages too because distracted driving is inexcusable. Distracted driving accidents shouldn’t happen. Internet use, phone conversations, eating, drinking, and all other types of distractions can usually wait until the driver gets to his/her destination.

Do you have a Vancouver, WA distracted driving lawyer near me?

Philbrook Law meets drivers, passengers, pedestrians, bicycle riders, and families who are victims of distracted driving accidents at our offices located in:

• Vancouver, WA. 300 W. 39th Street
• Battle Ground, WA. 105 N Parkway Ave. Ste 104
• Portland, OR. 107 SE Washington St.

We represent clients in the greater Portland area and throughout Washington and Oregon.

If you are immobile, we will meet you at a hospital, another medical facility, or your home. Our car accident lawyers also consult with clients by phone and by video consultations.

Talk with our respected Vancouver distracted driving lawyers today

Distracted driving accidents are preventable. Any activity that causes a driver to lose concentration can wait until the driver gets home or can get off the road. At Philbrook Law, we hold distracted drivers accountable for the personal and financial damages they cause. To assert your right to compensation for yourself or a loved one who died, please call our Vancouver distracted driving lawyers or fill out our contact form to schedule a free consultation. Our personal injury lawyers also represent clients in the greater Portland area and throughout Oregon.

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