Although the roads of the state of Washington are among the nation’s safest, the alcohol-related accident fatality rate is relatively high compared to most states. Encouragingly, distracted driving is not among the state’s leading causes of traffic accidents – it is only the fifth-leading cause. This may be partly due to Washington’s comprehensive distracted driving legislation.
Distracted Driving Legislation in Washington State
Washington law imposes a blanket ban in the use of electronic communications devices while driving – both texting and talking on cell phones are prohibited, as are similar activities such as playing computer games. Drivers under 18 years old may not even take advantage of hands-free technology, on the reasoning that it is too distracting for a novice driver. Exceptions exist, of course – in particular, it is legal to use an electronic communications device to report an emergency. Ambulance drivers and people who wear hearing aids are also exempted from these restrictions.
Since in Washington, no local government may legislate distracted driving, you don’t need to worry about local laws that might be more restrictive than state law.
Penalties for Distracted Driving in Washington
The fine for violating Washington’s distracted driving law is $124.
In the Event of an Accident
A $124 fine is troublesome, but it is nothing compared to the liability you might face if you cause an accident because you were texting while driving. One danger is that the fine for texting and driving can be increased if you cause an accident. Another danger, which applies to the violation of any of Washington’s distracted driving restrictions, is that you might be sued for negligence by someone injured in the accident you caused. If you lose the case, you will have to pay personal injury damages.
Unlike the situation in many states, in Washington you are not necessarily negligent simply because you violated the state’s distracted driving law in a manner that caused an accident. Although an injured party is entitled to use this violation as evidence against you, you can argue that your conduct did not amount to negligence (carelessness) simply because you broke the law – you could argue that your actions, although illegal, were reasonable under the circumstances leading up to the accident
Washington applies a comparative fault system to car accident lawsuits. If more than one party is at fault for the accident, each party will lose a percentage of his damages that is equal to his own percentage of fault. If he is 10 percent at fault, for example, he will lose 10 percent of his damages. A party more than 50 percent at fault, however, will not be eligible for any compensation at all. Washington is one of the few states that do not allow punitive damages no matter how outrageous the defendant’s conduct might have been.
Possible Criminal Penalties
Texting and driving can be benign or malignant, so to speak. Causing a fender-bender by taking your eyes off the road for five seconds to read a text message will not be considered a criminal act under most circumstances. Causing a serious injury accident by taking your eyes off the road for 45 seconds to compose a text message, on the other hand, might be considered ‘criminal negligence”, which can be prosecuted as a felony in Washington.
– Updated through September 1, 2016