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Olympia Distracted Driving Accident Attorneys

A distracted driver taking their eyes off the road for just a few seconds, whether to read a text or have a bite to eat, is all it takes to change someone’s life forever. If a distracted driver hit you or someone you love in Olympia, you deserve accountability and a clear path toward recovery.

At Freeman Law Firm, Inc., our Olympia distracted driving accident attorneys help injured people hold negligent drivers accountable and pursue the compensation they need to move forward. Our team has a unique combination of local knowledge and extensive trial experience, and we’re ready to stand beside you from your initial consultation through to the final resolution of your case. Contact us at (360) 338-6886 to tell us your story and learn more about how we can help in a free case review.

What Counts as Distracted Driving in Washington?

Under RCW 46.61.672, the use of a handheld phone while driving is a primary offense, which means an officer can pull a driver over for that reason alone, without proof of any other traffic violation. But phones aren’t the only source of driving distraction. Drivers can become dangerously distracted when they eat, adjust radios or GPS devices, reach for things in their back seats, chat with passengers, apply makeup, or simply daydream while driving.

Any behavior that pulls a driver's eyes, hands, or attention off the road long enough can cause a serious crash, and screen use isn't necessary for a driver to be legally and morally responsible for the harm their distraction causes. Our team reconstructs the seconds before impact from every source the evidence allows, and we go after proof the other side would rather wasn’t found.

Proving Distraction After a Crash

Distracted driving claims aren't easy to prove. Drivers who cause a distraction crash seldom admit fault, and the proof tends to be scattered across several sources:

  • Phone records
  • Witness accounts
  • Traffic camera footage
  • Driver statements at the scene
  • Accident reconstruction reports
  • Cell phone records
  • Traffic citations

Police reports are another type of evidence that can be relevant to distracted driving accident claims. However, a police report doesn't always tell the full story. An officer who didn't personally witness the distraction may not note it in their report at all, even if distraction clearly contributed to the crash.

A gap in the evidence doesn't mean a claim lacks merit. It just means that additional proof will likely be necessary to build a strong case. Each piece of evidence adds context that can help our team establish a clear picture of what happened in the moments before impact.

Compensation Available to Distracted Driving Victims

A distracted driving case accounts for both the financial costs of your injuries and the personal toll they take. Depending on the severity of your injuries and the length of your recovery, you may be able to recover compensation for:

  • Emergency treatment, surgery, and the follow-up care and therapy still ahead of you
  • Income you lose while you are unable to work
  • Reduced earning capacity if your injuries limit the work you can do going forward
  • Pain, suffering, and the loss of activities you enjoyed before the crash
  • Out-of-pocket costs like prescriptions, medical equipment, and travel to appointments

Washington requires drivers to carry minimum amounts of liability coverage, but those minimum limits can fall short of what a serious injury actually costs. Medical bills and income losses add up quickly and can exceed a driver's policy limits, which can leave victims scrambling to cover the difference between what they need and what the at-fault driver's policy provides.

Fortunately, there are other potential sources of compensation after a crash.

  • Uninsured (UM) or Underinsured Motorist (UIM) Coverage: Your own policy can pay when the at-fault driver carries no insurance or not enough of it, and a rejection of the coverage counts only if you made it in writing under RCW 48.22.030.
  • PIP Coverage: Personal injury protection pays your medical expenses without any requirement to prove fault. Insurance companies have to offer PIP on every new and renewed auto policy in Washington, and a rejection counts only if you made it in writing under RCW 48.22.085.
  • Health Insurance: If you exhaust all available auto insurance coverage, your health insurance can cover treatment costs while your case moves forward.

Pull your declarations page before you assume you have neither UM/UIM nor PIP, and if you don't remember signing a rejection, ask your carrier to produce it, because coverage may still apply without one. Money your PIP carrier or health insurer paid toward your treatment can be subject to reimbursement from your settlement, and reducing those demands before your case closes is part of what our attorneys do.

If the At-Fault Driver Was on the Job

Distracted drivers sometimes cause accidents while they're on the job. Delivery drivers, rideshare drivers, and employees driving company vehicles can all fall into this category. If a driver causes a crash while working, their employer may share liability for any harm that results from the crash, and that liability can open up additional opportunities for injured people to seek compensation.

For example, employers commonly carry commercial auto insurance policies, and commercial policies can have much higher coverage limits than a typical personal auto policy. Similarly, delivery companies and rideshare services typically have general liability policies that apply to accidents caused by their drivers. Our firm can identify all additional sources of compensation and pursue every option available to you.

If You Don't Have Health Insurance

Washington hospitals cannot deny you access to care because you can't pay, and every hospital in the state has to maintain a charity care policy under RCW 70.170.060. Family income below 200 percent of the federal poverty guidelines qualifies you for medically necessary hospital care free of charge, and a discount applies at higher income levels depending on the hospital. Apple Health, Washington's Medicaid program, covers treatment for those who meet its income requirements. Certain providers agree to treat crash victims on a lien and wait for payment until the case resolves, which our team can arrange so your treatment starts now.

How Partial Fault Could Affect Your Recovery

If another party accuses you of contributing to the accident, you might worry about your ability to recover compensation. The good news is that Washington law is on your side here. Under RCW 4.22.005, the state’s pure comparative fault rule, you can still recover compensation from other at-fault parties even if you bear some responsibility for a crash. Your compensation may be reduced by your percentage of fault, but that partial fault doesn’t eliminate your right to recover, like it would in some other states.

Insurance companies may try to pin blame on you even when the evidence doesn't support it to minimize what they owe. An attorney who knows how Washington's comparative fault rule works can push back against a blame-shifting tactic and protect the value of your claim.

Steps to Take After the Accident

The steps you take after a crash can directly affect the strength of your claim. Here’s what to focus on.

First, seek medical attention right away, even if your injuries seem minor. Some injuries take days to fully surface, and a gap between the crash and your initial treatment can give the insurance company room to argue that something else caused your condition. Afterward, be sure to stay consistent with follow-up appointments and save documentation of all your expenses.

Second, be cautious when interacting with any insurance company. Adjusters may call you soon after the crash and ask for a recorded statement. Never give one until you've had the chance to seek attorney advice. An adjuster uses a recorded statement to hold you to one version of events, and any contradictory information you provide as new facts come to light could hurt your claim. You should also avoid guessing about facts you don't know, downplaying your injuries, or discussing fault before you talk to an attorney.

How Long Does a Distracted Driving Claim Take?

It depends. Straightforward cases with clear liability might settle within several months, while cases with disputed fault, significant injuries, or multiple defendants can take considerably longer.

RCW 4.16.080 gives you three years from the date of the accident to file an injury lawsuit. Three years may seem generous, but the time can go quickly, and evidence can deteriorate rapidly if no one thinks to preserve it. It’s best to reach out to our team sooner rather than later so we can start building your case while the evidence is fresh and there’s still time to file.

Settling on Your Own vs. Hiring an Attorney

Insurance companies extend settlement offers directly to unrepresented accident victims all the time, but those offers usually won’t reflect the full value of a victim’s claim. An attorney brings resources to the table that most people simply don’t have access to, including experts who can provide valuable testimony and negotiation skills built on years of experience.

When you come to Freeman Law Firm, Inc., for help, we can evaluate every aspect of your case, from the immediate medical costs to the long-term effects an injury may have on your life. A full accounting of your losses gives us leverage at the negotiating table, and it's a major reason why injured people typically see stronger results with attorney representation than without it.

Why Choose Freeman Law Firm, Inc.?

Freeman Law Firm, Inc. has an office location right here in Olympia, so help is never far for local victims of distracted driving accidents. Additionally, our experience with the local courts and insurance adjusters gives us an edge when it comes to moving your case forward efficiently.

We built our practice on compassionate counsel and fierce advocacy. From your very first conversation with us, our team will listen closely to your story and take the burden of your claim off your shoulders so you can focus on healing. We take cases on a contingency basis, so you pay nothing unless we win, and our interests are aligned with yours from start to finish.

We also believe strongly that justice extends beyond the courtroom. Once we complete your case, we will donate 1 percent of our attorney fees to a charity of your choosing.

Talk to an Olympia Distracted Driving Accident Attorney Today

A distracted driving crash can leave you facing unexpected medical bills, missed work, and an uncertain future. You don’t have to face any of it alone. Contact Freeman Law Firm, Inc. today at (360) 338-6886 for a free consultation with our Olympia distracted driving accident lawyers, and let us help you pursue the recovery you deserve.


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