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Distracted driving takes many forms—phone use, in-car screens, missed traffic signals—and in the moment it happens, it doesn’t always leave a visible trace. The police report may be brief or unclear, and the other driver might not say much at the scene.
That doesn’t make accountability out of reach. Fault is based on conduct—whether the driver was paying attention, obeying traffic laws, and making decisions that kept others safe. What happens in the hours and days afterward can shape the strength of the case, especially when key details haven’t been documented yet.
If you were hit by a distracted driver, Freeman Law Firm, Inc. can help protect your claim and hold the other driver accountable. Call (253) 383-4500 for a free consultation with our distracted driving accident lawyers who know how to prove inattention and push back against insurance delays.
Distraction doesn’t have to be extreme to justify a claim. Distracted driving accident cases rely on one standard: whether the driver failed to use reasonable care under the circumstances.
A driver can be held responsible even if no law was broken. In Washington, civil liability is based on conduct—not citations. That distinction matters when distraction played a role but wasn’t documented in the police report.
Some of the most common behaviors that lead to liability include:
Not all of those behaviors are illegal—but they may still fall below the standard of care expected under Washington law.
Whether distraction is clearly documented or not, the issue is whether the driver’s attention lapsed in a way that caused harm. That’s what opens the door to accountability.
Washington prohibits holding a phone while driving under RCW 46.61.672. That includes reading, writing, or sending texts; holding a phone during a call; and using apps or maps while the vehicle is moving or temporarily stopped. The law applies even if the driver is sitting at a red light.
Not every form of distraction violates this statute, however. The law allows hands-free use, including Bluetooth and built-in vehicle systems. A driver can comply with RCW 46.61.672 and still be too distracted to avoid a crash.
Injury claims don’t require a citation. Civil liability is based on whether the driver acted with reasonable care under the circumstances—not just whether they followed the traffic code. A person can be held responsible even if the police report doesn't mention distraction or the driver wasn’t ticketed.
Here’s what matters in distracted driving accident cases:
Whether or not a citation was issued, the driver’s level of focus and whether it fell below what’s expected under Washington law is what determines fault in a personal injury claim.
In cases where distraction isn’t documented at the scene, evidence has to come from somewhere else. That process usually begins with identifying what the driver was doing in the final seconds before the crash—and working backward from there.
Our attorneys build distracted driving cases using sources like:
Sometimes it’s not a single detail, but a pattern like delayed braking, no skid marks, conflicting accounts, that starts to paint the picture.
Key evidence that can prove fault can disappear quickly. Video is overwritten, phones are replaced, and memories fade. The sooner the case is investigated, the better the chance of preserving the proof needed to hold the driver accountable.
Insurers move fast when it benefits them—usually to get a recorded statement or offer a quick payout before the full extent of the injury is clear. After that, delays tend to work in their favor. A slow claims process gives them more time to question treatment, challenge liability, and shift attention away from what their driver did.
Fault doesn’t just come down to what happened. How the story gets framed matters, too. Insurers use specific strategies to undercut valid claims:
Tactics like this shift the focus away from the distracted driver and place scrutiny on the person who was injured.
What seems like a routine call or simple paperwork can affect the entire case. Adjusters are trained to minimize exposure for the company. They typically aren’t working toward a fair outcome, they want to close the file for as little as possible.
An attorney who’s handled distracted driving cases knows how to flag insurance company tactics early. That includes intercepting premature settlement offers, managing communication, and making sure documentation reflects the actual scope of the injury—not just what the insurer wants to acknowledge.
When the case is taken seriously from the start, the process changes. And so does the outcome.
The costs tied to a distracted driving crash go well beyond the first hospital visit. Injured drivers deal with follow-up care, schedule disruptions, and real financial pressure, sometimes for months.
Recoverable damages may include:
A single ER bill may start the claim—but it doesn’t define the full extent of what the crash disrupted. The broader effects are just as real, and they belong in the conversation from the start.
Washington’s Personal Injury Statute of Limitations gives you three years from the date of the crash to file a lawsuit. If the deadline passes, the case can be thrown out—even if the other driver admitted fault or the injuries are well-documented.
Waiting too long also makes it harder to build a strong claim. Video may be lost, phone records harder to access, and treatment gaps can give insurers an excuse to push back. Filing sooner helps preserve what matters and gives your attorney more room to deal with insurance disputes before they drag out.
When a distracted driver causes a fatal crash, the right to bring a wrongful death claim passes to certain surviving family members or the personal representative of the estate. Wrongful death claims are time-sensitive and subject to specific requirements under Washington law.
Recoverable damages may include funeral costs, loss of income the person would have provided, and the impact of losing a spouse, parent, or child. If the distracted driver was insured, compensation may be available through one or more liability policies.
Wrongful death claims don’t reverse what happened—but they can create financial stability at a time when families are dealing with sudden, preventable loss.
We’ll start with the facts—when and where the crash happened, what led up to it, and the type of injury or disruption you're dealing with. You don’t need to have every detail. This first step is about understanding whether the situation is one we can help with.
If the information points to potential liability and real impact, we’ll take a closer look. That may include reviewing available records, identifying insurance coverage, and tracking early signs of fault or distraction.
If it’s a case we can take, we’ll walk you through how it would move forward. That includes how evidence is gathered, how communication with the insurer is handled, and what to expect in terms of timing.
Freeman Law Firm handles injury cases on a contingency fee basis. That means you don’t pay anything up front, and there are no hourly charges. We only collect a fee if we recover money for you.
You’re not locked into anything after the first call. If you’re ready, we can move ahead. If you need time or decide not to pursue a claim, that’s up to you.
If a distracted driver caused your crash, you may qualify for compensation. Call Freeman Law Firm, Inc. at (253) 383-4500 to speak with a team that knows how to prove fault, protect the