Washington’s Hands-Free Law Exists For A Reason, And The Local Crash Numbers Help Explain Why
Distracted driving doesn’t always look reckless in the moment. Sometimes it can seem totally ordinary. A driver checks a text at a red light, or enters an address in Google Maps, taps on a notification, or glances down at their phone for what feels like only a second. But on a public road or highway, that moment can still be enough to cause a severe crash that leaves someone dealing with medical bills, missed work, and lasting pain for the rest of their life.
At The Scott Law Firm, PLLC, we’ve seen how often distracted driving collisions leave injured victims in a difficult position. The driver who caused the crash may try to minimize what happened: "I didn't hit them that hard." The insurance company may do the same. But the numbers out of Washington and Vancouver show this issue is not rare, and it’s not minor.
According to crash data from the Washington State Department of Transportation, in 2025 alone, Vancouver recorded 346 crashes involving distracted drivers. Of those, 5 involved suspected serious injuries, 63 involved suspected minor injuries, and 54 involved possible injuries. The numbers are clear: Distracted driving is creating real harm close to home.
What Washington Law Actually Prohibits
Washington has taken a firm position on phone use while driving. Under RCW 46.61.672, a driver may not use a personal electronic device while driving on a public highway.
The law defines “driving” broadly to include operating a vehicle while temporarily stopped because of traffic, a traffic control device, or other momentary delay. However, the statute does not treat a driver as “driving” if the vehicle has pulled over to the side of, or off of, the active roadway and has stopped somewhere it can safely remain stationary.
It also says “use” includes holding the device, using a hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photographs, or other electronic data, and watching video. So the list of things you cannot do on your phone while driving is quite comprehensive.
The Washington State Patrol explains the rule in simpler terms. Drivers may not use hand-held cell phones while driving, while stopped in traffic, or while sitting at a stop light. Hands-free use is allowed, and minimal use of a finger to activate, deactivate, or initiate a function of the device is permitted--so, there is some leeway. But holding the device while driving is strictly forbidden.
The Penalties Are Real, But The Crash Risk Is Bigger
A violation of RCW 46.61.672 is a traffic infraction. Washington law ties the penalty to the traffic infraction schedule set under RCW 46.63.110, and a second or later violation is subject to twice the penalty amount. In practical terms, distracted driving tickets can become expensive quickly, especially when court assessments and repeat violations are involved.
Notably, Washington’s dangerously distracted driving statute also allows an additional penalty when a driver engages in a non-driving activity that interferes with safe operation, but that infraction is enforced only as a secondary action after the driver has been stopped for a separate traffic infraction (RCW 46.61.673). A distracted driver who causes a crash that results in significant injury or death may also face enhanced penalties and even criminal punishment in some circumstances.
Those fines and criminal penalties can get a driver’s attention. But for injury victims, the bigger issue is usually not the ticket or citation that matters. It’s what happened in the crash itself.
A distracted driving case may involve:
- Rear-End Collisions: These are common when a driver takes their eyes off the road. For example, a distracted driver may glance down at a notification on their cell phone screen instead of watching traffic in front of them.
- Intersection Crashes: A distracted driver may not notice a red light, or they may not see another driver's activated turn signal, or they may fail to notice there is a vehicle ahead of them that's crossing through the intersection.
- Pedestrian or Bicycle Accidents: A person not paying attention behind the wheel can easily miss a pedestrian or bicyclist nearby until it’s too late to avoid a crash.
- Lane Drift or Sideswipe Crashes:A driver using a phone may wander out of their lane of travel without realizing it until impact.
These are just some of the reasons why accidents caused by distracted drivers can become serious so quickly. It only takes a moment of distraction to cause a lifetime of consequences.
The Research Behind Distracted Driving Is Hard To Ignore
Some drivers still treat distracted driving like a bad habit rather than a serious threat to everyone's safety. Research cited in Washington safety materials suggests the problem is much more serious than most people realize.
Washington safety materials have cited research finding that a driver talking on a cell phone may show impairment similar to a driver at a .08 blood-alcohol concentration, while a texting driver may show impairment similar to a driver at .16. These same materials also report that drivers talking on cell phones may be about half a second slower to brake in an emergency and may miss more than half of the visual cues noticed by attentive drivers. Those findings help explain why Washington treats phone use behind the wheel as a serious roadway safety issue, not merely an annoying habit.
Why Vancouver Drivers Should Take This Seriously
In Vancouver alone, 346 distracted driving crashes happen every year. So, it is not merely an issue that affects larger cities. It is a real safety threat that affects people on our local roads, too. And because distracted driving crashes can happen anywhere – such as surface streets, neighborhoods, intersections, and highways, they have the potential to injure people during normal everyday routines.
For example, someone may be driving home from work or picking up their kids from school. On the way, they may stop briefly at a light, assuming that the danger is low because they're not on the highway and traffic is moving slowly. But if the driver behind them looks at a phone instead of the road, the result can be a rear-end collision with long-lasting and painful consequences.
What To Do If A Distracted Driver Hits You
If you are involved in an accident and suspect the other driver was distracted, it may be wise to take certain steps that can increase the likelihood that you can prove this later, if needed. Such steps may include:
- Calling Law Enforcement: A police report may document driver statements, phone use, or witness observations.
- Getting Medical Care Promptly: Your injuries matter, and so does the timeline connecting them to the crash.
- Preserving What You Can: Photos, witness names, and any statements made at the scene can be useful later.
- Being Cautious When Speaking With The Other Driver's Insurance Company: Representatives working for the at-fault driver's insurance company may seem helpful or sympathetic to you at first, but one of their main goals is to find ways to reduce the amount of money they must pay in order to resolve or deny the claim. That is why it is a good idea to consult with an attorney first before attempting to handle your property damage claim or bodily injury claim alone.
In some cases, distracted driving may later be supported by phone records, witness testimony, crash timing, and other circumstances of the wreck. That does not mean every case will have perfect proof. But early attention to the issue can make a difference when trying to uncover evidence that helps prove your side of the story.
A Distracted Driving Crash Can Become A Serious Injury Claim Fast
Texting while driving may begin as a simple traffic violation. But if doing so results in an accident, it can result in lifelong consequences for both the driver and those who are injured.
At The Scott Law Firm, PLLC, attorney Colin Scott works one-on-one with injury victims in Vancouver and Southwest Washington and brings more than 20 years of legal experience to serious accident cases. If a distracted driver caused your crash, contact The Scott Law Firm for a free consultation. Our firm handles injury cases on a contingency fee basis, so you won’t pay any upfront fees if you choose to work with us.
"I'm so glad I found The Scott Law Firm for my personal injury claim. Colin Scott was very attentive and professional. He was upfront about expectations and timelines, and always kept me updated with his progress. He and his team worked diligently to get me the max payout and even helped with the diminished value of my vehicle! If you’re ever in need of a lawyer to assist with your accident, The Scott Law Firm is the place to go!" – Alysse S., ⭐⭐⭐⭐⭐
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The information on this website is not legal advice. Using this website does not create an attorney-client relationship. If you have questions about a legal matter, you should consult with an attorney who is licensed to practice law in the appropriate jurisdiction and familiar with the facts of your situation. To learn more about how The Scott Law Firm, PLLC can assist you with a personal injury matter, contact our office today for a free consultation: (360) 718-3640.