Washington has one of the nation's stricter distracted-driving laws. Under RCW 46.61.672, often called the E-DUI law, holding a phone or electronic device while driving is illegal and a primary offense — meaning police can stop a driver for that alone.
What the E-DUI Law Covers
The law prohibits holding a personal electronic device while driving, including at stoplights. Texting, scrolling, and watching video are all covered. Violations carry escalating fines.
Because it is a primary offense, a driver can be cited for phone use even if they commit no other violation.
How Distraction Affects Injury Claims
A distracted driver who causes a crash is negligent. Evidence of phone use — citations, phone records, witness accounts — strengthens an injury claim and undercuts the at-fault driver's defenses.
Phone records can sometimes be obtained in litigation to prove distraction at the moment of impact.
Proving Distraction
Distraction is often hidden, but cell phone data, surveillance footage, and witness testimony can reveal it. An attorney knows how to pursue this evidence.
If a distracted driver injured you in Washington, a free case review can help build your case.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.