Striking a Pedestrian While Driving Distracted
In Washington State, the law is clear about the responsibilities of drivers to ensure safety on the roads, especially when it comes to pedestrians. Distracted driving is a growing concern, and when it leads to a pedestrian being struck, the legal and personal consequences can be severe. At the Law Office of Erin Bradley McAleer, we understand the complexities of such cases and are here to provide guidance and support.
The Impact of Distracted Driving
Distracted driving refers to any activity that diverts attention away from driving, including texting, talking on the phone, eating, or adjusting the radio. Such distractions can significantly impair a driver’s ability to respond to their surroundings, making it especially dangerous when navigating areas where pedestrians are present.
When striking a Pedestrian While Driving Distracted, the situation often becomes complex from a legal standpoint. The driver may face criminal charges, civil liability, and significant personal consequences. Understanding how Washington State handles these cases can be crucial in navigating the legal landscape.
Legal Consequences for Distracted Driving
Criminal Charges
In Washington State, distracted driving is a violation of RCW 46.61.672, which prohibits using a handheld device while driving. If a driver’s distraction results in hitting a pedestrian, they may face criminal charges such as negligent driving or reckless driving. In more severe cases, if the incident causes serious injury or death, the charges could escalate to vehicular assault or vehicular homicide.
Civil Liability
Beyond criminal charges, a distracted driver may also be held civilly liable for damages. This means the injured pedestrian or their family can file a lawsuit seeking compensation for medical expenses, lost wages, pain and suffering, and other damages. Washington State follows a comparative fault system, where damages are apportioned based on the degree of fault. Even if the driver was partially at fault, they can still be held responsible for their share of the damages.
Defenses and Legal Considerations
When defending against charges related to striking a pedestrian while distracted, several factors come into play:
Establishing the Nature of the Distraction
Determining whether the driver’s distraction was the primary cause of the accident is essential. This involves investigating the driver’s behavior at the time of the accident, including reviewing phone records, witness statements, and other evidence.
Assessing the Pedestrian’s Actions
In some cases, the pedestrian’s actions may also be relevant. If the pedestrian was jaywalking or otherwise contributing to the accident, this could influence the case’s outcome. Washington State law requires pedestrians to use crosswalks and follow traffic signals, and violations of these rules can affect liability.
Proving the Driver’s State of Mind
Defending a distracted driving case may involve proving that the driver’s distraction was not the primary cause of the accident. This could include presenting evidence of road conditions, vehicle malfunction, or other factors that contributed to the incident.
The Role of Legal Representation
Navigating the legal aftermath of striking a pedestrian while driving distracted requires skilled legal representation. At the Law Office of Erin Bradley McAleer, we provide comprehensive legal support, including:
- Thorough Investigation: We conduct detailed investigations to uncover all relevant facts and evidence, including examining driving records, accident reports, and witness testimonies.
- Expert Consultation: We work with experts in accident reconstruction and forensic analysis to build a strong defense or to support your claim if you are the injured party.
- Negotiation and Litigation: Whether negotiating a settlement or representing you in court, our team is dedicated to achieving the best possible outcome for your case.
How We Can Help
If you have been involved in an accident where a pedestrian was struck while you were driving distracted, or if you are facing charges or a lawsuit related to such an incident, contact the Law Office of Erin Bradley McAleer at (360) 334-6277.