Getting hit by someone who was looking at a phone is one of the most common ways crashes happen in Washington, and the state has written some of the country's strictest rules to stop it. If a distracted driver hit you, the specific statute they broke matters, because it shapes both the ticket they face and the evidence in your injury claim.
Washington's main law is nicknamed the "E-DUI," short for driving under the influence of electronics. It took effect July 23, 2017, and replaced a weaker texting ban that was easy to skirt.1 Here is what it actually says, what it costs, and how it plays into a claim after a crash.
What the E-DUI law bans
Under RCW 46.61.672, you commit a traffic infraction if you use a "personal electronic device" while driving on a public highway.1 The statute defines "use" broadly. It covers holding the device in either hand or both hands, and using a hand or finger to compose, send, read, view, access, browse, transmit, save, or retrieve email, text messages, instant messages, photos, or other data.1 Watching video is banned outright.1 A "personal electronic device" is any portable device capable of wireless communication or data retrieval that isn't built primarily for hands-free use, so cell phones, tablets, laptops, gaming devices, and two-way messaging units all qualify.1
The part that surprises people: the ban applies when you are stopped in traffic or waiting at a red light, not only when the car is moving.2 And it is a primary offense, so an officer can pull you over for the phone alone, without needing another reason.2
What you can still do
Hands-free use is legal. You can talk through Bluetooth or a mounted speaker, and you are allowed a single touch or swipe of a finger to start or end a function.23 Setting a GPS route or picking music before you pull out is fine.3 The statute also carves out four exceptions: contacting emergency services, transit employees using a dispatch system, commercial drivers using equipment allowed under federal rules, and operators of authorized emergency vehicles.1
The line is simple in practice. The phone can sit in a mount and you can tap it once. The moment it is in your hand, or you are reading and typing, you are over it.
What a ticket costs
The Washington State Patrol lists a first E-DUI ticket at a minimum of $145, and a second or later ticket at a minimum of $243.2 The statute drives that jump: a second or subsequent offense is charged at two times the base penalty set by the state's monetary-penalty schedule in RCW 46.63.110.14 Unlike some repeat-offense rules, the current statute sets no lookback window, so an older violation still counts against you.1
There is a newer wrinkle. If you commit the infraction inside a designated "crash prevention zone," the base penalty is doubled and cannot be waived, reduced, or suspended.1
An E-DUI is more than a fine. It is a moving violation, so it lands on your driving record and is reported to your insurer, which can push up premiums.2 That point cuts both ways after a crash, because a citation on the other driver's record is a documented fact you can point to.
The other distracted-driving law
Phones are not the only thing Washington polices. RCW 46.61.673 covers "dangerously distracted" driving, defined as any activity unrelated to operating the vehicle that interferes with safe driving.5 This is the statute officers use for eating, grooming, reading, or reaching for something loose in the car. The base penalty is $30, roughly $99 after assessments.53
One key difference: dangerously distracted driving is a secondary offense. Police can only cite it after stopping you for something else, such as speeding or crossing the center line.5 The device ban does not work that way, which is why an E-DUI carries more weight in a claim.
How distraction affects your crash claim
If a distracted driver hurt you, the ticket helps, but it is not the whole case. Washington follows pure comparative negligence under RCW 4.22.005, so each driver's share of fault reduces their recovery by that percentage, and even a driver who is mostly at fault can still collect something.6 In practice, an E-DUI citation against the other driver is strong evidence they breached their duty of care. If you were glancing at your own phone, expect the other side to argue your percentage up.
Timing matters too. You generally have three years from the date of the crash to file a personal injury lawsuit in Washington, and the same three-year clock applies to property damage claims, under RCW 4.16.080(2).7 Miss it and the claim is usually gone, no matter how clear the fault.
The police collision report is where a distraction finding often first appears, and you can request yours through the state's system; see our Washington crash reports guide. If the crash also cut your car's resale value, that is a separate line of money worth understanding on our Washington diminished value page. And if the injuries are serious or fault is contested, it is worth talking to a lawyer; you can start with our legal directory.
The numbers behind the law
Distraction is not a minor factor on Washington roads. The Washington Traffic Safety Commission attributes about 30 percent of crash deaths and 23 percent of serious injuries to distracted driving, which ranks behind only impairment and speed among dangerous driver behaviors.8 Distracted-driver-involved deaths fell to 90 in 2020 after the E-DUI law took hold, then climbed back to 136 in 2023 and 138 in 2024.8 Cell phones remain the most common culprit: about 71 percent of distracted drivers observed were on their phones, and the commission estimates one in four crashes involve phone use in the moments beforehand.8
Those figures are the reason the fine doubles for a second offense and the reason officers can stop you on the phone alone. For anyone hit by a distracted driver, they are also a reminder that this harm is well documented and heavily studied.
This article is general information, not legal advice.
Sources
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Washington State Legislature, RCW 46.61.672, Using a personal electronic device while driving. https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.672
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Washington State Patrol, Distracted Driving. https://wsp.wa.gov/crime/report-something/distracted-driving/
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Washington Traffic Safety Commission (Target Zero), Distracted Driving. https://www.togetherwegetthere.com/distracted-driving/
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Washington State Legislature, RCW 46.63.110, Monetary penalties. https://app.leg.wa.gov/rcw/default.aspx?cite=46.63.110
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Washington State Legislature, RCW 46.61.673, Dangerously distracted driving. https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.673
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Washington State Legislature, RCW 4.22.005, Effect of contributory fault. https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.005
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Washington State Legislature, RCW 4.16.080, Actions limited to three years. https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080
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Washington Traffic Safety Commission, Focused Driving Data. https://wtsc.wa.gov/safe-driving/focused-driving/focused-driving-data/