How Washington’s Broad Public Records Laws Impact Access to Evidence

Washington’s Public Records Act offers a powerful advantage to injured victims seeking justice. The Public Records Act is known for its broad disclosure requirements, giving individuals the right to request records from police departments, transportation agencies, municipalities, and other public agencies. This makes it easier for injury victims to prove fault in an injury claim and build a case that gives them a shot at fair compensation.

If you’ve suffered an injury and you want to hold the negligent party accountable, the team at Smith McBroom Injury and Accident Lawyers is here to support you. Call us today to schedule a consultation with one of our experienced attorneys now.

What is Washington’s Public Records Act?

Washington’s Public Records Act strives to promote government transparency and accountability. This act applies to state and local agencies, including:

• Police departments
• Sheriff’s offices
• City and county governments
• Transit and transportation authorities
• Public school districts
• WSDOT and state departments

The reasoning behind the PRA is fairly straightforward. Public records are presumed to be open unless an exemption applies. Agencies can’t just choose to withhold records because the information in the records is inconvenient, makes them look bad, or is embarrassing.

This is a huge benefit for injury victims, since evidence from accidents is not always held by victims – it is often in the hands of the government. This law gets victims one step closer to getting the evidence they need to prove their claims.

What types of records can injury victims request?

Victims can request a wide range of public records as they build a case to hold a negligent party accountable. Some records they may request include:

• Police and law enforcement records, including accident reports, dashcam video footage, dispatch notes, officer incident reports, and body camera footage.
• 911 calls and dispatch records, including audio recordings and transcripts, response time documentation, and dispatch logs.
• Traffic camera footage may be available (subject to privacy, security, and statutory exemptions).
• Road maintenance records, which can be especially useful if an accident may have occurred due to dangerous road conditions or poorly maintained roads.
• Government property records, which may include building inspection reports, safety violation reports, maintenance histories, and incident reports.

How do you request public records in Washington?

Typically, you have to submit a written request to access public records in Washington. Depending on the government agency or municipality you are communicating with, you may be asked to submit a request via written letter, email, or an online portal.

You should describe the records you want in detail. Include names, dates, and subject matter so you are only requesting relevant records.

You may then have to pay fees to get records copied, scanned, and mailed to you. However, these fees must be reasonable. Agencies cannot charge exorbitant fees to try to deter people from requesting their records.

What should I expect from this process?

After you submit your request in writing, the agency you’ve written to has five business days to respond. Their response may:

• Provide the requested records
• Provide an installment schedule for production of the records (this is particularly common if you have requested a large number of documents or the records are very old)
• Request clarification regarding the records you want
• Deny the request 

Note that if they deny the request, they cannot simply deny the request outright. They have to cite a specific legal exemption.

Regardless of their response, the agency must provide a reasonable estimate of the time needed to produce the records. The reasonableness of an agency’s time estimate depends on the volume of records requested, the complexity of the request, and how old the records are. That’s why it’s important to be extremely specific in your request and limit your request only to documents related to your case.

Common exemptions

There are several exemptions that limit what people can request from the government. Generally, these exemptions aim to protect personal privacy, sensitive security information, or protected health information. You may also be denied records related to ongoing criminal investigations, as public access to these records prior to the end of a case may cause problems. Finally, attorney-client communication is privileged and can typically not be accessed via a public records request.

If an agency believes that something you’re requesting is exempt from the Public Records Act, they must cite a specific exemption when they deny your request. Blanket denials are generally not acceptable.

How public records may strengthen your personal injury case

Access to public records can significantly strengthen your personal injury case. To start, accessing publicly available information early may allow you to preserve evidence. Some public records are only retained for limited periods of time. For example, body cam recordings and dashcam recordings. With a public records request, you can get an answer to your request within five business days.

Records may also help you establish government negligence, which is especially helpful considering that claims against the government follow their own separate procedure and timeline.

Disputing a government’s story of how something happened can be challenging without the right evidence. When they hold all of the relevant evidence, it’s even harder. Public records may put you in a stronger position to challenge the official narrative, prove your innocence, and demonstrate the other party’s negligence. This may help you secure the compensation you deserve. Imagine, for example, a claim involving a car accident with a police officer. The police department immediately puts out a statement that you swerved in front of the officer and slammed on your brakes. You request the dash cam footage from the incident and prove that you merged lanes safely and that the police officer did not attempt to stop until the last possible second.

Start your personal injury claim with Smith McBroom Injury and Accident Lawyers

Our team knows how to use public records, privately gathered evidence, and witness statements to build a solid claim against an at-fault party. Let’s get started now. Call us or send us a message online to take the first step today.