A man has been charged with vehicular assault after his vehicle left the roadway and struck a man who was fueling a car on the shoulder, said King County prosecuting attorney Dan Satterberg.

Patrick Franklin was on the shoulder of southbound Interstate 5 just north of South 200th Street in SeaTac Sunday fueling his car when he was struck.

The car that struck him was driven by Mugiraneza Vianne, according to charging documents. Investigators said Vianne was driving on southbound I-5 when he drifted out of his lane and onto the shoulder.

Vianne struck Franklin, who was thrown to the front of his car, and then Vianne pulled over further down the shoulder.

Franklin sustained serious injuries and his doctor said he is most likely paralyzed, documents said.

Witnesses told Washington State Patrol that Vianne was on his cell phone at the time of the collision.

According to documents, when a trooper questioned Vianne at the scene he said he thought he struck the vehicle’s mirror, but did not hit a person. He was asked if he was on his phone at the time of the collision, Vianne said no.

The trooper looked at Vianne’s phone and records showed there was a call at the time of the collision. The trooper also said Vianne was exhibiting signs of impairment, documents said. Blood was drawn from Vianne and WSP is awaiting toxicology tests from those samples.

Franklin’s family said he has a broken neck, broken legs and internal injuries.

Vianne is scheduled to be arraigned on April 12.