In Washington state, the legal system prosecutes the driver for criminal penalties in drunk driving accidents. At the same time, the victim pursues a civil claim for damages. Blood alcohol concentration (BAC) at the time of the incident is a central piece of evidence, often obtained through a breathalyzer test or blood alcohol test.
If you are found driving under the influence (DUI), you may face serious legal consequences. These include fines, a driver’s license suspension, and the required installation of an ignition interlock device. Furthermore, the personal injury claim brought by the victim seeks compensation for medical expenses, lost wages, and pain and suffering.
Torrone Takeaways
- Washington has a strict per se DUI law, with a 0.08% blood alcohol concentration limit.
- A drunk-driving crash results in two separate legal cases: criminal and civil.
- The civil system helps victims recover medical expenses and other losses.
- Negligence per se helps establish fault in a personal injury case.
- Damages include both economic costs like lost wages and non-economic losses like pain and suffering.
- The Statute of Limitations is generally three years for a civil claim in Washington.
- Washington law does not allow for punitive damages.
- Your own uninsured/underinsured motorist coverage may be your best option for compensation.
- Dram shop laws can hold businesses responsible for over-serving an intoxicated driver.
- A victim can win a civil lawsuit even if the driver is not convicted in criminal court.
Table of Contents
The Immediate Legal and Medical Aftermath
A drunk driving crash is a jarring event with immediate and severe consequences. The first priority is always safety and medical attention for any crash injuries. For the impaired driver, law enforcement will initiate an accident investigation to determine the cause and file a criminal case.
This includes a field sobriety test and a blood alcohol test to measure your BAC. A high blood alcohol content will lead to an arrest for driving under the influence. The legal consequences start instantly and include a driver’s license suspension.
First Steps for Victims at the Scene
For victims, the moments following an accident are critical for their personal injury case.
- Seek Medical Attention: Even if injuries seem minor, get a medical examination immediately. Undiagnosed issues like post-traumatic stress disorder can manifest later.
- Gather Information: Document everything safely, including the other driver’s information and any visible signs of intoxication.
- Do Not Discard Evidence: Do not discard clothing or personal items that might contain evidence.
How Police Investigations Work on the Ground
Law enforcement operations at the scene are focused on gathering evidence for the criminal case against the impaired drivers. The accident investigation team documents the crash site, interviews witnesses, and collects physical evidence.
Criminal penalties can be significant, but the parallel civil lawsuit for property damage and medical expenses is equally important. A criminal conviction can provide powerful evidence in a civil claim for personal injury, pain and suffering, and other damages.
Washington’s Per Se DUI Law
Washington state has a unique approach to impaired driving. Under the state’s per se DUI law, a person is automatically considered driving under the influence if their blood alcohol concentration (BAC) is 0.08% or higher within two hours of driving. The prosecution does not need to prove the driver was physically impaired by alcohol. Merely having a BAC at or above the BAC limit is enough to secure a conviction.
This strict standard for alcohol concentration makes it distinct from states that require additional evidence of intoxication. A breathalyzer test or blood alcohol test is typically used to establish this crucial evidence.
The Importance of the Two-Case System: Criminal and Civil
A drunk driving crash in Washington triggers two separate legal actions. The state initiates a criminal case to impose punishment for the violation of law. This can result in jail time, fines, and a driver’s license suspension. Simultaneously, the injured victim can pursue a civil claim to recover compensation for their losses.
This civil lawsuit seeks to hold the impaired driver financially accountable for medical expenses, lost wages, and pain and suffering. The outcome of one case does not always determine the other, as they have different burdens of proof.
What “Negligence Per Se” Means for Your Case
In civil law, the concept of negligence per se is powerful for a victim’s personal injury claim. In Washington, a driver’s violation of a safety law, such as impaired driving, is considered a breach of duty. The violation itself establishes negligence.
This means the victim does not have to prove the at-fault driver was careless or reckless; they only need to show that the driver violated the DUI law and that the violation caused their crash injuries.
Title: Washington State DUI Penalties for First and Second Offenses
| Offense | BAC Level | Jail Time | Fines & Fees | License Revocation | Ignition Interlock Device (IID) |
| First DUI Offense | Below 0.15% | Minimum 24 hours | At least $866 | Minimum 90 days | At least 1 year |
| First DUI Offense | 0.15% or higher | Minimum 48 hours | At least $1,121 | Minimum 1 year | At least 1 year |
| Second DUI Offense | Below 0.15% | Minimum 30 days | At least $1,121 | Minimum 2 years | At least 5 years |
| Second DUI Offense | 0.15% or higher | Minimum 45 days | At least $1,671 | Minimum 900 days | At least 5 years |
Economic Damages Caused by Drunk Driving Accidents
Following a drunk driving crash, victims can pursue a civil lawsuit to recover financial losses known as economic damages. These are objective and verifiable monetary costs resulting directly from the accident. Economic damages include compensation for:
- Medical expenses, such as hospital bills, doctor visits, and physical therapy
- Lost wages due to time missed from work
- Property damage to your vehicle or other personal items
A victim can seek compensation for current bills as well as projected future expenses related to their crash injuries.
The Pain of Non-Economic Damages
Beyond financial losses, victims also suffer non-economic damages, which are subjective and harder to quantify. The legal system recognizes the real impact of these losses. The term pain and suffering is a broad category that covers a range of emotional and physical harm.
This can include physical discomfort, emotional distress, and the loss of enjoyment of daily life. For instance, a person who can no longer participate in a beloved hobby due to their injuries can claim non-economic damages.
How Wrongful Death Claims Work in Washington
When a drunk driving accident results in a fatality, family members may be able to file a wrongful death claim. The claim is a separate type of civil lawsuit that seeks to hold the impaired driver responsible for the death. It allows the deceased person’s family to recover damages for their losses.
These include funeral expenses, emotional distress, and the loss of future financial support and companionship. This provides a way for families to find some measure of closure and financial stability after an unimaginable loss.
The Role of Your Own Policy and the At-Fault Driver’s Insurer
After a drunk driving crash, your first interactions will likely be with insurance companies. A personal injury claim in an at-fault state like Washington means the impaired driver’s auto insurance pays for your medical expenses and property damage.
However, your own policy is not without a civil claim. Uninsured/underinsured motorist (UM/UIM) coverage on your policy can help if the at-fault driver has no insurance or not enough coverage to pay for your crash injuries.
Avoiding Common Traps Set by Insurers
Insurance adjusters are trained to minimize payouts. They may offer a low initial settlement, hoping you’ll accept it quickly to cover immediate financial burdens like lost wages or a totaled vehicle. They might also ask for a recorded statement. Do not provide one. Insurers can use a simple statement or comment against you later to devalue your civil lawsuit.
When to File a Lawsuit Against the Insurer
A civil claim against the insurance company becomes necessary when they refuse to offer a fair settlement. This often happens if they deny your claim outright or make a lowball offer that does not account for all of your personal injury losses, including pain and suffering. Filing a lawsuit can be the next step to ensure you receive just compensation.
Dram Shop Liability in Washington
In Washington, a drunk driving crash might involve more than just the driver. Under the state’s dram shop laws, a business that sells alcohol can be held responsible for a victim’s injury. This happens if they served alcohol to a visibly drunk person who later caused a wreck.
This legal rule can make the driver and others responsible for paying money. It gives another way to get money back. Proving a business overserved a person can be a complex undertaking, requiring careful documentation of the events leading up to the crash.
When Employers Can Be Held Accountable
In some instances, an employer can share the blame for an alcohol-related crash. This can happen under a theory of vicarious liability if the impaired drivers were acting within the scope of their employment when the incident occurred.
For example, if a company hosts a function and provides alcohol, and an employee drives drunk from that event, the employer may be held liable. The employer could also be held responsible for negligent hiring or supervision if they knew an employee was a high-risk driver but allowed them to operate a company vehicle.
The Uninsured and Underinsured Motorist Dilemma
A common and frustrating scenario for victims is when the at-fault drunk driver has no insurance or very little coverage. A civil claim can be successful, but if the driver has no assets, collecting the awarded damages becomes a major challenge.
Uninsured/underinsured motorist (UM/UIM) coverage on a victim’s own auto insurance policy can be a lifesaver. This coverage allows the victim to seek compensation from their own insurance company for medical expenses, lost wages, and pain and suffering when the at-fault driver’s policy is insufficient.
Washington’s Strict Statute of Limitations
A drunk driving crash is a traumatic event, but legal action must be pursued in a timely manner. Washington law establishes a strict Statute of Limitations that governs how long a victim has to file a civil lawsuit for personal injury and property damage.
For most alcohol-related crashes, the deadline is three years from the date of the incident. This is a hard deadline; if a civil claim is not filed within this timeframe, a victim may lose the right to seek compensation, regardless of the severity of their crash injuries.
Exceptions to the Rule
While the three-year rule is the standard, certain situations can alter the timeline. For instance, if the person injured is a minor at the time of the accident, the statute of limitations is “tolled,” or paused, until their 18th birthday. After that, they have the standard three years to file a lawsuit. An exception may also apply if a victim’s injuries are not immediately apparent, allowing the clock to start when the injury is discovered.
Risks of Delaying Civil Lawsuits After DUI Accidents
Delaying a civil lawsuit is risky for several reasons. Evidence, such as skid marks, vehicle damage, or witness memories, can fade or disappear over time. Furthermore, waiting can complicate the collection of crucial records, such as medical bills and employment records needed to prove lost wages. Acting quickly helps your legal team conduct a thorough accident investigation and build a stronger case.
The True Cost of Medical Bills and Lost Wages
A drunk driving crash can create a significant financial burden on the victim. A civil claim against impaired drivers seeks to recover both present and future financial losses. This includes the immediate medical costs for emergency room visits and hospital stays.
It also covers costs for long-term care, physical therapy, and counseling for issues like post-traumatic stress disorder. A person’s inability to work due to crash injuries results in lost wages, which are also recoverable. The claim can include salary, commissions, and bonuses lost, as well as the value of lost future earning capacity.
When Punitive Damages Are Not an Option in Washington
Washington state law, unlike many other states, generally does not allow for punitive damages in personal injury cases. In these civil lawsuit claims, the focus is on compensatory damages – making the victim whole again, rather than punishing the at-fault driver. The at-fault driver’s actions are addressed in a separate criminal case handled by the district attorney’s office, which can result in a fine, jail time, or a driver’s license revocation.
Contingency Fees for Legal Representation
For many victims, the financial reality of a drunk driving crash can make them hesitant to pursue a lawsuit. A personal injury lawyer can be retained on a contingency fee basis. This means that the legal fee is a percentage of the final settlement or court award.
The client does not pay any upfront fees; the lawyer only gets paid if they successfully recover money for the client. This arrangement allows individuals with limited financial resources to access the legal system and seek justice without added financial stress.
The Interplay Between Criminal Charges and Your Civil Claim
Following a drunk driving crash, two separate legal actions are likely to proceed simultaneously: a criminal case and a civil lawsuit. The criminal case is brought by the state and focuses on punishing the impaired driver for their actions, which may include jail time, fines, or driver’s license revocation.
In contrast, a civil claim is filed by the victim and is centered on recovering compensation for medical expenses, lost wages, and pain and suffering. The two systems have different proof requirements. A criminal conviction requires a prosecutor to prove guilt beyond a reasonable doubt. This is a higher standard than the “preponderance of the evidence” needed for a civil lawsuit.
What to Do If the Drunk Driver Isn’t Convicted
A victim’s ability to file a civil claim is not dependent on the outcome of the criminal case. It is possible to win a civil lawsuit for personal injury even if the drunk driver is not convicted in criminal court.
The lower burden of proof in civil court means that it is easier to prove negligence than it is to prove a criminal charge. The accident investigation report and the results of any breathalyzer test or blood alcohol test will still be valuable evidence for your civil claim.
Protecting Your Rights as a Victim During a Criminal Prosecution
As a victim, you have rights during the criminal proceedings. They include:
- The right to be informed of the case’s progress.
- The right to attend court hearings.
- The right to provide a victim impact statement at sentencing.
This allows your voice to be heard and ensures that the court is aware of the full impact of alcohol-related crashes on your life.
Frequently Asked Questions
1. What is a “per se” DUI law?
In Washington, a person is legally Drunk Driving if their Blood Alcohol Concentration (BAC) is 0.08% or higher. The prosecution does not need to show physical impairment.
2. What is the “Safe System approach” to traffic safety?
The Safe System approach is a proactive road safety effort to design a system where human mistakes do not result in serious traffic deaths. It focuses on improving roads, vehicles, and laws.
3. How does a criminal case differ from a civil claim?
A criminal case seeks to punish DUI offenders with penalties, while a civil liability claim seeks to financially compensate the victim for damages. The burden of proof is also different.
4. Can a defense attorney also assist in my civil case?
The defense attorney in your criminal case is separate from the lawyer for your civil claim. A criminal defense lawyer is focused on a not-guilty verdict, not your financial recovery.
5. What is the role of the National Highway Traffic Safety Administration?
The National Highway Traffic Safety Administration is a U.S. government agency. It promotes road safety efforts and tracks traffic deaths to prevent alcohol-related fatal crashes and other incidents.
6. What are “Dram Shop Laws” and “Social Host Liability”?
Dram Shop Laws hold alcohol-serving businesses responsible if they serve a visibly intoxicated person who causes a drunk-driving crash. Social Host Liability is a similar legal theory for private individuals.
7. What is the difference between a hit-and-run and a drunk driving crash?
A hit-and-run crash involves a driver leaving the scene without providing information. A drunk-driving crash is caused by an impaired driver, though the two can overlap.
Creating a Legal Plan After DUI Enforcement
Following a DUI enforcement incident, it’s vital to create a personalized plan. Consult with a qualified defense attorney to assess your unique situation and potential civil liability. A legal expert can help you take control of the situation and begin the process of moving forward.
