Washington State Drunk Driving Accident Attorneys

After a crash caused by a drunk driver, life can turn upside down. You are dealing with pain from your injuries, medical care and bills, time away from work, car repairs, and confusing calls from adjusters. Washington law gives you clear paths to recover money from the impaired driver and, in some cases, from the bar or restaurant that served them.

Freeman Law Firm, Inc. fights for the injured across Washington state to pursue full recovery after an alcohol‑related accident. If you were hurt in a crash caused by a drunk driver, call our drunk driving accident lawyers at (253) 383-4500 for free consultation. You don’t pay anything unless we win.

Washington Rules That Shape a Drunk Driving Injury Case

DUI Violation and Liability

Washington’s DUI statute makes it a crime to drive with a breath or blood alcohol concentration of 0.08 or higher within two hours of driving or to drive while affected by alcohol or drugs. In a civil injury case, breaking the DUI law functions as negligence per se under Washington’s evidence statute. That means the drunk driver’s violation satisfies the “breach of duty” element in your injury case; you still show causation and damages, but you don’t battle over whether the driver acted carelessly. (see RCW 46.61.502)

Bar and Restaurant Overservice (Dram Shop Exposure)

Washington forbids selling alcohol to a person “apparently under the influence.” In drunk‑driving crash cases, the Washington Supreme Court recognized that standard as the measure for civil liability against a commercial alcohol vendor. If a bar served a patron who showed signs of intoxication and the patron then caused the crash, the vendor can face civil exposure alongside the driver. (see RCW 66.44.200)

Social Host Rules

Serving alcohol at home leads to different results. Washington recognizes a claim by an intoxicated minor against a social host who furnished the alcohol, but does not extend that liability to third parties injured by the minor. Washington also does not impose social‑host liability for serving intoxicated adults.

Comparative Fault

Washington uses a pure comparative fault rule. If an insurer argues you share some responsibility—for example, a seat belt defense—your recovery is reduced by your percentage of fault, not eliminated. It’s referred to as “pure” because you could still recover something equal to your share of fault, as long as it isn’t 100%. (see RCW 4.22.005)

Punitive damages

Washington does not generally award punitive damages in standard personal injury cases, including drunk driving. Any compensation awarded will come from economic and non‑economic losses.

Protecting Your Case After the Crash

Use the list below to protect your health and your case. Not every item applies to every situation—pick what fits and let us lift the rest.

1. Get medical care right away and follow through because gaps in your treatment give insurers room to argue that your symptoms aren’t directly connected to the accident.
2. Photograph injuries, vehicles, debris, skid marks, and any visible alcohol containers at the scene or in the other vehicle if safe to do so.
3. Ask for the officer’s name, agency, and report number. Police crash reports and DUI toxicology updates will provide helpful information for your case.
4. Keep every bill, receipt, and mileage record tied to medical care.
5. Save your damaged clothing and any devices damaged in the crash.
6. Start a simple daily log describing pain, sleep issues, missed work, and limitations.
7. Give your insurer notice and open your insurance claim for Personal Injury Protection (PIP) if you carry it. (PIP is optional in Washington but insurers must offer it; a signed rejection is required to opt out. see RCW 48.22.085)
8. Don’t agree to a recorded conversation with the other driver’s insurance company before you talk with a lawyer.
9. If the driver came from a bar or restaurant, write down everything you remember: name of the place, time window, how the driver described the outing, anything the officer said about receipts or tabs. The Washington Liquor and Cannabis Board (LCB) regulates overservice; complaints and records tied to the vendor can support the civil case.

Compensation Sources in Drunk Driving Accident Cases

At‑Fault Driver’s Liability Insurance

Washington requires at least 25/50/10 in auto liability limits: $25,000 per person for bodily injury, $50,000 per crash total for bodily injury, and $10,000 for property damage. Lower‑limit policies run out fast on hospital‑level injuries, so the additional sources below can help support maximum compensation.

Underinsured Motorist (UIM) Coverage

UIM pays when the drunk driver’s policy isn’t enough or the driver has no insurance. Washington insurers must offer UIM and need a written rejection if you opt out; without a signed waiver in the file, UIM is presumed to exist. Washington also prescribes warning language for UIM rejections. (see RCW 48.22.030)

Personal Injury Protection (PIP)

PIP can pay medical bills and wage loss without waiting on fault. Insurers must offer it and need a written rejection to exclude it. Minimum PIP benefits include medical and hospital coverage and a small funeral benefit; higher limits are available.

Bar or Restaurant Liability Insurance

If evidence shows overservice to an apparently intoxicated patron, the vendor’s commercial policy becomes another source of recovery. LCB rules and internal training records, receipts, and video can help prove the overservice element.

Employer Coverage

If a drunk driver was on the clock or driving a company vehicle, the employer’s commercial auto or general liability policy may apply. Our personal injury attorneys will collect any evidence on work status and dispatch or timekeeping records.

Possible Damages Available in Drunk Driving Accident Cases

Recoverable damages may include:

• Medical bills and future medical needs
• Wage loss and diminished earning capacity
• Help at home that injuries made necessary
• Pain and suffering and loss of enjoyment of life
• Property damage and loss of use

One key distinction: a criminal case can result in restitution, but state law limits restitution to out‑of‑pocket, easily calculable losses like medical bills, wage loss, and property damage. Restitution does not include pain and suffering. The personal injury case is where full non‑economic damages are pursued. (see RCW 9.94A.753)

Key Evidence in Winning Cases

Winning cases rely on proof. The list below shows what influences recovery and how it supports your case.

• Toxicology and DUI charging records. BAC tests and drug screens support negligence per se and link impairment to the crash mechanism.
• Body‑cam, dash‑cam, and 911 audio. Slurred speech, balance issues, and time‑stamped observations show the “apparently under the influence” standard for bar liability and help with causation.
• Receipts and point‑of‑sale data. Time‑stamped tabs, server notes, and tip receipts connect the patron to the vendor.
• Surveillance video. Camera loops at bars frequently overwrite in days or weeks. A preservation letter to the vendor and a public‑records request to LCB can keep that video from disappearing.
• Witness statements. Servers, bartenders, patrons, and bystanders often give decisive detail about speech, balance, or service cut‑offs.
• Accident reconstruction. Speed, lane position, and braking help the jury understand causation, especially where the defense claims fatigue or distraction rather than alcohol.

Deadlines and Notice Requirements in Washington

General deadline. Washington gives three years from the crash date to file an injury case. Waiting risks lost proof and weaker medical ties to the collision.

State or local government defendants. Washington law requires a tort claim notice before filing suit against a state agency or a city or county. File the notice with the correct office, then wait 60 days before filing the lawsuit. The 60-day period pauses the three-year clock, and if the deadline would expire during the wait, filing within five court days after the 60th day counts as timely. Start early to avoid timing problems.

What the tort claim notice includes. Keep it straightforward: date and location of the crash, a brief description of what happened, your current damages, and your contact information. If you are unsure which office receives the notice, ask the agency or city clerk for the proper filing location.

Drunk Driving Accidents vs Regular Crash Cases

• Built‑in liability standard. DUI equals negligence per se in civil court under Washington’s statute, cutting off arguments about ordinary care.
• Additional liable parties. A bar or restaurant that served an apparently intoxicated patron can share responsibility where service and impairment intersect with the crash.
  
• Expanded evidence map. Beyond the police file and medical records, a strong case digs into point‑of‑sale logs, training records, vendor video, and LCB documents.
• Coverage stacking. Low state‑minimum auto policies mean you look to UIM, PIP, and a vendor’s commercial policy to reach full recovery.
• No punitive damages. Washington channels the case toward full compensatory damages rather than punishment.

What to do if The Driver Came From a Bar or Restaurant

Time and detail make the difference on overservice claims:

• Write down the establishment name, location, and any details you heard about the outing.
• Save any texts or social media posts referencing the venue.
• Tell your lawyer early that vendor liability may exist so preservation letters can go out for video, receipts, and training logs.
• Consider reporting overservice to LCB; agency files and enforcement notes can later support civil discovery.

FAQs for Washington drunk driving crash victims

Does a DUI conviction automatically win the civil case?

A conviction helps, but it isn’t required. The civil burden of proof is lower than “beyond a reasonable doubt,” and DUI law violations qualify as negligence per se in the civil case. Civil recovery still requires proof of causation and damages.

What if the drunk driver had state‑minimum insurance?

State‑minimum policies pay $25,000 per injured person and $50,000 total per crash. Your UIM coverage can step in above that if you purchased it or did not sign a waiver. A bar’s or employer’s policy can add layers when liability reaches them.

Can family members bring a case after a fatal crash?

Yes. Washington wrongful death and survival statutes allow a civil case by the personal representative on behalf of beneficiaries. Restitution in the criminal case won’t cover non‑economic loss, however, so the civil case remains the route to full damages.

Will my injury case affect the DUI prosecution against the driver?

Civil and criminal tracks run separately. Civil lawyers frequently coordinate with prosecutors to obtain records, sentencing‑phase restitution figures, and no‑contact orders without interfering with the criminal case.

How Freeman Law Firm, Inc. handles Washington drunk driving cases

• Immediate evidence preservation. We send scene and vehicle investigators, lock down 911 audio, body‑cam requests, and collision data, and send preservation notices to bars or restaurants when vendor liability is in play.
• LCB and vendor discovery. We request enforcement files, training records, incident logs, and surveillance from the vendor and the Liquor and Cannabis Board. In our experience, bar video loops can overwrite within days or weeks, so early quick pays off.
• Coverage mapping. We identify all insurance layers: at‑fault liability, UIM, PIP, and any commercial policies tied to an employer or vendor. Washington’s offer‑and‑rejection rules on UIM and PIP create leverage when carriers can’t produce signed waivers.
• Damages presentation that matches real life. We build the medical and wage‑loss picture with treating providers and specialists, then document the day‑to‑day impact with proof juries find credible.
• Straight talk with families. Families reading on behalf of a loved one get clear timelines, regular updates, and a path that respects grief and bandwidth.

Let Freeman Law Firm, Inc. Fight for You

Freeman Law Firm, Inc. represents people across Washington who were injured by drunk drivers. Our attorneys act quickly to confirm deadlines, preserve key records, and start the right insurance claims without giving up leverage. A direct call gives you answers about your options and what steps will protect your recovery. Call (253) 383-4500 for a free consultation or send us an email. You pay nothing unless we win.