Rights of drunk driving accident victims in Washington

If a drunk driver hit you in Washington, the state gives you rights that are more specific than the general advice on our national hub. The deadlines, the dollar figures, and the list of people you can hold responsible are set by Washington statute and by the state's own courts. Here is what actually applies here.

Two things happen at once after a DUI crash. The state may prosecute the driver, and you may bring your own civil claim for money. They run on separate tracks, and the criminal case will not collect your losses for you.

How long you have to file

Washington gives you three years to file a personal injury lawsuit, counted from the date of the crash. The same three-year window covers damage to your vehicle and other personal property, under the same statute (RCW 4.16.080(2)).¹ Miss that deadline and the court will almost always dismiss the case, no matter how clear the drunk driver's fault was. A few narrow exceptions can pause the clock, so if you are anywhere close to three years, treat it as urgent.

The criminal case is not your case

When a drunk driver injures someone, prosecutors decide the charges. Driving under the influence in Washington means driving with an alcohol concentration of 0.08 or higher within two hours of driving, a THC concentration of 5.00 or higher, or while affected by alcohol or any drug (RCW 46.61.502).² If the crash caused substantial bodily harm, the driver can face vehicular assault, a class B felony (RCW 46.61.522).³ If someone died, it can be charged as vehicular homicide, a class A felony (RCW 46.61.520).⁴

A conviction can order the driver to pay you restitution. On a felony conviction, the court must order restitution for a victim's injuries or property loss unless there are extraordinary circumstances, and it cannot lower the amount just because the driver can't afford it (RCW 9.94A.753).⁵ Restitution is real money, but it is not a substitute for a civil settlement. It generally does not pay for pain and suffering, and it is limited to what the criminal court measures. Your civil claim is where the full value of your losses gets decided.

Who you can sue

The driver is the obvious defendant. Washington also lets you reach the business that put alcohol in front of an already-drunk patron. State law makes it illegal to sell liquor to a person "apparently under the influence of liquor" (RCW 66.44.200(1)).⁶ In Barrett v. Lucky Seven Saloon, the Washington Supreme Court held that this statute sets the standard for a bar or store's civil liability when an over-served customer goes on to cause a crash. The court threw out the older, harder "obviously intoxicated" test in favor of the statute's "apparently under the influence" language.⁷ This matters because a single driver's insurance may not cover a catastrophic injury, and a licensed bar or restaurant usually carries its own liquor liability coverage.

Washington treats a private social host differently from a commercial seller. Someone who served a friend at a house party is generally not liable the way a licensed bar is. Where and how the driver was drinking can decide who you are able to name, so it is worth sorting out early.

Your own fault won't end the case

Washington follows pure comparative negligence. Under RCW 4.22.005, any fault of your own reduces your recovery in proportion, but it does not bar it.⁸ If a jury finds you 20 percent responsible and the drunk driver 80 percent, you still collect 80 percent of your damages. Even a plaintiff found mostly at fault recovers something here, which is different from the many states that cut you off once you cross 50 percent. Don't let an insurer's claim that you "contributed" to the crash talk you out of a valid case.

What you can recover

Washington puts no dollar cap on the damages a jury can award in an ordinary crash injury case. The legislature passed a cap on noneconomic damages in 1986, and the state Supreme Court struck it down in Sofie v. Fibreboard Corp. as a violation of the constitutional right to a jury trial.⁹ Your medical bills, lost income, future care, pain, and loss of enjoyment of life are all recoverable with no statutory ceiling.

Washington does not, however, allow punitive damages. Even against a driver who chose to get behind the wheel drunk, Washington courts award punitive damages only when a specific statute authorizes them, and none does for a standard DUI crash. That rule traces back to an 1891 decision, and the legislature has left it in place.¹⁰ Your recovery comes from compensating what the crash cost you, not from punishing the driver.

When the drunk driver can't pay

Washington is an at-fault state, so the driver who caused the crash and their insurer are responsible for your losses.¹¹ The problem is that drunk drivers are often uninsured or carry only the legal minimum. Every driver here must carry at least $25,000 for injury to one person, $50,000 per crash, and $10,000 for property damage, the 25/50/10 limits set in RCW 46.29.090 and required by RCW 46.30.020.¹² Those minimums rarely cover the bills from a serious DUI crash.

Your own policy is often where the real coverage is. Insurers must offer uninsured/underinsured motorist (UM/UIM) coverage on every new and renewed auto policy in Washington, and it pays when the at-fault driver has no insurance or not enough. You can turn it down, but only in writing, so many drivers carry it without realizing (RCW 48.22.030).¹³ Personal injury protection (PIP) works the same way: your insurer must offer it, you can decline it in writing, and if you kept it, it pays your medical bills quickly no matter who was at fault (RCW 48.22.085).¹⁴ Pull your own declarations page and check for both before you assume the drunk driver's policy is your only option.

A copy of the police collision report anchors any claim; you can request one through Washington's crash report page.¹⁵ If your car was totaled or badly damaged, the loss in its resale value can be its own claim, which our Washington diminished value page explains. Because a DUI case can pull in the driver, one or more insurers, and sometimes a bar, this is the kind of claim where hiring counsel pays off. You can find a Washington attorney through our legal directory.

This article is general information about Washington law, not legal advice about your specific situation.

Sources

1. Washington State Legislature, RCW 4.16.080 (three-year limit for personal injury and injury to personal property). https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080

2. Washington State Legislature, RCW 46.61.502 (driving under the influence; 0.08 BAC and 5.00 THC thresholds). https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.502

3. Washington State Legislature, RCW 46.61.522 (vehicular assault, class B felony). https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.522

4. Washington State Legislature, RCW 46.61.520 (vehicular homicide, class A felony). https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.520

5. Washington State Legislature, RCW 9.94A.753 (restitution mandatory on felony conviction). https://app.leg.wa.gov/rcw/default.aspx?cite=9.94A.753

6. Washington State Legislature, RCW 66.44.200 (sale to a person apparently under the influence of liquor). https://app.leg.wa.gov/rcw/default.aspx?cite=66.44.200

7. Washington Supreme Court, Barrett v. Lucky Seven Saloon, Inc., 152 Wn.2d 259 (2004). http://courts.mrsc.org/supreme/152wn2d/152wn2d0259.htm

8. Washington State Legislature, RCW 4.22.005 (contributory fault diminishes but does not bar recovery). https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.005

9. Washington Supreme Court, Sofie v. Fibreboard Corp., 112 Wn.2d 636 (1989) (noneconomic damages cap struck down). http://courts.mrsc.org/supreme/112wn2d/112wn2d0636.htm

10. Washington State Legislature, House Bill Report HB 2506 (2018), Judiciary Committee ("the general rule in Washington is that exemplary damages are not available unless expressly authorized in statute," first stated in 1891). https://app.leg.wa.gov/documents/billdocs/2017-18/Htm/Bill%20Reports/House/2506%20HBA%20JUDI%2018.htm

11. Washington State Office of the Insurance Commissioner, How auto insurance works. https://www.insurance.wa.gov/insurance-resources/auto-insurance/how-auto-insurance-works/learn-how-auto-insurance-works

12. Washington State Legislature, RCW 46.29.090 (25/50/10 minimum liability limits), enforced via RCW 46.30.020. https://app.leg.wa.gov/rcw/default.aspx?cite=46.29.090

13. Washington State Legislature, RCW 48.22.030 (UM/UIM must be offered; rejection must be in writing). https://app.leg.wa.gov/rcw/default.aspx?cite=48.22.030

14. Washington State Legislature, RCW 48.22.085 (PIP must be offered; may be rejected in writing). https://app.leg.wa.gov/rcw/default.aspx?cite=48.22.085

15. Washington State Patrol, WRECR collision report system. https://wrecr.wsp.wa.gov/