Does a drunk driver need to be arrested or convicted before I can file an injury claim?
No. You don’t need to wait for an arrest, guilty plea, or DUI conviction before pursuing a personal injury claim in Washington.
A criminal DUI prosecution and a civil injury claim are separate legal proceedings. In a criminal case, a city or county prosecutor brings charges against the driver. These charges must be proved “beyond a reasonable doubt.” Being found guilty can result in jail time, fines, and other criminal penalties.
A civil case, brought by the injured party, seeks compensation for damages like medical expenses and lost wages. A civil claim can be filed regardless of criminal charges.
Sometimes, even when a driver was clearly drunk when they caused an accident, a criminal case might fail to produce a conviction for reasons that have little to do with the civil claim. For example:
- The driver may not have been tested promptly
- Breath or blood evidence may be challenged
- Charges may be reduced through plea negotiations
A successful civil claim still requires evidence that the driver acted negligently, caused the collision, and caused your injuries and losses. Impairment can be powerful evidence, but it’s not the only issue.
The Olympia drunk driving accident lawyers at Fuller & Fuller are here to review your case free of charge. We can help you determine if you are entitled to file a civil suit, irrespective of criminal proceedings.
Can a driver’s criminal DUI case affect my drunk driving accident claim?
A criminal DUI case might produce useful evidence, but it doesn’t automatically resolve your drunk driving accident injury claim. The two cases have different purposes, deadlines, and standards of proof.
It is important to remember that a guilty plea or conviction may strengthen parts of a civil case, but it won’t establish the full extent of your damages. The criminal court is primarily concerned with punishment, supervision, public safety, and rehabilitation. Your civil claim addresses medical expenses, lost income, pain, disability, property damage, and other losses the crash caused.
You don’t need to wait for the criminal case to end before speaking with a Tacoma drunk driving accident lawyer. The sooner you get in touch with a personal injury attorney, the quicker they can get to work helping you recover from your injuries.
Can a bar, restaurant, or club be held liable for a drunk driving crash?
Possibly. Although the impaired driver is usually the primary responsible party, a business or another alcohol provider may also share liability under certain circumstances.
Washington law prohibits selling alcoholic beverages to someone who is “apparently under the influence.” Washington courts have recognized that a commercial alcohol seller may be held liable when it serves an apparently intoxicated customer who then causes a drunk driving accident that injures someone else.
Proving this type of claim generally requires more than showing that the driver had a high BAC after the crash. The evidence must help establish that the driver displayed observable signs of intoxication when alcohol was sold or served.
The Olympia drunk driving accident lawyers at Fuller & Fuller investigate every possible responsible party to determine liability. If a bar or restaurant overserved the customer who hurt you, we can hold them accountable for the damages they have caused.
What evidence might show that the other driver was drunk?
A breath or blood test can help to show intoxication at the time of a crash, but it’s not the only way to prove impairment.
Depending on the circumstances, evidence may include:
- Chemical testing: Breath, blood, urine, or toxicology results
- Driving behavior: Swerving, speeding, driving the wrong way, delayed braking, or ignoring traffic signals
- Police observations: Slurred speech, bloodshot eyes, poor balance, confusion, or the smell of drugs or alcohol
- Field sobriety testing: Video and officer testimony about how the driver performed
- Witness statements: Accounts from passengers, bystanders, or other motorists
- Digital evidence: Texts, photographs, social media posts, navigation records, or cell phone data
- Alcohol-service evidence: Open containers in the vehicle, receipts, bar tabs, surveillance video, and credit card records
The absence of an arrest or chemical test doesn’t necessarily end the inquiry. Our Tacoma drunk driving accident lawyers work quickly to secure records, contact witnesses, and preserve evidence before it’s lost.
Does auto insurance still cover an accident when the at-fault driver was drunk?
In many cases, yes. The fact that a driver was intoxicated doesn’t mean you have no recourse.
Bodily injury liability insurance is intended to cover injuries that a policyholder or covered driver causes to someone else. In Washington, drunk driving is considered a form of driver negligence. As such, an at-fault driver’s insurance should cover damages regardless.
However, coverage is not automatic in every case. It must still be determined if:
- The policy was active
- The driver had permission to use the vehicle
- The vehicle was being used for work or business
- Another household or commercial policy applies
- Damages exceed the available limits
Insurance questions can become complicated quickly, particularly when several people are involved. Our Olympia drunk driving accident lawyers look beyond the obvious policy and work to identify every available level of coverage.
What if the drunk driver has no insurance or not enough insurance?
You may still have options if the drunk driver who hit you was uninsured or carried too little coverage to pay for the harm they caused.
Uninsured and underinsured motorist coverage (UM/UIM) may still allow you to make a claim through your own auto policy. Other potentially available coverage may include:
- PIP coverage. Personal injury protection can pay certain medical expenses, wage losses, replacement services, and funeral costs regardless of who caused the crash.
- Collision coverage. This may pay for damage to your vehicle, subject to the policy’s deductible.
- Household policies. Another policy covering you or a household resident may apply.
- Commercial coverage. Additional insurance may exist if the driver was working or operating a company vehicle.
- Third-party liability coverage. A bar, restaurant, vehicle owner, employer, or another responsible party may have separate insurance.
Don’t assume that simply because a drunk driver was uninsured or underinsured, you have no case. The Tacoma drunk driving accident lawyers at Fuller & Fuller can review every relevant policy, identify additional responsible parties, and determine which sources of compensation may be available.
When you are the victim of an accident caused by an intoxicated driver, you need a Washington drunk driving accident lawyer on your side as soon as possible. Understanding what steps to take following injury in a drunk driving accident is not always easy. There may be criminal charges against the negligent driver, but those won’t do much to help you, the victim, get the compensation you deserve. Having a drunk driving injury lawyer on your side works to ensure that your rights and interests are protected.
At Fuller & Fuller, we specialize in guiding victims of drunk drivers through the intricate process of these complex car accident claims. We are here to assess your case, discuss your rights, and help you seek the fair and full compensation you are due.
If you have been injured or a loved one has been killed in a drunk driving accident in Olympia, Tacoma, or a surrounding community, call Fuller & Fuller at (800) 570-4878 to schedule your FREE case review today and learn how we can help you seek the justice and compensation you deserve. If you’re too injured to come to us, our Washington drunk driving accident lawyer can come to you.
Drunk Driver Auto Accident Injuries
When a drunk driver causes an accident, the consequences can range from minor injuries to life-altering conditions—or even fatalities. The injuries sustained are contingent upon various factors, including:
- The force of the collision
- Where your vehicle was hit
- The types of vehicles involved in the accident
- How your car’s safety features performed during the impact
- Whether your body was thrown within the car, risking further internal injury
Particularly perilous are spinal cord and brain injuries which can disrupt vital functions such as vision, speech, and mobility. Burns also present a serious concern, as they heal slowly and can leave significant scarring and long-term sensory and motor impairments.
At Fuller and Fuller Law Firm, we understand how distressing it is when you’re injured in a drunk driving accident. We’re here to investigate your situation, gather the facts, and fight for your fair compensation.
A Closer Look at Drunk Driving Accidents
The legal limit for blood alcohol concentration (BAC) in Washington State, set at 0.08%, is a measure aimed at curbing the incidence of drunk driving. However, despite rigorous law enforcement and public awareness campaigns, the pervasiveness of drunk driving remains a significant concern.
Many studies have been done on drunk driving accidents. Some key findings include:
Demographic Disparities in Drunk Driving
Statistically, males are more frequently involved in drunk driving incidents than females. The prevalence is notably higher among young male drivers.
Youth and Inexperience Are a Risky Combination
In examining age demographics, younger drivers (typically those under the age of 25) exhibit higher incidences of drunk driving than their older counterparts. The reasons behind this may include a sense of invincibility among youth, peer pressure, and a lack of education regarding the dangers of alcohol consumption and driving.
Motorcyclists Are at High Risk For Fatalities
Motorcyclists are not exempt from the dangers of drunk driving. Data shows that motorcyclists with elevated BAC levels are involved in a significantly higher number of traffic fatalities. The inherent vulnerabilities of riding a motorcycle, combined with the impairment caused by alcohol, create a perilous scenario that can lead to catastrophic outcomes.
Poly-Substance Impairment Is a Growing Concern
There is a troubling trend of poly-substance impairment in drunk driving accidents, where drivers are under the influence of not just alcohol but also drugs like cocaine, marijuana, and prescription medications. This combination can significantly exacerbate impairment.
Recidivism in Drunk Driving Is an Ongoing Challenge
Recidivism among individuals convicted of drunk driving is a persistent issue. Those with a history of alcohol misuse are more likely to re-offend, posing a continued threat to road safety. It is important to note, however, that while serial drunk driving offenders may face significant criminal penalties, criminal proceedings have no bearing on your right to seek compensation.
Long-Term Consequences for Drunk Driving Accident Victims
The impact of drunk driving extends far beyond the immediate aftermath of an accident. It has long-term consequences for victims and their families. Medical expenses, difficulties working, and the emotional and physical struggles that can follow serious injury must be addressed. Having an experienced Washington drunk driving accident lawyer on your side can help to ensure all of these damages are considered when determining what your claim might be worth.
What Kinds of Damages Can I Seek As the Victim of a Drunk Driving Accident?
Victims of drunk driving accidents in Washington have a right to seek various forms of compensation, including:
- Economic Damages. These are quantifiable costs directly stemming from the accident. They include:
- Current and Future Medical Expenses
- Lost Wages and Diminished Earning Capacity
- Property Damage
- Expenses for Household Help
- House & Vehicle Modifications
- Non-Economic Damages. These are more subjective and pertain to the impact on a victim’s life and well-being. They may include:
- Physical and Emotional Pain and suffering
- Loss of Enjoyment of Life
- Loss of Consortium
Washington drunk driving accident lawyer Marya Fuller has decades of experience helping victims of intoxicated drivers seek justice. During your complimentary case review, she will carefully assess your claim to help you understand which damages you may be entitled to seek.
Statute of Limitations for Washington State Drunk Driving Accidents
The statute of limitations for drunk driving injury claims in Washington is generally three years from the date of the accident (see RCW 4.16.080). This means that a lawsuit must be filed within this time frame, or the court may refuse to hear the case. However, there are a few exceptions.
Speaking with an experienced drunk driving accident lawyer as soon as possible after you have been injured can help preserve your rights. However, even if you believe your time to file a claim has expired, it is a good idea to talk to an attorney. Several exceptions may allow you to take action even after the initial three-year period has passed.
Do You Need a Drunk Driving Accident Lawyer?
Being the victim of a drunk driving accident can be overwhelming. You may find yourself grappling with serious injuries, mounting medical bills, and the emotional toll of the accident. In such distressing times, knowing you have a drunk driving accident lawyer on your side can provide needed peace of mind.
A drunk driving injury lawyer can help by:
- Assessing your injury to accurately calculate damages
- Building a strong, evidence-based case for your claim
- Negotiating with insurance companies
- Represent you in court (when needed)
Drunk driving cases often involve a web of legal issues that go beyond simple fault. There may be criminal charges against the driver, multiple insurance claims, and other complications that can delay your claim. A lawyer with experience in this area will understand the nuances of Washington State’s drunk driving and personal injury laws, ensuring that legal technicalities do not impede your path to compensation.
Perhaps most importantly, with a lawyer handling the legal proceedings, you can focus on what matters most: your health and recovery. While your drunk driving accident attorney manages deadlines, paperwork, and legal strategy, your energy can be dedicated to rehabilitation and getting your life back on track.
Why Choose Fuller & Fuller for Your Washington Drunk Driving Auto Accident?
Representing victims of serious injury throughout Washington, Fuller & Fuller has fought tirelessly for our clients for more than 50 years. Founded by Herbert and Carol Fuller, whose compassion and expertise set the foundation for our family-led firm, Fuller & Fuller has a long and proud history of helping individuals and families facing the consequences of negligent and drunk drivers. Attorney Marya Fuller, with her deep-rooted dedication to the community and years of direct experience, upholds our tradition to this day.
With decades of specialized experience in personal injury law, Fuller & Fuller is equipped to handle the complexities of your drunk driving accident case with the highest proficiency and care. Our Washington drunk driving accident lawyer welcomes the opportunity to meet with you, free of cost and obligation, to listen to your story, assess your claim, and help you determine how best to proceed.
Contact Us Today for a FREE Case Review
At Fuller & Fuller, we understand the weight of the situation you’re facing and the importance of finding the right legal ally. Reach out today at (800) 570-4878 or contact us online for a FREE case evaluation and let us help you understand all of your options.
Fuller & Fuller is a personal injury law firm with offices in Tacoma and Olympia. Attorney Marya Fuller serves victims of drunk driving accidents living in Shelton, Aberdeen, Hoquiam, Centralia, Dupont, Lakewood, and all western Washington communities
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