When you are injured in a crash caused by a drunk driver, the issue of liability may seem clear. However, even though the decision to drive while intoxicated can only fall to the drunk driver, Washington law also allows for liability to be placed on bars, restaurants, clubs, and other venues under certain circumstances.
Identifying all liable parties is important both for accountability and the compensation you can seek. This makes it essential that your Washington drunk driving injury lawyer carefully investigates your accident to uncover the role both the driver and those who served them played.
Fuller & Fuller has been helping victims of drunk drivers in Tacoma, Olympia, and throughout Washington for more than 50 years. If you’ve been hurt or a loved one has been killed by an intoxicated driver, we’re here to listen to your story, identify all liable parties, and pursue the full compensation your injuries demand.
Contact a Washington Drunk Driving Injury Lawyer for FREE
To schedule your FREE consultation with one of the drunk driving injury lawyers at Fuller & Fuller, call us at 800-570-4878 today. Our attorneys support victims of drunk drivers and fight to ensure those harmed through others’ negligence receive the treatment, care, and damages they need to make the fullest recovery.
Driver Liability in Drunk Driving Accidents
In Washington, it’s illegal to drive:
- With an alcohol concentration of 0.08 or higher
- With a THC concentration of 5.00 or higher
- While “under the influence of or affected by” intoxicants of any kind
Of course, these are criminal issues, not civil, and they don’t address accidents caused by intoxicated individuals per se. However, under most circumstances, if a person meets the criteria for intoxication under Washington law and causes a crash, they will be identified as the liable party and held accountable for damages.
But what about the establishment where these drivers got drunk? Can liability be shared by a bar or restaurant for collisions caused by patrons they over-served?
When Restaurants and Bars Might Share Liability
In Washington, bars, restaurants, and other establishments that sell alcohol are barred from serving a patron who is “apparently under the influence.” This means if a patron is obviously or apparently under the influence when requesting an alcoholic beverage, employees have a legal obligation to refuse service.
As with drunk driving laws in Washington, statutes involving the service of alcohol to a visibly intoxicated person address criminal issues. When it can be established that a business served alcohol to a patron who was apparently intoxicated and later caused a crash with injuries, however, the establishment and its employees may share liability with the driver in civil claims as well.
Signs of Apparent Intoxication
Apparent or visible intoxication can take several forms. First, the bartender may know that the customer has already been served many drinks at that establishment. Other common signs include:
- Slurred speech
- Stumbling or swaying
- Poor coordination
- Delayed responses
- Loss of fine motor skills
- Aggressive, unusually loud, or erratic behavior
- Glassy or red eyes
- Heavy odor of alcohol on the breath
Proving that someone was apparently intoxicated at the time they were served can be very difficult. Businesses don’t often volunteer information, making it important to obtain witness statements, review surveillance footage, and analyze receipts and time-stamped tabs, which can indicate rapid or high-volume service.
At Fuller & Fuller, our Washington drunk driving injury lawyers consider all possible evidence when conducting investigations. In this way, we can establish an accurate picture of who was involved in hurting you and pursue damages from all liable parties.
Service to Minors and Social Host Liability
While it’s illegal to serve a visibly intoxicated person in Washington, any service of alcohol to people under the age of 21 is against the law. This means if an establishment serves a minor and that minor causes a crash, regardless of the level of intoxication, the place where the minor was served can be held liable for damages.
Shared Liability in Washington Drunk Driving Injury Claims
Under RCW 4.22.070, fault can be distributed among several defendants. Liability is typically proportionate to each party’s share of fault. However, even when a bar or restaurant is liable, the drunk driver may face the largest share of fault. If the victim is fault-free, however, he may be able to collect the full amount from either defendant.
In cases where the victim of a drunk driving accident is found to be partially liable for a crash, the total amount of compensation available may be reduced. Insurance companies know this. They have a history of trying to shift the blame onto victims in an effort to reduce their liability. This is often unfair and, in many cases, unconscionable.
The best Washington drunk driving injury lawyers know this. And they know how to counter these arguments with evidence and logic, helping to protect victims from losing out on damages to which they are entitled.
How the Drunk Driving Injury Lawyers at Fuller & Fuller Can Help
Drunk driving cases can be complex, more so when vendor liability is a possibility. These cases are investigation-heavy, often requiring:
- Securing police reports, 911 records, and witness statements
- Obtaining surveillance video
- Subpoenaing receipts/tabs, staffing schedules, training records, and incident logs
- Working with experts in toxicology and crash reconstruction
- Identifying every potentially responsible party
Our drunk driving injury lawyers, Marya Fuller and John Mango, are specialists in accident and injury law. They have decades of combined experience investigating complex claims involving multiple defendants, and a long and proud history of holding negligent people and establishments accountable for the damage they cause.
When a drunk driver upends your life, you have every right to seek compensation for medical expenses, lost wages, pain and suffering, and more. Fuller & Fuller is here to stand by your side, fight for your rights, and help you secure the damages you are due.
Talk to a Washington Drunk Driving Injury Lawyer for Free
If you or someone you love has been injured by an intoxicated driver in Tacoma, Olympia, or elsewhere in Washington, Fuller & Fuller is here to help. Use our online contact form or call us today to schedule your FREE consultation and let us help you understand your rights, your options, and the best way to move forward with your claim.
