Drunk and Impaired Driver Crashes in Washington: Your Injury Claim Explained

Hypothetical example: a driver leaving a party runs a red light in Puyallup and hits a car crossing the intersection. Police arrest the driver for DUI, and the injured driver wonders what that means for medical bills and lost work.

This article explains what Washington law says about crashes caused by drunk or impaired drivers. It is general education, not advice about any one crash.

What Washington's DUI Law Says

Under RCW 46.61.502(1), a person is guilty of driving under the influence if the person drives a vehicle in Washington and, within two hours after driving, has an alcohol concentration of 0.08 or higher, or a THC concentration of 5.00 or higher, as shown by a test under RCW 46.61.506.

A person is also guilty if driving while under the influence of or affected by intoxicating liquor, cannabis or any drug, or under their combined influence. Being entitled to use a drug under state law is not a defense (RCW 46.61.502(2)).

Under RCW 46.61.506(1), in a civil or criminal action, a test result below those levels is evidence that may be considered with other competent evidence of whether the person was under the influence.

The Criminal Case and Your Injury Claim Are Separate

The State decides whether to charge DUI or, where substantial bodily harm results, vehicular assault under RCW 46.61.522. The injured person is not a party to that prosecution.

An injury claim is a separate civil action for damages. It has its own rules, its own deadline, and usually involves the at-fault driver's insurer.

How Fault Is Allocated

Under RCW 4.22.070(1), the trier of fact determines the percentage of total fault attributable to every entity that caused the claimant's damages, and the percentages total one hundred percent. Each defendant's liability is generally several only, meaning it pays its own share.

The statute lists exceptions. A party is responsible for another's fault when both acted in concert or when the person was acting as the party's agent or servant (RCW 4.22.070(1)(a)).

If the claimant is found not at fault, the defendants against whom judgment is entered are jointly and severally liable for the sum of their shares (RCW 4.22.070(1)(b)). The statute does not have a separate exception just for intoxication.

Under RCW 4.22.005, a claimant's own fault reduces damages proportionately but does not bar recovery. Our comparative fault article explains how that works.

The Intoxication Defense and Its Limit

RCW 5.40.060(1) makes it a complete defense to a personal injury or wrongful death action that the injured person was under the influence, that the condition was a proximate cause of the injury, and that the trier of fact finds the person more than fifty percent at fault.

Subsection (2) limits that defense in a claim against an impaired driver. If the driver's condition was a proximate cause, the defense does not apply just because the injured person was also under the influence, as long as that person's condition was not a proximate cause of the crash.

Insurance After an Impaired-Driver Crash

The impaired driver's liability insurance is usually the first place a claim is made. If that driver has no insurance or too little, your own underinsured motorist coverage may apply.

RCW 48.22.030(1) defines an underinsured motor vehicle to include one with no applicable liability insurance, or with limits less than the damages the covered person is legally entitled to recover. Under subsection (2), covered auto policies must include this coverage unless a named insured or spouse rejects it in writing under subsection (4).

Personal injury protection (PIP) may also help with medical bills. Our PIP and UIM article explains both coverages, and our article on insurance claim handling rules covers dealing with adjusters.

Can a Bar or Restaurant Be Involved?

RCW 66.44.200(1) provides that no person shall sell any liquor to any person apparently under the influence of liquor. That statute sets a licensing rule and provides for administrative action.

Whether a seller can also face a civil injury claim is governed largely by court decisions, not by that statute alone. It depends on the facts and is a question to raise with a lawyer.

Evidence That Can Matter

In an impaired-driver crash, useful evidence often comes from several places. It can include the police report, any breath or blood test results, and the investigating officer's observations.

Other evidence may include photos of the scene and vehicles, witness statements, receipts or records showing where the driver had been, and video from nearby businesses or dashcams. Some of it may be kept only for a short time.

• Police report and case number
• Test results, if any, and how they were obtained
• Photos, video, and witness contact information
• Medical records, bills, and proof of missed work
• Your insurance policy declarations page

A lawyer can ask the right people to preserve records early. That is general information, not a promise about what any record will show.

Deadlines

RCW 4.16.080(2) requires an action for injury to the person to be commenced within three years. That is the general rule, and other deadlines can apply, for example to claims involving a government entity.

Related reading: our articles on hit-and-run crashes, truck accidents, and wrongful death claims.

To talk through a crash caused by an impaired driver, visit our personal injury practice page or contact us. Nelson Allen Walk & Scott, PLLC is at 1103 Shaw Road, Puyallup, WA 98372, and the phone is (253) 845-8895.

Written by Nathan D. Sukhia, Of Counsel.