Drunk driving accidents in Washington are incredibly serious and can have life-altering implications for victims. According to a statistic from the National Highway Traffic Safety Administration (NHTSA), 34 people in the United States die in drunk driving accidents every day. For drunk driving accidents in 2026, it is vital for injured victims to understand their legal rights after a car accident. How the victim responds in the moment of the crash, as well as how they interact with police officers, the at-fault party, and insurance companies, may shape how effective their compensation claim may be.
Fortunately, a skilled Seattle, Washington personal injury attorney can walk injured drivers through the process of pursuing compensation and help fight for their rights. Herschensohn Law, PLLC is an experienced firm that has won several major cases for Washington-based clients, including a $5 million settlement for an injured worker and a $2.7 million settlement for a car accident in 2024. Having an attorney who offers straightforward legal advice can help provide peace of mind and a path forward. Schedule a free initial consultation with an attorney today by calling the office at (206) 222-9553.
What Are My Rights After Being Injured by a Drunk Driver?
Injured drivers after a DUI accident have certain statutory rights to compensation, based on their degree of contributory negligence. For plaintiffs seeking compensation, the injured party may be entitled to compensation for medical bills and hospital expenses, lost wages, pain and suffering, and potentially even punitive damages for a DUI. However, the legal nuances of these rights depend on the specifics of the individual case.
Summary of Drunk Driving Accidents in Washington State
DUI-related motor vehicle accidents in Washington can cause severe injuries, and state law outlines specific rights and procedures that may affect an injured person’s ability to pursue compensation.
- Washington follows a pure comparative negligence model, which means compensation may be reduced if the injured party shares fault, and most personal injury claims must be filed within three years under RCW 4.16.080.
- Individuals injured in alcohol- or drug-impaired driving collisions often face serious harm such as traumatic brain injuries, spinal cord injuries, fractures, organ damage, and, in some cases, wrongful death.
- Prompt medical care, law enforcement involvement, and careful documentation of the crash scene can play an important role in preserving evidence and supporting a personal injury claim.
This topic frequently involves Washington personal injury law, car accident claims, and DUI-related civil liability, areas in which Herschensohn Law, PLLC represents individuals seeking clarity about their legal options.
Common Injuries from Drunk Driving Accidents
Victims of drunk driving accidents may suffer from a myriad of injuries, some of them life-threatening. The type of injury inflicted in the accident and the nature of the crash may influence how compensation is awarded, so understanding the potential injuries from a DUI accident is important. Some of the common injuries that arise in DUI car accidents are as follows.
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones
- Road rash or abrasions
- Soft tissue injuries
- Whiplash
- Organ damage
- Cuts and lacerations
- Facial injuries
- Wrongful death
Each of these potential injuries may have unique consequences for a legal case. More severe injuries, such as paralysis or a traumatic brain injury (TBI), may allow for higher levels of compensation to account for the loss of earning capacity.
What to Do After an Accident Caused by a DUI
When building a personal injury case after a drunk driving accident, an attorney will gather evidence from many sources and reconstruct the details of the crash. In this process, there are many actions a victim of a drunk driving accident can take to help improve a compensation case. While this does not guarantee results, following statutory guidelines and collecting relevant evidence at the scene can be a great asset in a personal injury case. This is why remaining calm and acting rationally after a drunk driving accident is so important, as it allows the victim to address the situation logically.
For a more detailed explanation, speak with an experienced car accident attorney from Herschensohn Law, PLLC today in a free consultation.
Contact Emergency Medical Services
The first step in any car accident, regardless of the BAC percentage of the other driver, is to ensure the safety of all parties involved. Calling 911 and connecting with emergency services can help ensure that dangerous injuries are treated quickly and that asymptomatic injuries are discovered and addressed. Additionally, seeking medical treatment, even if nothing seems wrong, can strengthen a legal claim by providing tangible proof of both the accident and the expenses incurred.
Call Law Enforcement
Drunk driving accidents can be complex because it may be difficult to acquire the required information from the other driver if they are intoxicated. Under RCW 46.52.020, all drivers involved in any form of accident must exchange names, addresses, contact information, insurance details, license plate numbers, and driver's license information. Contacting law enforcement helps protect against liability by allowing the police to work to obtain this information from the other driver, with the added benefit that officers are permitted to administer breathalyzer, blood, and other sobriety tests.
Document the Scene
In addition to medical records, contact information, and police reports, documentation of the scene of the accident can be crucial evidence in a drunk driving accident case. After the safety of all parties is ensured, the victim of a DUI accident may benefit from taking pictures and videos of the scene. Be careful to include relevant details such as nearby road signs, the position of the cars, the extent of the damage, weather conditions, and other relevant details. Drivers may also benefit from collecting the contact information of nearby witnesses.
Contact a Personal Injury Attorney
Lastly, a car accident attorney in Washington can assist in a case by providing legal insight and managing the details of a lawsuit. An experienced attorney can evaluate a case and understand how to approach it in a way that may improve their client’s chance of compensation. Additionally, since a large majority of car accident claims are settled out of court, an attorney can handle conversations and negotiations with insurance companies to help protect the value of your claim. However, if a case does proceed to trial, a personal injury lawyer can represent you in court.
How Washington Law Affects Drunk Driving Accidents
Understanding your legal rights in Washington can be challenging, which is why legal experience is often helpful when pursuing compensation for injuries after drunk driving accidents. Several statutes in Washington may affect a personal injury claim after a DUI accident. The statute of limitations for personal injury, under RCW 4.16.080, is three years from the date of the injury, which means all cases must be pursued before that date. Additionally, Washington State follows a pure comparative negligence model for injury compensation, which may reduce the available compensation if the plaintiff was also negligent. The 2026 changes in Washington DUI law may also have an impact on recovery of damages, particularly when punitive damages are involved.
A Personal Injury Lawyer from Herschensohn Law, PLLC Can Help
Seeking fair compensation after drunk driving accidents can be frustrating and confusing, particularly when victims are still healing from injuries suffered in the accident. This is where a skilled car accident attorney from Herschensohn Law, PLLC can step in and take the burden of the legal process off the victim's shoulders. A Kent, Washington car accident lawyer who will provide straightforward legal advice and advocate for your rights can be a great asset for those who have been injured by drunk driving accidents. Call the office today at (206) 222-9553 to schedule your free case assessment.
Important FAQs For Victims of Drunk Driving Accidents
The following FAQs address common legal questions related to DUI-related car accidents and personal injury claims in Washington State.
What Legal Rights Exist After a DUI-Related Car Accident in Washington?
Individuals injured in a DUI-related collision may have the right to pursue compensation for medical expenses, lost income, pain and suffering, and other damages. The scope of these rights depends on factors such as fault allocation, injury severity, and available insurance coverage.
How Does Comparative Negligence Affect Compensation in Washington?
Washington uses a pure comparative negligence system, which allows recovery even if the injured party is partially at fault. Any compensation awarded may be reduced by the percentage of fault assigned to that individual.
What Types of Injuries Commonly Occur in DUI-Related Collisions?
These accidents often result in traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, soft tissue injuries, and facial trauma. More severe injuries may have long-term effects on earning capacity and quality of life.
What Steps Are Important Immediately After an Impaired Driving Accident?
Seeking medical attention, contacting law enforcement, and ensuring accurate reporting of the incident are critical early steps. Documenting the scene through photographs, videos, and witness information may also support a later legal claim.
Why Is Law Enforcement Involvement Important in DUI-Related Crashes?
Police reports help establish key facts, ensure required information exchange under RCW 46.52.020, and may include sobriety testing results. This documentation can be relevant in both insurance claims and civil litigation.
How Long Do Individuals Have to File a Personal Injury Claim in Washington?
Under RCW 4.16.080, most personal injury claims must be filed within three years from the date of injury. Missing this deadline may prevent recovery, regardless of the merits of the case.
How Can Herschensohn Law, PLLC Assist After Drunk Driving Accidents?
Attorneys at Herschensohn Law, PLLC could help clarify available legal avenues, explain how Washington law applies to a specific situation, and assist individuals in understanding their rights and potential legal paths following a DUI-related collision.
