By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt by a drunk driver?
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What to do after a crash with a drunk driver in Washington
- Call 911 and say you think the other driver is impaired. Washington measures alcohol within two hours after driving, and THC as well (RCW 46.61.502), so a prompt test matters.
- Get medical care the same day. Head injuries often show up later; see concussion or brain injury after a crash.
- Find out where the driver was drinking. Witnesses who saw the driver at a bar shortly before the crash can prove an overservice claim.
- Get the police report. In Seattle, see how to get a police report in Seattle.
- Open PIP and UIM claims with your own insurer.
- Do not give a recorded statement to the driver’s insurer before reading what not to tell the insurance company.
Our FAQ on what to do when a drunk driver hits you has more, and legal alcohol limits in California, Texas and Washington compares the states.
Who can be held responsible in Washington
The driver. A driver is guilty of DUI with an alcohol concentration of 0.08 or higher, or a THC concentration of 5.00 or higher, within two hours after driving, or while under the influence of or affected by liquor, cannabis or any drug (RCW 46.61.502).
A bar, restaurant or store that overserved. No person may sell liquor to anyone “apparently under the influence of liquor” (RCW 66.44.200(1)). In Barrett v. Lucky Seven Saloon, Inc., 152 Wn.2d 259 (2004), the Washington Supreme Court held that this statute defines the minimum standard of conduct for commercial hosts whose overservice causes a drunk driving crash that injures a third party (Barrett opinion). In Faust v. Albertson, 166 Wn.2d 653 (2009), the court reinstated a $14 million jury verdict against a Moose lodge whose bartender served a patron who then crossed the center line and hit another car, leaving one passenger paraplegic. The court explained how the claim is proved: the patron’s appearance at the time of service can be shown by direct or circumstantial evidence, including observations shortly after service, and a blood alcohol result can back up those observations but cannot carry the claim alone (Faust opinion).
A seller who sold to a minor. In Purchase v. Meyer, 108 Wn.2d 220 (1987), the court held that the duty created by the law against selling alcohol to minors is owed to the general public, not only to minors, so a person hurt by an underage driver can sue the seller (Purchase opinion).
Usually not a private party host. Furnishing liquor to anyone under 21 is a gross misdemeanor (RCW 66.44.270), but in Reynolds v. Hicks, 134 Wn.2d 491 (1998), the court declined to extend social host liability to third persons injured by an intoxicated minor (Reynolds opinion).
The common-law duty of commercial sellers has traditionally covered alcohol-related driving injuries; in Christen v. Lee, 113 Wn.2d 479 (1989), the court held that a patron’s criminal assault is not foreseeable unless the seller had notice of the danger from the patron’s prior conduct (Christen opinion).
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No punitive damages in Washington: what you can recover
Washington has long treated punitive damages as contrary to public policy and does not allow them without express authorization from the Legislature (Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)). No Washington statute authorizes punitive damages against a drunk driver, so even a driver with a very high blood alcohol level pays compensatory damages only.
Compensatory damages still include medical bills, future care, lost income and earning capacity, and pain, suffering and loss of enjoyment of life. Your own fault reduces the award in proportion but never bars it (RCW 4.22.005).
If you had also been drinking. It is a complete defense that the injured person was under the influence, that this was a proximate cause of the injury, and that the injured person was more than 50% at fault. The defense does not apply against an impaired driver when the injured person’s own condition was not a proximate cause of the crash (RCW 5.40.060). A passenger or pedestrian who had a drink is not barred unless that drinking helped cause the crash.
Insurance: UIM and the low Washington minimums
Washington’s minimum liability policy is $25,000 per person and $50,000 per accident (RCW 46.29.090), lower than California or Texas. Every Washington auto policy must include underinsured motorist coverage, and an “underinsured motor vehicle” includes one with no liability insurance at all. A named insured or spouse may reject it in writing (RCW 48.22.030). The required coverage does not apply while you ride a motorcycle, so riders should check the motorcycle policy. See making a UIM claim.
The criminal case, restitution and L&I crime victims compensation
| Crime | What it requires | Class |
|---|---|---|
| Vehicular assault | Driving under the influence (or recklessly, or with disregard for safety) and causing substantial bodily harm | Class B felony (RCW 46.61.522) |
| Vehicular homicide | A death within three years proximately caused by driving under the influence, recklessly or with disregard for safety | Class A felony, with two years added per prior offense for a DUI-based conviction (RCW 46.61.520) |
Restitution. Restitution “shall be ordered” when an offender is convicted of an offense that injures a person, unless extraordinary circumstances make it inappropriate. It covers property loss, actual treatment expenses, lost wages and related counseling, and can reach double the victim’s loss, but it never includes pain and suffering (RCW 9.94A.753).
Crime Victims Compensation. Driving offenses are generally not “criminal acts” for the L&I program, but an injury or death caused by a driver in violation of RCW 46.61.502 is an exception, as are vehicular homicide and vehicular assault (RCW 7.68.020(6)). The crime must be reported to police within 12 months and the application filed within three years of the report, extendable to five for good cause (RCW 7.68.060). Benefits other than medical are capped at $40,000 per injury or death (RCW 7.68.070).
On October 23, 2026, a 16-year-old was killed on a Federal Way sidewalk at Pacific Highway South and South 304th Street when a two-vehicle crash sent a car onto the sidewalk. The pickup driver, whose preliminary breath test allegedly read 0.170%, was charged with vehicular homicide (DUI), and the other driver with vehicular homicide (reckless); the charges are unproven (Pacific Highway South, Federal Way). When two drivers share fault, both can be sued. See also our Washington pedestrian accident lawyer page.
Washington deadlines and rules for DUI injury claims
| Rule | Washington law | Source |
|---|---|---|
| Sue for injury | 3 years | RCW 4.16.080(2) |
| Your share of fault | Reduces the award, never bars it | RCW 4.22.005 |
| Injured person was also impaired | Complete defense only if impaired, a proximate cause and more than 50% at fault | RCW 5.40.060 |
| Punitive damages | Not available without a statute | Dailey (1996) |
| Crime victims compensation | Report within 12 months; apply within 3 years of the report | RCW 7.68.060 |
| Minimum liability insurance | $25,000 per person, $50,000 per accident | RCW 46.29.090 |
More on the three-year rule: Washington car accident statute of limitations. For a fatal crash, see Washington wrongful death statute of limitations, and compare the states in comparative fault in CA, TX and WA.
Impaired driving crashes in Washington
- In 2024, 348 of Washington’s 731 traffic deaths involved an impaired driver, by preliminary counts; in 2023 it was 410 of 809 (WTSC, State of the State, Oct. 2025). “Impaired” includes drugs as well as alcohol.
- The legal limit stays at 0.08%. A 2026 bill to lower it to 0.05% passed the Senate but stalled in a House committee (Washington State Standard).
- Nationally, 11,904 people died in alcohol-impaired crashes in 2024 (NHTSA).
On October 30, 2026, a Tacoma man was killed on southbound SR 167 in Auburn after his car hit the barrier; the Tesla driver who struck him was taken into custody for investigation of vehicular homicide, DUI and hit-and-run (SR 167, Auburn). On November 1, 2026, a 25-year-old passenger was critically injured when the car he was riding in struck a State Patrol vehicle on I-5 near SR 516 in Kent; the driver was arrested for investigation of DUI and vehicular assault (I-5, Kent). A passenger hurt by his own driver can claim against that driver’s insurance. Local pages: Seattle, Tacoma and Bellevue.
Evidence to gather in Washington
- The breath or blood test and the arrest report.
- Witnesses and video from the bar showing how the driver looked and acted when served; Faust turns on appearance at the time of service.
- Receipts and tabs showing what was served and when.
- Every policy in the household, since UIM and PIP from a relative you live with may apply.
- Medical records. For head trauma, see our Washington brain injury lawyer page.
Related pages
- California drunk driving accident lawyer
- Texas drunk driving accident lawyer
- Washington car accident lawyer
- Washington hit-and-run accident lawyer
- Washington wrongful death lawyer
- Washington brain injury lawyer
Common questions
Can I get punitive damages from a drunk driver in Washington?
No. Washington does not allow punitive damages without express legislative authorization (Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572), and no statute authorizes them against drunk drivers. You can recover full compensatory damages, including pain and suffering.
Can I sue the bar that served the drunk driver in Washington?
Yes, if the bar sold to a person apparently under the influence of liquor (RCW 66.44.200) and that caused the crash. Barrett v. Lucky Seven Saloon and Faust v. Albertson recognize these claims by third parties.
What if the driver was a minor who drank at a house party?
A seller who sold to a minor can be liable to people the minor injures (Purchase v. Meyer). A private host who served a minor generally is not liable to third parties under Reynolds v. Hicks, even though furnishing alcohol to a minor is a crime.
How long do I have to sue after a drunk driving crash in Washington?
Three years under RCW 4.16.080(2). Your UIM policy may set its own notice rules, so tell your insurer early.
I had a drink too. Can I still recover?
Usually. RCW 5.40.060 is a complete defense only if your impairment was a proximate cause and you were more than 50% at fault, and it does not apply against an impaired driver when your condition did not help cause the crash.
Will L&I Crime Victims Compensation pay after a DUI crash?
It can. An injury caused by a driver in violation of RCW 46.61.502 is a covered criminal act. Report to police within 12 months, apply within three years of the report, and expect a $40,000 cap on non-medical benefits.
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Sources
- RCW 66.44.200
- RCW 66.44.270
- RCW 5.40.060
- RCW 46.61.502
- RCW 46.61.520
- RCW 46.61.522
- RCW 48.22.030
- RCW 46.29.090
- RCW 9.94A.753
- RCW 7.68.020
- RCW 7.68.060
- RCW 7.68.070
- RCW 4.16.080
- RCW 4.22.005
- Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)
- Barrett v. Lucky Seven Saloon, Inc., 152 Wn.2d 259 (2004)
- Faust v. Albertson, 166 Wn.2d 653 (2009)
- Purchase v. Meyer, 108 Wn.2d 220 (1987)
- Reynolds v. Hicks, 134 Wn.2d 491 (1998)
- Christen v. Lee, 113 Wn.2d 479 (1989)
- Washington Traffic Safety Commission, State of the State: Washington Traffic Fatalities (Oct. 2025)
- Washington State Standard, Drunk driving limit will not be lowered in Washington this year (Feb. 25, 2026)
- NHTSA, Drunk Driving
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.