By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit head-on?
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What to do after a head-on or wrong-way crash in Washington
- Call 911 and say if the other car was going the wrong way. The State Patrol worked all three crashes described below.
- Get medical care the same day. See concussion or brain injury after a crash.
- Photograph the lane lines, the median and where the cars stopped. In a median-crossing crash, the path through the median is often the best evidence.
- Get witness names and numbers.
- Open a PIP claim. Insurers must offer personal injury protection with at least $10,000 in medical benefits, unless a named insured rejected it in writing (RCW 48.22.095; RCW 48.22.085).
- Get the police report. In Seattle, see how to get a police report in Seattle.
- Do not give a recorded statement before reading what not to tell the insurance company.
The Washington rules of the road in a head-on crash
| Rule | What it says | Source |
|---|---|---|
| Keep right | On roadways of sufficient width, drive on the right half, except when passing, going around an obstruction while yielding to oncoming traffic, on a three-lane road, on a one-way street, or when moving over for certain stopped emergency and work vehicles. | RCW 46.61.100(1) |
| Passing on the left | Use the left side only if it is clearly visible and free of oncoming traffic far enough ahead to finish the pass, and return before coming within 200 feet of approaching traffic. | RCW 46.61.120 |
| No left of center | No driving on the left side when approaching the crest of a hill or a curve with an obstructed view, within 100 feet of an intersection or railroad crossing, or near a bridge, viaduct or tunnel with an obstructed view. | RCW 46.61.125 |
| Marked lanes | Drive as nearly as practicable entirely within a single lane and do not leave it until the move can be made safely. | RCW 46.61.140(1) |
| Divided highways | Drive only on the right-hand roadway. A dividing section includes a space, a barrier, or a median island at least 18 inches wide formed by solid yellow lines or yellow crosshatching. Cross only at an opening or a crossover. | RCW 46.61.150 |
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How Washington uses a broken traffic rule
In Washington, the jury may consider a breach of a duty imposed by statute as evidence of negligence. Only a few breaches count as negligence per se, and driving while under the influence of liquor or any drug is one of them (RCW 5.40.050). So a sober driver who crossed the center line can argue to the jury that he still acted reasonably, while a drunk driver cannot use that argument on the DUI itself.
Your own fault reduces your damages in proportion but does not bar recovery (RCW 4.22.005). One exception applies to impaired plaintiffs: it is a complete defense that the injured person was under the influence, that this was a proximate cause, and that the person was more than 50% at fault. That defense is not available to an impaired driver when the injured person’s condition was not a proximate cause of the crash (RCW 5.40.060). See comparative fault in CA, TX and WA.
Wrong-way crashes in Washington
WSDOT’s June 2025 report to the Legislature counted 493 wrong-way crashes in Washington from 2019 through 2023, including 62 fatal crashes that killed 84 people. The State Patrol recorded 7,549 wrong-way events in the same period, including incidents that did not end in a crash. The Legislature set aside $2 million for prevention. WSDOT chose 122 locations for better signs and pavement markings, including more than 1,000 new signs, and three regions identified 10 locations for detection and warning systems. Because work finished in May and June 2025, the report contains no after-installation results (WSDOT, Wrong-Way Driving 2023-2025 Proviso Report).
Nationally, the NTSB found that 60% of wrong-way drivers in fatal freeway crashes from 2004 through 2009 had indications of alcohol involvement, and 59% of those with a reported blood alcohol level were at 0.15 or higher (NTSB, 2012).
Recent crashes reported by our news desk:
- On August 8, 2026, a Dodge Charger heading east in the westbound lanes of I-90 near milepost 151, west of George, collided head-on with a Tahoe towing a boat. Two 23-year-old women in the Charger died. The Charger’s driver allegedly fled, was arrested in Seattle a month later, and faces two counts of vehicular homicide; KHQ reported investigators believe impairment contributed. These are allegations (I-90, George).
- On I-82 about three miles east of Zillah, an eastbound Lincoln allegedly crossed the median and struck a westbound Toyota Sienna, killing the Lincoln’s 80-year-old driver; KIRO 7 reported the State Patrol listed distracted driving as the cause (I-82, Zillah).
- On October 19, 2026, two drivers died in a head-on collision on SR 164 just west of Enumclaw; the cause was under investigation (SR 164, Enumclaw).
Local pages: Seattle, Tacoma and Spokane car accident lawyers.
No punitive damages in Washington
The Washington Supreme Court has consistently disapproved punitive damages as contrary to public policy and does not allow them without express legislative authorization (Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)). Even a drunk wrong-way driver pays compensatory damages only: medical bills, future care, lost income and earning capacity, and pain and suffering. Our Washington drunk driving accident lawyer page covers claims against bars that overserved the driver.
Road design and claims against the State, counties and cities
In Keller v. City of Spokane, 146 Wn.2d 237 (2002), a motorcyclist hurt at a Spokane intersection argued the City should have made it a four-way stop. The Washington Supreme Court held that a municipality owes a duty to all persons, “whether negligent or fault-free,” to build and maintain its roadways in a condition that is reasonably safe for ordinary travel (opinion). A driver hurt where a road invites crossover or wrong-way entry does not have to be blameless to bring a claim.
- Cities, counties and local agencies: present the standard tort claim form to the entity’s appointed agent within the limitations period, then wait 60 days before suing. The deadline is tolled during the wait (RCW 4.96.020).
- The State, including WSDOT: present the claim to the Office of Risk Management and wait 60 days (RCW 4.92.110).
A federal evidence rule. Safety reports, surveys and data compiled to identify hazardous road locations for federally funded safety programs cannot be discovered or admitted in a damages case arising from a crash at that location (23 U.S.C. § 407). WSDOT prints that notice on its wrong-way report, so a road claim has to be built from other evidence, such as crash reports, photographs and an inspection of the road. See also crashes caused by potholes and dangerous roads.
Insurance: UIM, PIP and the low Washington minimums
The minimum Washington liability policy is $25,000 per person and $50,000 per accident (RCW 46.29.090), lower than in California or Texas. Every Washington auto policy must include underinsured motorist coverage in the same amount as the liability coverage, unless a named insured or spouse rejected it in writing, and an “underinsured motor vehicle” includes one with no liability insurance at all. The required coverage does not apply while you ride a motorcycle (RCW 48.22.030). See making a UIM claim. Head-on crashes with semis are covered on our Washington truck accident lawyer page.
Washington deadlines and rules for head-on collision claims
| Rule | Washington law | Source |
|---|---|---|
| Sue for injury | 3 years | RCW 4.16.080(2) |
| Claim against a city or county | Standard tort claim form, then 60 days before suit | RCW 4.96.020 |
| Claim against the State | Office of Risk Management, then 60 days before suit | RCW 4.92.110 |
| Driver broke a traffic statute | Evidence of negligence; DUI is negligence per se | RCW 5.40.050 |
| Your share of fault | Reduces the award; an impaired claimant more than 50% at fault recovers nothing | RCW 4.22.005; RCW 5.40.060 |
| Punitive damages | Not available without a statute | Dailey (1996) |
| 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.
Evidence to gather in Washington
- The State Patrol collision report and any scene diagram.
- Photos of the median and tire tracks, for a crossover crash.
- Event data recorder downloads from both vehicles.
- Breath or blood test results, which turn a DUI into negligence per se.
- 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 head-on collision lawyer
- Texas head-on collision lawyer
- Washington car accident lawyer
- Washington drunk driving accident lawyer
- Washington truck accident lawyer
- Washington wrongful death lawyer
- Washington brain injury lawyer
Common questions
Who is at fault in a head-on collision in Washington?
Usually the driver who left the right half of the road, passed without a clear view or crossed a median, in violation of RCW 46.61.100, 46.61.120, 46.61.125 or 46.61.150. Under RCW 5.40.050 the violation is evidence of negligence for the jury to weigh, while driving under the influence is negligence per se.
How long do I have to sue after a head-on crash in Washington?
Three years under RCW 4.16.080(2). If a city, county or the State is involved, file the tort claim first and wait 60 days; the deadline is tolled during that wait.
Can I get punitive damages from a drunk wrong-way driver in Washington?
No. Washington does not allow punitive damages without express legislative authorization (Dailey v. North Coast Life Ins. Co.). You can recover full compensatory damages, including pain and suffering.
Can I sue WSDOT or a county for a dangerous road?
Possibly. Keller v. City of Spokane holds that a municipality owes all users, negligent or not, a duty to keep roads reasonably safe for ordinary travel. Claims against the State go to the Office of Risk Management (RCW 4.92.110), and claims against local governments go to the entity’s agent (RCW 4.96.020).
What if the wrong-way driver had no insurance?
Your underinsured motorist coverage applies, because Washington defines an underinsured vehicle to include one with no liability insurance (RCW 48.22.030), unless you rejected the coverage in writing.
What if I was partly at fault?
You can still recover. RCW 4.22.005 reduces your damages by your share of fault and does not bar the claim. The exception is a claimant who was under the influence, whose impairment was a proximate cause, and who was more than 50% at fault (RCW 5.40.060).
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Washington head-on collision lawyer — Beverly Law
Hit head-on or by a wrong-way driver in Washington? We find out who crossed the line, open your PIP and UIM claims and look at whether the road played a part. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- RCW 46.61.100
- RCW 46.61.120
- RCW 46.61.125
- RCW 46.61.140
- RCW 46.61.150
- RCW 5.40.050
- RCW 5.40.060
- RCW 4.16.080
- RCW 4.22.005
- RCW 4.96.020
- RCW 4.92.110
- RCW 46.29.090
- RCW 48.22.030
- RCW 48.22.085
- RCW 48.22.095
- 23 U.S.C. § 407
- Dailey v. North Coast Life Ins. Co., 129 Wn.2d 572 (1996)
- Keller v. City of Spokane, 146 Wn.2d 237 (2002)
- WSDOT, Wrong-Way Driving 2023-2025 Proviso Report (June 2025)
- NTSB, Wrong-Way Driving, Highway Special Investigation Report NTSB/SIR-12/01 (2012)
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.