Can I Sue a Drunk Driver for Damages?

Key Takeaways

• Washington sets a 0.08 blood alcohol concentration limit within two hours of driving under state law.
• Seattle recorded 373 collisions involving alcohol in 2023, including two fatalities and 29 serious injuries.
• A DUI arrest or high BAC reading often establishes negligence in a civil injury claim.
• Washington law generally requires injury lawsuits to be filed within three years of the crash.
• Recoverable damages can include medical costs, lost income, property damage, and pain and suffering.

A single decision to drive after drinking can change the course of another person’s life in seconds. Dubin Law Group’s Seattle drunk driving accident lawyers have worked with injured Seattle residents who never expected an ordinary drive to end in a hospital room, and one of the first questions they ask is can you sue a drunk driver for what happened to them. According to the City of Seattle’s 2024 traffic report, alcohol contributed to 373 collisions citywide in 2023 alone, including two fatal crashes and 29 that left victims with serious injuries. Behind each of those numbers is a person facing medical bills, lost wages, and a long recovery they did not choose. Understanding the legal limits at play, the steps to take after a crash, and the compensation available can help clarify what comes next.

Contact Our Seattle Drunk Driving Accident Lawyers

At Dubin Law Group, our Seattle attorneys help people injured by drunk drivers pursue compensation for medical bills, lost income, property damage, and other losses. With over 180 years of combined experience, we are committed to protecting your rights and pursuing the best possible outcome for your case.

request free consultation call us at (509) 800-8000

Alcohol Limits in Washington State

Washington law draws a clear line for impaired driving. Under RCW 46.61.502, a driver is considered under the influence if, within two hours of driving, their blood alcohol concentration measures 0.08 or higher. The same statute also addresses impairment from cannabis and other drugs, reflecting how broadly Washington defines dangerous driving behavior.

This threshold matters well beyond a criminal courtroom. When a driver’s BAC exceeds the legal limit, that evidence often becomes central to a civil injury claim, since it points directly to a failure to exercise reasonable care behind the wheel. A breath or blood test result above 0.08, paired with a police report and witness accounts, can build a strong factual record. Some cases involve a driver who refused testing altogether, and Washington courts still allow that refusal to be considered alongside other evidence of impairment. Our team routinely reviews these records early, before evidence disappears or memories fade, because early documentation shapes how clearly a case can later be presented to an insurance company or a court.

What to Do if You Are Hit by a Drunk Driver

The minutes after a crash are disorienting, but the choices made during that window often affect both physical recovery and any later claim. Adrenaline can mask pain, and shock can make even simple decisions feel difficult. A structured response helps protect both your health and your legal position:

• Call 911 Immediately: A police response creates an official record and may lead to a DUI arrest at the scene.
• Seek Medical Attention: Some injuries, including concussions and soft tissue damage, do not appear until hours later.
• Document the Scene: Photograph vehicle damage, road conditions, skid marks, and any visible signs of impairment.
• Collect Witness Information: Names and phone numbers of bystanders can support your account of what happened.
• Avoid Discussing Fault: Statements made under stress can be misread later and used against your claim.
• Keep Records Organized: Save medical bills, repair estimates, and correspondence with insurance representatives in one place.

Taking these steps builds the foundation for a well-supported case and reduces the chance that important details are lost before they can be reviewed.

Can You Sue a Drunk Driver for Your Injuries?

For many injured Seattle residents, the practical question is simple. Can you sue a drunk driver who caused a crash, and what does that process actually involve? In Washington, an injured person may bring a civil claim against the at-fault driver, separate from any criminal DUI charges the driver may face.

A civil case does not require proof beyond a reasonable doubt.

Instead, it relies on a preponderance of the evidence, meaning it is more likely than not that the driver’s impairment caused the crash.

Washington also follows a comparative fault system, so a claim can move forward even when more than one driver contributed to the crash. Any share of responsibility assigned to the other driver is weighed against the evidence, and a DUI arrest or a BAC reading above the legal limit tends to carry significant weight in that analysis. Insurance carriers representing the impaired driver often attempt to dispute the extent of injuries or shift blame, which is part of why a documented, well-organized claim matters.

Timing matters as much as the facts themselves. Under RCW 4.16.080, personal injury claims in Washington generally must be filed within three years of the incident. Missing that deadline can eliminate the right to recover, regardless of how strong the underlying evidence may be. Because investigations, medical treatment, and negotiations with insurance carriers can stretch across months, starting the process early gives a case room to develop without running against that clock.

Damages Available After a Drunk Driving Accident

A drunk driving crash creates costs that extend well past the initial impact. Washington law allows injured people to pursue compensation covering the real financial and personal toll the crash has created, rather than treating the injury as a single, isolated event. Depending on the severity of the injuries, recoverable damages may include:

• Medical Expenses: Emergency treatment, surgery, physical therapy, and future care related to the crash.
• Lost Income: Wages missed during recovery and reduced earning capacity if injuries limit future work.
• Property Damage: Repair or replacement costs for a damaged vehicle and personal belongings.
• Pain and Suffering: Compensation for physical pain and emotional distress caused by the crash.
• Loss of Enjoyment of Life: Recognition of activities, hobbies, or routines the injury has disrupted.
• Wrongful Death Damages: Financial and personal losses available to surviving family members in fatal cases.

Each category depends on thorough documentation. Medical records, repair estimates, and employment records all help establish a complete picture of what the crash actually cost, both financially and personally. A claim built on clear documentation tends to hold up better against an insurance company looking for reasons to reduce a payout.

Talk Today With a Car Accident Attorney in Seattle

A drunk driving crash leaves lasting effects, and understanding your options should not add to that burden. If asking can you sue a drunk driver describes where you are right now, our team at Dubin Law Group is ready to review what happened, explain your rights under Washington law, and outline a clear path forward.

We work directly with injured Seattle residents throughout the claims process, from gathering evidence to insurance communication. Call us at 206-800-8000 to discuss your situation with a Seattle car accident attorney and take the first step toward addressing the impact of your crash.

Matthew D. Dubin

Matthew D. Dubin has represented injured people throughout Washington since 1995. He is the founding attorney of Dubin Law Group and focuses his practice on personal injury claims involving motor vehicle accidents, dangerous products, premises liability, catastrophic injuries, and wrongful death.

Education

• License Number: 25378
• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

request free consultation call us at (206) 800-8000