What changes when a drunk driver is involved in an auto accident?
- Liability against the drunk driver is easy to prove. A drunk driver is a negligent driver. The liability part of your case is better when a bad actor, such as a drunk driver, causes your injuries.
- On the other hand, it is painful to know that a grossly negligent person has caused you injuries and inconvenience.
- Ultimately, it’s still an accident subject to vehicle crash law, with the usual complications and concerns.
- Helpful is the fact that when a drunk driver is involved, you may also be able to bring a lawsuit against additional defendants — usually the person or bar/restaurant that supplied the driver alcohol — if
- the adult was already “apparently under the influence of liquor” RCW 66.44.200 or
- the drunk driver was a minor
- Juries don’t like drunk drivers
- juries matter because the case could go to trial
- even though more than 90% of the cases don’t go to a jury trial, insurance companies evaluate cases in part based on what a jury might do
Civil vs Criminal Drunk Driving Cases
- Civil cases are about monetary payback. It is an exchange of money to pay for the damage the drunk driver caused. It’s about suing someone. It’s about settling out of court or going to trial. It’s about getting paid for what you have lost.
- Criminal cases are about the State prosecuting the wrongdoer for their crime. It’s about getting a ticket or getting arrested and charged. It’s about prosecutors, plea bargains, and jail time. It’s about probation, restitution, credit for time served, and paying fines. If you need a further explanation about the criminal system, talk to the victims’ assistance unit or your lawyer.
- A Seattle auto accident involving a drunk driver can easily be BOTH civil and criminal.
- Civil – The drunk driver owes the victim money for property damage, bodily injury, and the inconvenience they caused. Talk to your lawyer about how to get paid what you deserve for these losses.
- Criminal – The drunk driver, when the police are involved, will go through the criminal court system. They face fines and jail time. They may lose their driver’s license. You might be a witness in their DUI trial.
What’s the Difference Between DUI and DWI?
What’s the difference? Not much.
- DUI means driving under the influence
- DWI means driving while intoxicated
- Washington State favors the term DUI
A DUI claim can involve alcohol or drugs, both illegal drugs and legal prescription drugs. The legality of the drug makes little or no difference in the court system. What matters is whether the drugs impaired the as fault driver.
Liability Insurance for Accidents Caused by Drunk Driving
Negligent drunk drivers are obligated to pay for the injuries and losses they cause to innocent victims. They are liable because they are at fault. The insurance that should pay for their negligence is liability insurance. You hope they have enough liability insurance so you can be paid for your losses.
If they have no or insufficient liability insurance, then your UIM insurance should cover your losses.
UIM Insurance
You buy underinsured motorist insurance (UIM) so that you will have insurance coverage if the drunk driver has insufficient insurance.
Your UIM insurance can be a blessing in these situations.
Here is a Typical Drunk Driving Story
Chris Sharpe
Imagine this is you. You are not at fault, and you are t-boned by a drunk driver. Here’s a picture of the totaled car of the drunk driver. Your car was also totaled. You go to the hospital; the other driver goes to jail. Criminal law punishes that drunk driver with a DUI and subsequent court proceedings but will do nothing for you. You have a totaled car, hospital bills, loss of work, and permanent serious injuries. The civil court system allows you to get your medical bills paid for and compensation for your losses. Do not represent yourself; hire a lawyer.
What to Do if Injured by a Drunk Driver. Can I DIY?
- Have the police investigate and write a report
- Find and interview witnesses
- Go to the emergency room if appropriate
- Tell the doctors about all your symptoms and make sure they write them down.
- Get all the medical care you need for all your injuries
- Understand the various types and amounts of insurance and how they apply to you
- Understand the implications of subrogation
- Mind the statute of limitations
- Careful what you say to the insurance adjuster
- Careful what you post on Facebook and other social media
- Get a fair settlement or file a lawsuit and make them pay
What Do I Do Next?
That depends upon the facts of your case and where you are in the process. We recommend starting with a complimentary legal consultation.
