If you have been hurt in an accident involving a drunk driver, then you may have the ability to file a claim or lawsuit against the driver to compensate you for your injuries. In the state of Washington, there are several types of damages that you may be eligible for following a drunk driving accident. If you or a loved one has been harmed due to a drunk driver, then it is important to speak to an experienced drunk driving accident attorney right away and get your legal team assembled.
What is Drunk Driving in Washington State?
Under Washington law, it is illegal to drive a vehicle while under the influence of alcohol or drugs. In order to be charged with drunk driving, a driver does not need to have a blood alcohol concentration (BAC) of 0.08% or higher. A driver can be charged with drunk driving if their BAC is 0.02% or higher and they are under the age of 21, if their BAC is 0.04% or higher and they are operating a commercial vehicle, or if their ability to drive is noticeably impaired by alcohol or drugs regardless of their BAC.
Penalties for Drunk Driving in Washington State
The penalties for drunk driving in Washington depend on the circumstances of the offense and the offender’s criminal history. For a first offense, a driver can face up to 90 days of jail time and a fine of $1,000. For a second offense, a driver can face up to one year in jail and a fine of $3,000. For a third offense, a driver can face up to five years in jail and a fine of $5,000. If someone is injured, killed, or needs medical attention as a result of a drunk driving accident, the penalties are increased. Usually, a police officer is called to the scene and will generate a report of the accident which can be used for both criminal and civil purposes.
How Drunk Driving Can Result in a Personal Injury Claim
Drunk driving accidents can cause serious injuries or even death. If you have been hurt in an accident due to an impaired driver, then you may be able to file a personal injury claim against the responsible party. Under Washington law, negligence is defined as the failure to use reasonable care under the circumstances, which result in harm to another person. In order to win a negligence claim, the plaintiff must prove that the defendant owed them a duty of care, the defendant breached their duty of care, and the plaintiff was harmed as a result of the breach.
If you or a loved one has been involved in a drunk driving accident, then it is important to speak to an experienced attorney who can help you understand your legal rights and options. An experienced personal injury attorney can also help you gather evidence to support your claim and negotiate with insurance companies on your behalf. If you have been hurt in an accident, contact our office today to schedule a free consultation with one of our experienced Pierce County personal injury attorneys.
Types of Damages Available in Drunk Driving Crashes
There are several types of damages that may be available to you if you have been hurt in an accident caused by a drunk driver. You can receive these damages from insurance companies or the responsible party. These damages can include economic damages, non-economic damages, and punitive damages, and getting a combination of these damages is essential to receiving maximum compensation.
Economic damages refer to the direct costs of an accident. These costs are usually easily calculable and are the sum of your most immediate expenses.
These damages include:
- Medical Bills
- Lost Wages
- Property Damage
- Rehabilitation Expenses
Non-economic damages refer to other costs that result from an accident that are not as easily calculated. Many non-economic damages in a drunk driving accident case refer to long-term harm that results from the at-fault driver. These damages include:
- Pain and suffering
- Emotional Distress
- Mental Anguish
- Loss of Enjoyment of Life
Punitive damages refer to costs that a judge or jury will impose on the at-fault driver if his or her conduct is so extreme and outrageous that additional penalties are necessary. Punitive damages are awarded in addition to any compensatory damages and are meant to punish the party further and deter others from committing the same misconduct. If a driver had an excessively high blood alcohol level or caused a wrongful death, then the liable party can face paying punitive damages.
The higher someone’s blood alcohol content is, the more likely punitive damages are a possibility in a drunk driving accident claim.
An experienced drunk driving accident attorney can help you understand your legal options, the types of damages that may be available to you, and fight for the compensation that you deserve. If you are a drunk driving accident victim and have questions about filing a personal injury lawsuit, then call us at the Law Office of Sofia Miguel today for free legal advice.
Experienced Drunk Driving Lawyer
Attorney Sofia K. Miguel guarantees that you will never write a check to our law firm under Sofia’s “no fee guarantee.” Consultations are free and if your case is selected, then Sofia will also cover all of your court costs incurred during your DUI injury case.
Sofia only gets paid when you do. Her services will cost you nothing out of pocket; simple as that. Let Sofia’s nearly twenty years of experience in helping people recover from their injuries get to work for you now.
If you or a loved one has suffered an injury due to a drunk driver near Seattle, Puyallup, or Tacoma, WA, then contact us for an initial consultation with Sofia Miguel as she is ready to help you fight to get the money you deserve. Call us at 253-200-4471, come visit our office right here in Puyallup at 702 S. Hill Park Dr. #207, or contact us online anytime. We are here for you.
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