If you or a loved one suffered injuries in a drunk driving accident, you may want to speak with an accident attorney familiar with impaired driving cases. Drunk driving accidents can result in serious injuries and loss of life across Washington. Tamaki Law works with injured individuals to pursue compensation through negotiation or trial when necessary. Call us today at (425) 679-6421 for a free consultation with no upfront costs.
Why Choose Tamaki Law for Your Drunk Driving Accident Claim
Tamaki Law has represented individuals injured in accidents, including those involving impaired drivers, for many years. The firm was founded in 1994 by Blaine Tamaki, and the firm history page states that Tamaki Law employs six lawyers and operates offices in Yakima, Kennewick, and Bellevue. The firm has obtained significant recoveries in past cases, including results involving collisions with impaired drivers; however, past results do not guarantee similar outcomes in future cases.
Attorneys at the firm are members of professional organizations such as the Washington State Association for Justice, and the site states that several attorneys have received Super Lawyers or Rising Star recognition. Tamaki Law also states that it offers free consultations and handles cases on a contingency fee basis, meaning attorney fees are not charged unless compensation is recovered. The firm’s approach includes investigation, communication with clients, and advocacy throughout the claims process.
What Constitutes a Drunk Driving Accident Claim
A drunk driving accident generally involves a driver operating a vehicle with a blood alcohol concentration of 0.08% or higher, which is the legal limit in Washington for most drivers. According to the National Highway Traffic Safety Administration (NHTSA), impaired driving can contribute to accidents that result in injuries such as whiplash, fractures, head injuries, spinal cord damage, and fatalities.
In a civil claim, an injured party must show that the impaired driver acted negligently and caused their injuries. Negligence typically involves four elements: duty of care, breach of that duty, causation, and damages. Civil claims are separate from criminal DUI proceedings and focus on financial recovery for losses rather than criminal penalties. Understanding the difference between personal injury claims and criminal cases is essential for your legal strategy.
How Drunk Driving Accidents Happen and Liability
Drunk driving accidents may occur in situations such as intersection crashes, rear-end collisions, or head-on impacts. Alcohol can affect judgment, reaction time, and coordination, which may increase the likelihood of a crash. The Centers for Disease Control and Prevention (CDC) provides extensive research on the dangers of impaired driving.
Establishing liability can involve evidence such as police reports, BAC test results, and witness statements. A DUI conviction may support a civil claim but does not automatically determine liability. In some cases, Washington law may allow claims against establishments that served alcohol to a visibly intoxicated person who later caused an accident, which can provide an additional source of potential recovery. These are known as dram shop claims, and they require specific legal knowledge to pursue successfully.
Damages You Can Recover
Individuals injured in drunk driving accidents may be able to recover damages such as:
- Medical expenses, including emergency care, hospitalization, and rehabilitation.
- Lost wages due to time away from work.
- Pain and suffering related to physical and emotional impacts.
- Long-term or permanent impairment or disfigurement, if applicable.
In wrongful death cases, certain family members may pursue damages such as funeral expenses, lost financial support, and loss of companionship. Washington law allows recovery of economic and non-economic damages in appropriate cases. Insurance coverage, including uninsured or underinsured motorist coverage, may also apply depending on the circumstances. For cases involving catastrophic injuries, damages may be substantially higher.
Steps to Take After a Drunk Driving Accident
After a drunk driving accident:
- Move to a safe location if possible and call 911.
- Request a police response and obtain report information.
- Take photos of the scene, vehicles, and any visible injuries.
- Collect contact details from witnesses.
- Seek medical attention promptly, even if symptoms are not immediately apparent. Keep records of treatment, expenses, and missed work.
- Notify your insurance company and consider speaking with an accident lawyer, as evidence can change over time and legal deadlines apply.
- Preserve relevant documentation such as medical records, photos, and reports.
For detailed guidance on what to do after a car accident, consult with an experienced personal injury attorney. The American Bar Association provides resources on finding qualified legal representation.
The Claims Process for Drunk Driving Accidents
The claims process typically begins with an investigation, which may include reviewing police reports, medical records, witness statements, and test results. The goal is to assess liability and document damages. Our team of attorneys has extensive experience navigating these complex investigations.
A demand may then be submitted to the insurance company outlining the claim. Many cases are resolved through settlement negotiations, though some proceed to litigation. Timelines vary depending on the facts of the case. If a case goes to trial, evidence is presented for a judge or jury to determine the outcome. Learn more about the discovery phase in a lawsuit to understand what to expect. Understanding how personal injury settlements are paid out can help you plan for your recovery.
Frequently Asked Questions
How long do I have to file a drunk driving accident claim in Washington?
Washington generally provides a three-year statute of limitations for personal injury claims. This means a lawsuit typically must be filed within three years of the accident date. Acting sooner may help preserve evidence and strengthen a claim. Learn how long after a car accident you can claim injury.
Can I sue the bar or restaurant that served the drunk driver?
In some situations, yes. Washington law may allow claims against establishments that served alcohol to a visibly intoxicated person who later caused harm. Whether such a claim is available depends on the specific facts. Premises liability claims may apply in these circumstances. These claims are governed by Washington’s dram shop laws, which hold alcohol vendors accountable for negligent service.
What if the drunk driver doesn’t have insurance?
Your uninsured motorist coverage may apply if the at-fault driver lacks insurance. Additional recovery options may also exist depending on the circumstances of the case. Understanding your insurance coverage options is critical to maximizing your recovery.
How much is my drunk driving accident case worth?
Case value depends on factors such as injury severity, medical costs, lost income, and available evidence. Outcomes vary widely. An experienced attorney can review your situation and provide an estimate based on available information. Learn more about how to gather strong evidence for a personal injury lawsuit.
Will my case go to trial?
Many cases resolve through settlement, but some proceed to trial. Whether a case goes to trial depends on factors such as liability, damages, and the willingness of the parties to reach an agreement. Learn about the benefits of hiring a personal injury lawyer to guide you through this process.
Do I have to pay upfront for legal representation?
No. Tamaki Law states that it handles personal injury cases on a contingency fee basis, meaning legal fees are not charged upfront and are paid only if compensation is recovered.
Contact Tamaki Law for Your Free Consultation
If you were injured in a drunk driving accident in Bellevue, contact Tamaki Law to discuss your situation. Call (425) 679-6421 or contact us online for a free consultation. Tamaki Law states that it has offices in Yakima, Bellevue, Kennewick and offers free consultations for injury matters.