What Happens When a Loved One Is Killed by a Drunk Driver?
July 26, 2023
Few losses are as sudden or senseless as losing someone you love to a drunk driver. The grief is immediate, but the questions that follow about accountability, finances, and what comes next can feel overwhelming when piled on top of it.
Washington law gives surviving family members the right to pursue a wrongful death claim when a loved one is killed due to another person's negligence. Read on or reach out for more information on how these cases work and who may be liable—beyond just the drunk driver.
KEY TAKEAWAYS
A successful wrongful death claim can help your family cover funeral costs, lost income, and compensation for grief and loss of companionship.
Washington gives families three years from the date of death to file a wrongful death lawsuit. Because building a strong case takes time, speaking with an attorney as early as possible protects your options.
Liability in drunk driving wrongful death cases doesn't always rest with the driver alone. Bars and restaurants that served a visibly intoxicated person, parents of a minor driver, and even employers can all share responsibility under Washington law.
Why File a Wrongful Death Claim?
You may think it’s futile to file a lawsuit like this because there’s nothing you can do to bring your loved one back. However, by holding the responsible parties accountable, you can help ensure this same kind of tragedy doesn’t befall other families. A successful lawsuit can also bring in much-needed financial relief that can be used to pay for funeral and burial expenses, medical expenses, or even lost income.
Eligibility for Filing
To file a wrongful death lawsuit in Washington, you must be the personal representative of the deceased. This is usually assigned in a will or other estate planning document. However, if this hasn’t been done, then a judge can assign it to a surviving spouse or close family member.
Although you aren’t required to work with an attorney, most families find it helpful to hire a wrongful death lawyer who can help them prepare their claim, collect and organize evidence, and then negotiate and advocate on their behalf to reach a fair settlement. State law gives you three years from the date of death to file the lawsuit.
Who Can Be Liable in a Drunk Driving Accident?
When determining liability for a wrongful death suit, the responsibility won’t always lie with the driver. In some cases, liability can also be shared among multiple parties:
Driver: In many cases, the driver will be the only one responsible and will also be responsible for paying any damages that stemmed from it.
Parents: In cases where the drunk driver was a minor and driving their parents’ car, the parents may take some of the blame under the legal rule known as “negligent entrustment.” However, this doesn’t mean that all parents will be held accountable for their child’s actions. For instance, the parents would have had to know their child had a problem with drinking and driving and permitted them to use the car regardless.
The establishment/host that served the drinks: These are commonly referred to as “dram shop” laws (more below) and can hold establishments partially responsible if they knowingly served someone alcohol who was visibly intoxicated.
The employer: Similar to a dram shop rule, an employer may also be held liable if they entrusted an employee to drive while knowing they were intoxicated.
Dram Shop and Social Liability Laws in Washington
A dram shop is any establishment licensed to sell alcohol to the public — a bar, restaurant, or liquor store. Under Washington law, dram shops can be held partially liable for a drunk driving accident if they served alcohol to someone who was visibly intoxicated or to a minor.
The logic is pretty straightforward: if a bartender keeps serving a visibly impaired customer who then gets behind the wheel and kills someone, the establishment shares responsibility for what follows.
Washington also has social host liability laws, which apply to private individuals—such as someone hosting a party at their home. However, social hosts can only be held liable for providing alcohol to minors, not to adults who were served at a private event.
These laws can significantly expand who is liable in a drunk driving wrongful death case, and they are worth exploring with a personal injury attorney.
We Fight to Right the Wrongs
Losing a family member to a drunk driver is one of the most painful experiences imaginable — and navigating the legal process in the aftermath shouldn't fall entirely on your shoulders. At Lake Union Law Group PLLC, I help families throughout Seattle and Western Washington understand their rights and pursue the full compensation they're entitled to under Washington law.
If you're ready to talk through your options, contact us today to schedule a free consultation.