Being run over by an intoxicated driver is a traumatic experience that can leave you with severe injuries and mounting expenses. As a pedestrian, knowing the compensation you can receive can help you start your path to recovery without being anxious about the future.
What types of damages can you recover?
If a drunk driver hits you in Washington, you can seek two main types of damages:
- Economic damages pay for your actual financial losses. This includes medical bills, wages you miss from being unable to work and reduced future earning ability if your injury affects your capacity to earn.
- Non-economic damages cover the physical and emotional impact of your injury. This includes pain and suffering, emotional stress and the loss of enjoyment in everyday activities.
The state does not limit non-economic damages. If your injuries are life-altering, your compensation can reflect the full reality of that harm without being reduced.
Does Washington limit compensation in DUI cases?
Washington takes a unique approach to drunk driving accident compensation. Unlike most states, you cannot seek punitive damages even when someone drives impaired and hits you. However, if a minor caused the accident, you can recover up to $5,000 from the minor’s parents or guardians
Punitive damages serve to punish wrongdoers and deter future misconduct. While many states award these damages in drunk driving cases due to the reckless nature of the conduct, Washington limits damages to what directly relates to your losses.
This means you can recover every dollar of your actual damages, but you cannot receive additional money to punish the drunk driver. The criminal justice system handles punishment through driving under the influence (DUI) charges, fines and potential jail time.
The state also follows a pure comparative negligence rule. If you contributed to the accident in any way, such as jaywalking, the court will reduce your recovery by your percentage of fault, but you can usually still recover damages for the driver’s share of fault
What legal options do you have as a pedestrian?
The first approach you can consider is filing a third-party insurance claim against the at-fault driver’s liability coverage. Washington mandates that drivers must carry a liability insurance of $25,000 per person and $50,000 per accident, which is the minimum. However, these might not cover serious injuries.
You can also file a personal injury lawsuit directly against the driver. This route may be necessary when the driver’s insurance limits are insufficient or when negotiations fail to produce a fair settlement.
For both options, legal representatives can assist with the strict deadlines that govern these claims. The state generally allows three years to file a lawsuit against the at-fault driver. While this may seem like plenty of time, building a strong case takes careful preparation and documentation.