Spokane Drunk Driving Accident Lawyer

The criminal charge filed against the drunk driver who hit you does not pay for your surgery, replace your lost wages, or account for the months of recovery ahead. A Spokane drunk driving accident lawyer at Jacobs & Jacobs handles the civil side of DUI crashes, building injury claims against impaired drivers and, where the facts support it, against the licensed establishments that kept serving them.

Jacobs & Jacobs represents drunk driving accident victims across Eastern Washington from our Spokane Valley office. Call (253) 845-0577 for a free consultation.

Drunk Driving Crash Numbers in Washington and What They Mean for Spokane

Understanding the scale of impaired driving in Washington puts individual cases in context and helps explain why insurers, courts, and juries in Spokane County treat these claims with the seriousness they demand.

The Washington Traffic Safety Commission (WTSC) reported 810 traffic fatalities statewide in 2023, the highest total since 1990. Of those, 400 involved a drug- or alcohol-impaired driver. The WTSC also reported that alcohol-related traffic deaths in Washington increased 91% over the past decade.

Nationally, the NHTSA reported 11,904 alcohol-impaired driving fatalities in 2024. That means that person died every 44 minutes in a drunk driving crash.

Spokane’s geography intensifies the risk. The I-90 corridor funnels long-distance traffic through the metro area. Division Street and Sprague Avenue concentrate nightlife within a few miles. Late-night crashes on Highway 2 and Highway 395 north and south of the city follow seasonal patterns tied to holidays, events at the Spokane Arena, and summer weekends.

These are not random occurrences. They are predictable patterns that alcohol vendors, property owners, and law enforcement all recognize.

How the Criminal DUI Case and the Civil Injury Claim Compare

A drunk driving accident in Washington generates two separate legal proceedings that run simultaneously but serve entirely different purposes. The following table breaks down how the two tracks differ.

A criminal conviction is not required for the civil claim to succeed. A DUI charge that is reduced, dismissed, or acquitted does not prevent the injured person from pursuing compensation. The lower burden of proof on the civil side means that evidence falling short of “beyond a reasonable doubt” may still be more than enough to establish liability.

Evidence the Criminal Investigation Produces for the Civil Case

Law enforcement builds a detailed evidentiary record after every DUI arrest. Much of that record becomes available for use in the civil claim, often providing the strongest proof of the driver’s impairment.

The types of evidence that carry can help include:

• The arresting officer’s written report documenting observations of the driver’s behavior, speech, coordination, and appearance at the scene
• Field sobriety test results, including performance on the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests
• Preliminary and evidentiary BAC readings from breath or blood testing
• Dashcam and bodycam footage capturing the traffic stop, the driver’s statements, and the arrest
• Witness statements from passengers, other motorists, and bystanders who observed the driver before or during the crash

A BAC at or above .08 g/dL establishes a violation of Washington law. That violation satisfies the breach-of-duty element of a negligence claim without requiring additional proof that the driver acted carelessly. However, the injured person still must show causation and damages, but the most contested element in typical car accident claims is effectively resolved by the arrest evidence itself. For more details, read about steps to take after a car accident in Washington.

Ask Jacobs & Jacobs

Q: Does a higher BAC mean a larger settlement?

A: Not directly. Washington does not allow punitive damages, so a BAC of .18 does not automatically produce a higher award than a BAC of .09. However, extreme intoxication strengthens the liability case, weakens comparative fault defenses, and may influence an insurer’s willingness to settle at a higher number rather than risk a jury that reacts strongly to the impairment evidence.

Q: What if the bar that served the driver has closed or changed ownership?

A: A dram shop claim targets the establishment and its insurer at the time of the incident, not the current business occupying the space. Commercial liability policies remain in effect for claims arising during the policy period regardless of whether the business later closes, sells, or rebrands. Identifying the correct insurance carrier and policy period is part of the investigation.

Q: I received a settlement offer from the drunk driver’s insurer already. Is it too early to accept?

A: Settlement offers that arrive before treatment is complete almost always undervalue the claim. An early offer from a driver carrying minimum coverage may reflect the policy limit, not the actual value of the injuries. Before accepting, it is worth determining whether additional sources of recovery exist through dram shop liability, employer coverage, or your own UM/UIM policy.

How Our Spokane DUI Accident Attorney Builds a Claim That Goes Beyond Minimum Coverage

Drunk drivers frequently carry only Washington’s minimum liability coverage: $25,000 per person and $50,000 per accident. For injuries requiring surgery, hospitalization, or extended rehabilitation, that amount disappears before the first round of bills is paid. The gap between what the driver’s policy covers and what the injuries actually cost is where most drunk driving claims either recover real compensation or fall short.

Jacobs & Jacobs has represented injury victims across Washington for over a century, with offices in Puyallup, Tacoma, Spokane Valley, Everett, Vancouver, and Olympia. Our attorneys, including Tom Jacobs, Brian J. Hardtke, Jason Johnson, and Leila Hale, have handled DUI injury claims at every level of severity.

The firm has recovered more than $113 million for clients in the last five years, holds WSAJ Eagle recognition, a 10.0 AVVO rating, and National Trial Lawyers Top 100 membership. We work on contingency, which means no fees unless the case results in a recovery.

That experience matters in drunk driving cases specifically because the coverage map is almost always more complicated than a standard car accident. Multiple policies, multiple defendants, and multiple insurers require a firm that knows where to look and how to stack what it finds.

Dram Shop Claims Against Bars and Restaurants

Washington’s dram shop statute, RCW 66.44.200, prohibits any licensed establishment from selling alcohol to a person who is “apparently under the influence of liquor.” When a bar or restaurant violates that prohibition and the overserved patron causes a crash, the establishment faces potential civil liability for the resulting injuries.

The practical significance of a dram shop claim is the commercial general liability policy behind it, which typically provides far more coverage than the driver’s personal auto insurance. In catastrophic injury and wrongful death cases, the dram shop claim may represent the primary source of meaningful recovery.

Proving overservice requires evidence that the patron was visibly impaired at the time the establishment continued serving. The following categories of evidence tend to carry the most weight in Spokane County dram shop claims.

• Surveillance footage from the bar or restaurant showing the driver’s condition and the volume of service
• Credit card receipts and point-of-sale records documenting the number and timing of drinks purchased
• Testimony from bartenders, servers, and other staff members who interacted with the driver
• Statements from other patrons who observed the driver’s behavior before departure
• The establishment’s alcohol server training records, since Washington requires certified training under RCW 66.20.320, and gaps in compliance may strengthen the claim

UM/UIM Coverage from Your Own Policy

When the drunk driver was uninsured or underinsured, the injured person’s own auto policy may become the most important source of recovery:

• Uninsured motorist (UM) coverage responds when the at-fault driver carried no insurance.
• Underinsured motorist (UIM) coverage fills the gap between the driver’s limits and the actual damages. UM/UIM coverage is available but not mandatory in Washington.

Reviewing every policy in the injured person’s household, including policies held by a spouse or family member, may reveal stacked or overlapping coverage that increases the total available amount. Learn about insurance coverage gaps after an accident for more guidance.

Employer Liability and Social Host Exposure

When the impaired driver was working at the time of the crash, the employer may share liability under respondeat superior. When a social host furnished alcohol to a minor who then caused the crash, the host may face liability under RCW 66.44.270. Washington does not extend social host liability to adults served at private gatherings.

Contact Jacobs & Jacobs drunk driving crash lawyers at (253) 845-0577 for a free consultation. We can discuss the facts of your case, identify potential liable parties, and insurance policies.

What a Spokane DUI Accident Claim May Recover

Washington places no caps on economic or non-economic damages in most personal injury claims. The state also does not allow punitive damages, even in drunk driving cases. Compensation comes exclusively through documented losses and their measurable impact on the injured person’s life.

Economic damages cover the financial losses that arrive with bills, statements, and pay records attached. In Spokane DUI accident claims, these commonly include:

• Emergency medical care, hospitalization, surgery, and ongoing rehabilitation
• Future treatment costs matter when injuries require long-term management, such as traumatic brain injuries, spinal cord damage, or orthopedic reconstruction
• Lost wages, diminished earning capacity, vehicle replacement, and out-of-pocket expenses tied to the injury all fall within this category.

Non-economic damages address the harm that no invoice captures:

• Physical pain from fractures, internal injuries, and surgical recovery
• Emotional distress, including anxiety, depression, insomnia, and post-traumatic stress connected to the crash.
• Loss of enjoyment of activities, relationships, and daily independence
• Loss of consortium, which Washington treats as a separate claim that may be available to a spouse or state-registered domestic partner whose relationship has been affected by the injuries

In severe drunk driving crashes, non-economic damages may represent a large portion of the claim.

Wrongful Death After a Fatal DUI Crash

When a drunk driving accident in Spokane results in death, the personal representative of the deceased’s estate may pursue a wrongful death claim on behalf of surviving family members. Eligible claimants include the surviving spouse, children, and, in some cases, parents or siblings. Recoverable losses may include the deceased’s lost future income, loss of companionship, and funeral expenses, while pre-death pain and suffering may be pursued through a related survival claim. See who can file a wrongful death lawsuit in Washington state for more details.

The three-year statute of limitations runs from the date of death under RCW 4.16.080.

Frequent Questions Related to Spokane Drunk Driving Accident Claims

What if the drunk driver’s criminal case is dismissed, but I still have injuries?

A criminal dismissal does not eliminate the civil injury claim. The two cases apply different standards of proof. A dismissal may result from procedural issues, evidentiary rulings, or plea negotiations that have nothing to do with whether the driver was actually impaired. BAC evidence, officer testimony, and crash scene documentation may still support the civil claim under the lower preponderance-of-the-evidence standard.

How does Washington’s comparative fault rule apply when a drunk driver hit me?

Washington’s pure comparative negligence system (RCW 4.22.005) allows the insurer to argue that the injured person shares some percentage of fault. Common arguments include failure to wear a seatbelt, lane positioning, or speed at the time of impact. Any fault assigned to the injured person reduces the total recovery by that percentage, but does not eliminate the claim.

Does filing a dram shop claim delay the rest of my drunk driving accident case?

A dram shop claim adds a defendant and a separate insurance policy to the case, which may extend the investigation and negotiation phases. However, the dram shop claim and the claim against the driver typically proceed together as part of the same lawsuit rather than as sequential cases. Discovery from the bar or restaurant, including surveillance footage, server records, and training documentation, often strengthens the overall case against both defendants.

What role does accident reconstruction play in a Spokane drunk driving case?

Accident reconstruction may establish speed, trajectory, and the point of impact in a DUI crash, connecting the impairment evidence to the specific mechanism of injury. Reconstruction is particularly valuable when the drunk driver disputes the sequence of events, when multiple vehicles were involved, or when the severity of injuries requires proof that impact force was consistent with the documented harm. For related information, read about proving fault in a Washington car accident case.

Call a Spokane Drunk Driving Accident Lawyer Today

The calls start before the bruises fade. The drunk driver’s insurer wants a recorded statement. Your own insurance company wants documentation. The prosecutor’s office may want your cooperation. Each one has a different agenda, and none of them is focused on making sure you recover what the claim is actually worth.

A free consultation with the Spokane drunk driving accident lawyers at Jacobs & Jacobs gives you a clear picture of who may be liable, what coverage is available, and whether the claim reaches beyond the driver to a bar, employer, or other party. Call (253) 845-0577 now.