Liability
Liability
The damage and tragedy caused by drunk driving is unquestionable. Drunk drivers have taken innocent lives and caused catastrophic injuries. In some circumstances, the bar, tavern, or other establishment that served alcohol may also face legal liability for injuries caused by an intoxicated person.
Washington law prohibits a person from selling liquor to someone who is apparently under the influence of liquor. Washington regulations likewise prohibit licensed establishments and their employees from supplying liquor to an apparently intoxicated person or allowing an apparently intoxicated person to possess or consume liquor on the licensed premises.
Washington law also prohibits furnishing liquor to a person under 21. This includes selling, giving, or otherwise supplying liquor to someone under 21 or permitting that person to consume liquor on premises under the person’s control, subject to specific statutory exceptions.
A bar or tavern liability claim therefore may involve questions about whether an establishment unlawfully served alcohol, whether the person was apparently intoxicated when served, whether alcohol was furnished to a minor, and whether the conduct contributed to the resulting injuries or death.
Employees who serve alcohol at on-premises licensed facilities are also subject to Washington’s alcohol server permit requirements.
These cases can be challenging because evidence about what happened inside a bar or tavern can disappear quickly. Witnesses may leave, surveillance footage may be overwritten, receipts and transaction records may become harder to obtain, and employees may have difficulty remembering events later. Prompt investigation and preservation of evidence can therefore be important when evaluating a potential claim.
If you or a loved one has suffered injury or death as a result of drunk driving, you should consult with an experienced personal injury attorney. The lawyers at Rush, Hannula, Harkins & Kyler PLLC have the knowledge and skill to investigate the circumstances surrounding the accident and pursue appropriate claims on behalf of you and your family.
Our drunk driving accident attorneys can investigate whether a bar, tavern, or other establishment may have contributed to the circumstances leading to the crash and help identify the parties who may be legally responsible.
If you believe you have a bar/tavern liability claim, call the trial lawyers of Rush, Hannula, Harkins & Kyler PLLC now at (253) 683-8022 or click here to submit a free case review. Let our experience work for you. Our initial consultation is free of charge and if we accept your case, we only get paid for our services if you receive monetary compensation.
Common Evidence in a Bar or Tavern Liability Case
A successful bar or tavern liability case may depend on evidence showing what happened before the drunk driving crash. Depending on the circumstances, relevant evidence may include:
Surveillance Video: Security camera footage may help establish when a person entered an establishment, how much alcohol was consumed or served, and the person’s condition before leaving.
Witness Statements: Employees, customers, friends, and other witnesses may have information about the person’s level of intoxication, the service of alcohol, or what happened immediately before the crash.
Receipts and Transaction Records: Receipts, point-of-sale records, and other business records may help establish when alcohol was purchased and the circumstances surrounding the service.
Police and Accident Reports: Police reports and other crash evidence can help establish what happened after the person left the establishment.
Medical and Toxicology Evidence: Medical records and toxicology evidence may provide important information concerning the driver’s condition and the injuries resulting from the collision.
Promptly identifying and preserving relevant evidence can be particularly important because some evidence, including surveillance footage, may not be retained indefinitely.
What to Do After a Drunk Driving Accident
If you have been injured in a crash involving a suspected drunk driver, your first priority should be obtaining appropriate medical care and reporting the collision to law enforcement.
Preserve photographs, medical records, police reports, witness information, insurance documents, and other evidence relating to the accident. If you know where the driver was drinking before the crash, provide that information to your attorney as soon as possible.
If there may be surveillance footage from a bar, tavern, restaurant, business, residence, or nearby intersection, identifying the location quickly can help your attorney determine whether preservation efforts should be made.
You can also learn more about the importance of preserving video evidence after a crash in How to Obtain Traffic Camera Video Footage After a Car Accident in Washington State.
Who May Be Liable for a Drunk Driving Accident?
The intoxicated driver may be legally responsible for injuries caused by negligent or unlawful driving. Depending on the facts, however, other parties may also have potential legal responsibility.
A bar, tavern, restaurant, or other establishment may need to be investigated when there is evidence that alcohol was unlawfully provided to an apparently intoxicated person or to a person under 21. Washington law separately addresses sales to apparently intoxicated persons and furnishing alcohol to minors.
Determining whether an establishment can be held liable requires an analysis of the specific facts and applicable law. An attorney can investigate the circumstances surrounding the alcohol service, the driver’s condition, the accident, and the resulting injuries.
Injuries Caused by Drunk Driving
Drunk driving crashes can cause serious and life-changing injuries. Depending on the circumstances, victims may suffer:
Traumatic brain injuries: A collision can cause a concussion, brain bleed, or other traumatic brain injury. Learn more about brain injuries.
Spinal cord injuries: High-impact collisions can damage the spinal cord and result in significant impairment. Learn more about spinal injuries.
Broken bones and fractures: A serious collision can cause fractures requiring emergency treatment, surgery, and rehabilitation.
Internal injuries: Blunt-force trauma can cause internal injuries that require immediate medical attention.
Neck and back injuries: Crash victims can experience significant neck and back pain following a collision. RHHK also provides information about neck pain after a car accident and upper back pain after a car accident.
Emotional and psychological injuries: Serious crashes can also have lasting emotional consequences. Some accident victims experience anxiety, depression, or post-traumatic stress symptoms after a traumatic collision. RHHK provides additional information about dealing with PTSD after a car accident.
Compensation for a Drunk Driving Injury
Depending on the circumstances of the case, an injured person may be able to seek compensation for losses resulting from the accident. Potential damages may include medical expenses, lost income, and compensation for pain, suffering, and other legally recoverable losses.
The damages available in a particular case depend on the facts, the applicable law, and the evidence supporting the claim. Learn more about what types of damages you may be able to recover in a Washington personal injury case.
Why Prompt Investigation Matters
A successful bar/tavern liability case requires prompt preservation of evidence, including witness interviews and potentially business records or surveillance footage. Victims in such a case need the help and resources of a strong and experienced legal team.
Evidence can become more difficult to obtain as time passes. For example, surveillance systems may automatically overwrite recordings, witnesses may become difficult to locate, and records may require formal requests or other legal processes to obtain.
Our attorneys can investigate the circumstances surrounding the crash, identify potentially responsible parties, preserve relevant evidence, and pursue the claim on your behalf.
Washington Drunk Driving and Comparative Fault
Washington uses a comparative fault system when determining damages in many personal injury cases. A person’s own fault can affect the amount of damages recoverable, depending on the circumstances and applicable law.
Determining how fault may affect a particular case requires a fact-specific legal analysis. You can learn more about the issue in Understanding Comparative Negligence in Washington.
Washington Personal Injury Claims and Deadlines
Washington’s general statute of limitations provides a three-year period for an action for injury to the person or rights of another, subject to statutory exceptions and other potentially applicable rules.
The deadline that applies to a particular claim can depend on the circumstances and the identity of the parties involved. Because missing an applicable deadline can affect your ability to pursue a claim, it is important to have your situation evaluated promptly.
How RHHK Can Help
Rush, Hannula, Harkins & Kyler PLLC has represented injured people and their families in Washington for decades. Our attorneys can investigate the circumstances of a drunk driving collision and determine whether there may be claims against parties beyond the driver.
We can help investigate:
- Where and when the driver consumed alcohol
- Whether the driver was apparently intoxicated when alcohol was served
- Whether the driver was under 21
- Who served or provided the alcohol
- Whether surveillance footage or other evidence exists
- Witness accounts concerning the driver’s condition
- Police reports and accident evidence
- The nature and extent of the victim’s injuries
- The losses resulting from the accident
Our goal is to identify all potentially responsible parties and pursue the compensation available under Washington law.
Contact RHHK About a Bar or Tavern Liability Claim
If you or a loved one has suffered injury or death as a result of a drunk driving crash, you should not assume that the intoxicated driver is the only person or entity whose conduct should be investigated.
The circumstances surrounding the service of alcohol may provide important evidence about whether another party may have legal responsibility for the resulting injuries.
If you believe you have a bar or tavern liability claim, contact Rush, Hannula, Harkins & Kyler PLLC for a free case review. We can evaluate the circumstances of your accident, explain your legal options, and help you understand the next steps.
Call (253) 683-8022 or contact us online to submit a free case review.
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At Rush, Hannula, Harkins & Kyler PLLC we have the skill and experience to take on a wide range of personal injury cases throughout Washington state. From motor vehicle accidents to workplace injuries – our reputation and success rates keep opposing counsel on edge.
Frequently Asked Questions
We have answers to some of the most common Washington personal injury questions. These are resources for injury victims.
Do I need a lawyer to file a personal injury lawsuit?
It is not necessary to retain a lawyer to file your personal injury lawsuit. You should base your decision to involve an attorney on a reasonable assessment of the pros and cons. Rush, Hannula, Harkins & Kyler PLLC is a highly reputable personal injury law firm that has served Washington since 1959. We deliver value to our clients that far outweighs the fees we collect. But before you retain any attorney, you have to be satisfied that the benefits exceed the costs. We offer these points for your consideration.
What is the statute of limitations in Washington for personal injury?
A statute of limitations is state law; throughout the country, different states set different time limits for identical causes of action. Within each state, different causes of action have different time limits. In Washington, for personal injury lawsuits, the statute of limitations is three years.
How much does a personal injury lawyer cost?
The great advantage of filing a personal injury lawsuit is that most attorneys operate on a contingency fee basis. That means that rather than charging upfront legal fees or an hourly rate, the attorney works without compensation until the case resolves through a jury verdict or settlement. At that time, the attorney takes a percentage of the award. The contingency fee arrangement helps plaintiffs who could not otherwise afford the costs of civil litigation to pursue just compensation without worrying about expenses. It also means that your ability to retain an excellent lawyer does not depend on your ability to pay, but rather on the attorney’s assessment of the strength of your case, or the importance of delivering justice to someone in your particular circumstances.
How do I file a personal injury lawsuit in Washington state?
At Rush, Hannula, Harkins & Kyler PLLC, we want our clients to have an accurate picture of what a personal injury lawsuit entails. The process is rarely quick and easy; defense counsel and insurance companies often employ delay tactics to wear a plaintiff down. We offer this page as a primer for anyone who has a cause of action and is considering a personal injury lawsuit.
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