Numerous campaigns and organizations have highlighted the dangers of drinking and driving. Unfortunately, careless drivers still engage in this reckless behavior, changing the lives of accident victims forever. Data from Washington DC’s “Vision Zero” shows that between 2017 and 2021, Washington DC recorded 47 alcohol-impaired fatalities, representing nearly 30 percent of all traffic-related fatalities in the area.
At Marks & Harrison, our Washington DC drunk driving accident lawyers have extensive experience delivering results that matter to our clients, with millions recovered for accident victims since 1911. We fight to protect the rights of victims injured in drunk driving accidents and pursue meaningful compensation and justice on their behalf. Clients in the Washington DC area agree we have their best interests in mind.
A highly skilled team of 30 personal injury attorneys and over 100 support personnel is ready to help you. Contact our office today and arrange a free consultation to discuss your situation.
Washington DC Drunk Driving Offenses
The two offenses linked with alcohol and vehicles in Washington DC are driving under the influence (DUI) and driving while intoxicated (DWI).
In Washington DC, a person can be charged with DUI if they are operating or in physical control of a vehicle while their blood alcohol concentration (BAC) is 0.07% or lower and they show other signs of impairment, such as failing field sobriety tests or reckless driving.
A driver in Washington DC can be charged with DWI if their BAC is 0.08 or greater. They can be charged based on their BAC alone, and they do not have to show any other signs of intoxication, such as failing field sobriety tests or reckless driving.
Washington DC law enforcement indicates that DWI charges can apply to an individual with a blood alcohol concentration of 0.08 percent or higher. DUI charges impact individuals with a blood alcohol concentration of 0.07 percent or lower. However, a driver may also face DUI charges if a law enforcement officer notices signs of impairment after performing field sobriety tests or observing the motorist’s behavior.
Motorists under the age of 21 who operate a vehicle under the influence of drugs or alcohol can be charged with DWI with any measurable amount of alcohol in their blood.
What Types of Accidents Are Caused by Drunk Drivers in DC?
Alcohol impairs the mind and body in several ways, affecting a person’s ability to think and reason, slowing motor function and coordination, and decreasing visual perception. When people cannot appropriately react to their surroundings, they are more likely to cause a significant collision with other motorists.
Some of the most common accidents caused by impaired drivers in the Washington DC area tend to include the following:
- Head-on collisions
- Rear-end crashes
- Rollovers
- Intersection accidents/red-light accidents
- Pedestrian accidents
- Speeding crashes
- Sideswipe accidents
- Single-vehicle collisions
Drugs and alcohol can also cause drowsiness, leading to fatigued or drowsy driving accidents as well.
Who Can Be Held Liable for a DC Drunk Driving Accident?
Establishing liability following a drunk driving crash is vital for seeking maximum compensation for your injuries. While it is easy to assume that the impaired driver is at fault, more than one entity may be responsible for causing the collision. Parties that may be wholly or partially liable for a drunk driving crash in Washington DC can include:
- The impaired driver
- The establishment that overserved the impaired driver
- The establishment that sold or served alcohol to a minor
- An employer/trucking company if the driver is a commercial truck driver or someone whose work requires them to drive
Working with an attorney is the best way to learn who may be liable for the collision and hold those parties accountable for their actions.
What Is the Dram Shop Rule?
DC Code § 25-787 contains Washington DC’s dram shop liability laws. These laws allow drunk driving accident victims in some instances to hold bars, restaurants, and liquor stores liable for selling or overserving alcohol to intoxicated individuals, or to minors who go on to cause an alcohol-related motor vehicle accident.
Is DC a No-Fault State?
Most jurisdictions in the United States follow one or two car insurance models: fault and no-fault. In fault-based systems, the victim files an insurance claim with the at-fault driver’s insurance company seeking compensation for their injuries after an accident. In no-fault states, the accident victim files a claim with their own insurer, no matter who caused the collision.
Washington DC does car insurance a bit differently. The District of Columbia uses a hybrid or choice no-fault car insurance system. When a driver is involved in a motor vehicle accident, they must notify their car insurance company. They have 60 days following the crash to choose whether they want to receive personal injury protection benefits (PIP) from their insurance company to cover their medical expenses. PIP benefits are outlined in D.C. Code § 31-2404. Under this no-fault option, an accident victim electing PIP cannot file a claim or lawsuit against the at-fault motorists unless they meet specific conditions set out in D.C. Code § 31-2405.
If an accident victim chooses not to receive PIP benefits from their insurance company, they can pursue a claim against the at-fault driver.
Can I Seek Compensation from the Drunk Driver Who Caused the Accident?
Depending on how you file a car accident claim, you can sometimes seek compensation from the drunk driver who, due to their negligence, caused the accident. Collecting PIP benefits from your insurance company means you cannot pursue further compensation or file a lawsuit against the drunk driver unless your injuries meet the Washington DC severity threshold. That means:
- Medical expenses and lost income exceed the limits of PIP coverage or
- An accident victim suffers significant or permanent scars, disfigurement, or impairment, or they suffer a total impairment that lasts for more than 180 consecutive days.
What Is the Statute of Limitations on Washington DC Drunk Driving Accident Claims?
If you step outside the no-fault system or don’t accept PIP benefits, you may pursue a personal injury lawsuit seeking compensation for your injuries. However, there is a time limit in place. D.C. Code § 12-301 gives you three years from the date of the accident to file your case.
Contact a Washington DC Drunk Driving Accident Lawyer
At Marks & Harrison, we have a long track record of helping individuals in the Washington DC area pursue compensation for their injuries after a drunk driving crash. We are passionate about protecting victims’ rights and obtaining maximum compensation and justice. Contact our office today, and let’s discuss your case for free.
