A drunk driving accident involving your child is a parent’s worst nightmare. The sound of a crash, the rush of emergency lights, and the wait in the emergency room are moments that stay with you forever. If your child was injured by a drunk driver in Port Orchard or anywhere in Washington, you are likely facing a mountain of unexpected medical bills, deep emotional trauma, and a future filled with uncertainty.
At LaCross Law in Port Orchard, we understand the devastation and fear that grips a family in these moments. We know that your priority is your child’s healing, but we also know that financial protection is a critical part of that recovery. With years of experience handling personal injury cases in Kitsap County, our attorneys provide strong, compassionate advocacy. We guide you through the legal maze and fight relentlessly to hold the at-fault driver accountable.
Understanding Washington DUI Laws and Your Rights
Washington State takes a zero-tolerance approach to drunk driving, especially when it results in injury. Driving under the influence (DUI) is defined as operating a vehicle with a Blood Alcohol Concentration (BAC) of:
- 0.08% or higher for drivers over 21.
- 0.04% or higher for commercial drivers.
- 0.02% or higher for drivers under 21.
However, a driver can also be charged if they are “affected by” alcohol or drugs, regardless of the number. This is a critical distinction. Even if a driver blows a 0.06%, if their driving was erratic and caused your child harm, they are liable. When a drunk driver injures a person, the charge often escalates to Vehicular Assault, a Class B felony.
Knowing these laws establishes the driver’s liability. When a drunk driver injures a child, they face harsh criminal penalties, but criminal courts focus on punishment, not your compensation. To recover damages for medical bills and suffering, you must file a civil personal injury claim.
Consequences for the Drunk Driver
The driver who shattered your peace faces significant consequences:
- License suspension: Mandatory suspension, often extended when injury occurs.
- Heavy fines: Financial penalties can be severe.
- Jail time: Mandatory imprisonment is common, escalating to years in prison for Vehicular Assault.
- Ignition interlock device (IID): A requirement to install a breathalyzer in their vehicle.
While these penalties punish the driver, they do not pay your child’s hospital bills. That is the purpose of the civil lawsuit. Our Port Orchard personal injury attorneys are experienced in navigating the intersection of criminal and civil cases to make the most of your recovery.
Steps to Take Immediately After the Accident
When your child is hurt by a drunk driver, the hours and days that follow can feel like a blur, so taking prompt, informed action helps protect critical evidence, strengthens your legal claim, and prevents insurance companies from taking advantage of your vulnerability during this difficult time. While your focus should always remain on your child’s health and well-being, the following steps can help safeguard your rights. Here is your checklist:
- Seek medical care immediately: Your child’s health is paramount. Hidden injuries like TBI or internal bleeding are common in high-impact crashes.
- Call the police: Ensure a report is filed. This documents the impairment.
- Gather evidence: Photos of the scene, skid marks, and the driver’s behavior are vital.
- Silence is golden: Do not give a recorded statement to the other driver’s insurance company. They are building a defense, not helping you.
- Hire counsel: Contact a car accident attorney in Port Orchard immediately. We handle the paperwork so you can focus on your child.
The Unique Vulnerability of Child Victims
Injuries sustained by children in serious collisions can have lifetime implications. A broken bone might affect a growth plate, leading to future surgeries. A concussion might impede cognitive development, affecting school performance years down the road. Whether your child was a passenger or struck in a pedestrian accident, the damages must account for their entire future.
Our team works with medical experts to project these long-term costs. We ensure that any settlement covers not just today’s bills but also the therapy, tutoring, and care your child might need in 10 or 20 years.
Why Choose LaCross Law? The “Dual-Lens” Advantage
You need a firm that knows the battlefield. At LaCross Law, we have a unique advantage: we have deep experience in both criminal defense and personal injury.
- We know the defense playbook: Because our attorneys have handled DUI defense, we know exactly how the other side will try to minimize the driver’s impairment. We know how to counter those arguments before they are even made.
- Local authority: We are a fixture in the Kitsap County legal community. Whether your case is in Port Orchard, Bremerton, or involves a car accident in Newcastle, we know the judges and the juries.
- Compassion: We treat you like family. Learn more about us and our commitment to our clients.
Contact Us Today
Do not face this alone. If your child has been injured, time is of the essence. Contact the Port Orchard Personal Injury Lawyers at LaCross Law today. Call us at 360-447-9365 or visit our blog for more resources. We are here to listen, to fight, and to help your family heal.
Frequently Asked Questions About Personal Injury Cases Involving Minors and Drunk Drivers
1. Do I still need a personal injury lawyer if the drunk driver is facing criminal charges?
Yes. Criminal charges focus on punishing the driver, not compensating your family. A civil personal injury claim is the only way to recover damages for medical bills, pain and suffering, future care, and other losses related to your child’s injuries.
2. How long do I have to file a claim for my injured child in Washington?
Washington law generally sets strict deadlines (statutes of limitation) for personal injury claims. While cases involving children may allow additional time, waiting too long can still harm your case. Evidence fades, witnesses disappear, and insurers gain leverage. Speaking with an attorney early is critical.
3. What types of compensation can my child recover?
Your child may be entitled to compensation for medical expenses, future treatment, rehabilitation, pain and suffering, emotional distress, and long-term developmental impacts. In severe cases, damages may also include lifelong care, educational support, and loss of future earning capacity.
4. What if my child’s injuries seem minor right now?
Many serious injuries, such as traumatic brain injuries or damage to growth plates may not be immediately obvious. Symptoms can emerge weeks or months later. Early documentation and legal guidance help ensure future complications are properly accounted for.
5. Will I have to deal with the drunk driver’s insurance company myself?
No, and you shouldn’t. Insurance companies often push parents to give recorded statements or accept quick settlements that do not reflect the true long-term cost of a child’s injuries. An attorney handles all communication, protecting you from unfair tactics.
6. How much does it cost to hire a personal injury lawyer for my child’s case?
Most personal injury cases are handled on a contingency fee basis, meaning you pay nothing upfront and no legal fees unless compensation is recovered. This allows families to pursue justice without adding financial stress during an already overwhelming time.
