A driver high on marijuana, prescription pills, or illegal drugs can react as slowly as a drunk driver. In Washington, the law treats both the same way: it’s illegal, and if you got hurt, you have the right to make a claim. Washington’s THC limit is 5 nanograms of active THC per milliliter of blood. Go over it, or show signs of impairment from any drug, and a driver can be charged criminally and sued in civil court.

If a drugged driver hit you or someone you love in Seattle, you don’t have to fight the insurance company alone. Elsner Law has represented injury victims across Washington since 2007. We work on contingency, so you pay nothing upfront and nothing at all unless we win your case. Free consultations are available by phone, text, or online, including after hours.

Call 206-447-1425 for a free case evaluation.

Why Drugged Driving Crashes Are Rising in Seattle

Washington legalized recreational marijuana in December 2012. Since then, drugged driving crashes have climbed. Before legalization, an average of 8.8% of drivers in fatal Washington crashes tested positive for THC. After legalization, that average nearly doubled to 18.0%, and hit an estimated 21% in 2017, the highest rate in a decade of tracked data, according to the AAA Foundation for Traffic Safety.

This isn’t only a marijuana problem. Washington’s DUI law, RCW 46.61.502, covers alcohol, marijuana, prescription drugs, over-the-counter medication, and illegal drugs under one statute. A driver on sedating cold medicine or an opioid painkiller can be just as impaired, and just as liable, as a driver who used marijuana before getting behind the wheel.

What Counts as Drugged Driving Under Washington Law?

Washington law counts a driver as impaired if they’re over the legal THC limit, or if any drug, legal or illegal, affects their ability to drive safely. That includes:

• Marijuana, recreational or medical
• Prescription medication, including opioids, sedatives, and some anxiety medications
• Over-the-counter drugs, including some cold and allergy medicine
• Illegal drugs, including cocaine, methamphetamine, and heroin
• Multiple substances combined, including drugs mixed with alcohol

Is a Marijuana DUI Treated the Same as an Alcohol DUI in Washington?

Yes. Washington’s DUI statute sets a legal limit for both: 0.08 blood alcohol concentration for alcohol, and 5.00 nanograms of active THC per milliliter of blood for marijuana. Cross either limit, or show visible signs of impairment from any drug, and a driver can face the same criminal charges and the same civil liability.

How We Prove a Drugged Driving Claim

Impairment from drugs is often harder to prove than impairment from alcohol. There’s no roadside breathalyzer for marijuana or pills. Proving drug impairment usually requires a blood draw, and blood tests take longer to process than breath tests. That gap can hurt a claim if your attorney doesn’t move fast enough to preserve the evidence.

Our team builds your case using:

• The police report and any drug recognition expert evaluation
• Toxicology and blood test results
• Eyewitness statements
• Traffic camera or dashcam video
• Accident reconstruction analysis
• Your medical records, connecting the crash directly to your injuries

What If the Insurance Company Says There’s No Proof the Driver Was Impaired?

Insurance companies often argue that a lack of a criminal conviction means there’s no case. That’s not true. Civil cases use a lower burden of proof than criminal cases, and evidence like police observations, field sobriety test results, and eyewitness accounts can establish impairment even without a conviction. We push back on this argument directly, with the evidence to back it up.

Free case review, day or night – call (206) 447-1425 now.

What Compensation Can You Recover After a Drugged Driving Crash?

Washington law lets you recover two kinds of damages: economic losses you can put a number on, and non-economic losses for pain and disruption to your life.

Economic Damages

• Medical bills, past and future, including surgery, physical therapy, and ongoing care
• Lost wages for the time you missed work
• Diminished earning capacity if your injuries limit your ability to work going forward
• Property damage, including vehicle repair or replacement
• Out-of-pocket costs tied to your recovery, like medication or transportation to appointments

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Wrongful Death Damages

If a drugged driver killed a family member, Washington law lets the family pursue a separate wrongful death claim. This can include funeral and burial costs, loss of the household income the person provided, and loss of the future financial support the family expected.

What If I Was Partly at Fault for the Crash?

Washington follows pure comparative negligence. You can still recover money even if you were partly responsible for the crash. Your total award is reduced by your percentage of fault, but it isn’t wiped out. A driver who was found 20% at fault can still recover 80% of their damages.

What If the Other Driver Doesn’t Have Insurance?

Washington requires drivers to carry insurance, but not every driver does. If the at-fault driver is uninsured or underinsured, you may be able to recover through your own uninsured or underinsured motorist coverage. We review your policy and explain your options at no cost.

Not sure what your case is worth? A free consultation with Elsner Law can tell you where you stand, with no obligation.

Why Injury Victims Choose Elsner Law

• No fees unless we win. We work on contingency and cover the costs of building your case as we go. You never pay us upfront.
• Trial-ready from day one. We prepare every case as if it’s headed to trial. That readiness gives insurance companies a real reason to negotiate fairly instead of offering a lowball settlement.
• A network built for hard cases. We work with medical professionals, accident reconstruction specialists, and other experts who strengthen your claim with real evidence.
• Statewide coverage, local knowledge. We serve clients from offices in Brier, Seattle (by appointment), Ellensburg, and Pullman, with a working knowledge of local courts and insurers across Washington.
• We speak your language. Our team includes Spanish-speaking staff, so language isn’t a barrier to getting help.
• Free consultations, including after hours. Reach us by phone, text, or online, whenever you’re ready to talk.

Frequently Asked Questions

Do I need the other driver to be convicted of DUI to win my case?

No. Your civil claim is separate from any criminal case. We can win compensation even if charges are reduced, dropped, or never filed, as long as we can prove the driver was impaired and caused the crash.

What if the driver was on prescription medication, not illegal drugs?

It doesn’t matter whether the drug was legal. If a prescription or over-the-counter medication impaired the driver’s ability to drive safely and caused your crash, you may have a claim.

What if the driver was impaired by both alcohol and drugs?

Multi-substance impairment is common, and it often makes a driver more dangerous, not less liable. We build these cases using the full toxicology picture, including both alcohol and drug levels.

How long do I have to file a claim in Washington?

Generally, three years from the date of the crash, under Washington’s statute of limitations (RCW 4.16.080). Wrongful death claims generally follow the same three-year window. Waiting risks losing your right to recover anything, so it’s worth talking to an attorney as soon as you’re able.

Can I still recover money if the crash also involved a bar or restaurant that overserved the driver?

Possibly. Washington’s dram shop law can hold a bar or restaurant liable for serving a visibly intoxicated person who then causes a crash. This applies to alcohol service, not drug use, and it’s a separate legal claim from your drugged driving case.

What does it cost to hire Elsner Law?

Nothing upfront. We work on contingency, which means we only get paid if we win your case, and we cover the costs of building your case as we go.

Talk to a Seattle Drugged Driving Accident Lawyer Today

You didn’t cause this crash. You shouldn’t have to fight an insurance company while you’re trying to recover. Elsner Law has spent nearly two decades helping Washington injury victims get real compensation from drugged and drunk drivers, insurance companies, and every party responsible.

Free consultations are available by phone, text, or online, including after hours, in person, by video, or at your home if you can’t travel. We meet Seattle clients by appointment, with additional offices in Brier, Ellensburg, and Pullman, and our team speaks Spanish if that’s easier for your family.

Call 206-447-1425 now for your free, no-obligation case review. You pay nothing unless we win.