Drunk driving is a major concern across the United States, contributing to thousands of collisions and fatalities each year. There were 2,190 crossing collisions in 2023, causing 248 fatalities and 761 injuries. In Washington state, there were 49 collisions, leading to 20 injuries and 2 fatalities in 2023, meaning collisions between vehicles and trains at rail crossings are an ongoing safety issue. When alcohol impairment is involved in these crashes, determining liability can become complex.
Liability Laws in Washington State
Washington is a pure comparative negligence state. This means if multiple parties are negligent in an accident, each bears some percentage of liability based on their level of fault. So, for a drunk driving rail crossing collision, liability may be apportioned between the impaired driver and other potentially negligent entities like the railroad company.
Key factors in assigning liability include:
- Blood alcohol level of the driver
- Evidence of impairment and reckless driving
- Any failure to maintain proper control of the vehicle
- Whether the driver ignored warning signs or signals at the crossing
- Any negligence by the railroad regarding signage, signals, vegetation overgrowth, etc.
Drunk Drivers Bear Much of the Liability
In most drunk driving rail collisions, the impaired driver will bear the majority of liability. Driving drunk is reckless behavior that greatly endangers others.
Even if other factors are present, like poor visibility at the crossing or train signals that allegedly malfunctioned, the driver made the irresponsible choice to get behind the wheel while intoxicated. They are still responsible for maintaining control of their vehicle and responding appropriately to road conditions and warnings.
So, unless the railroad’s negligence can be clearly documented, the drunk driver will often be assigned over 50% and sometimes up to 100% of the liability.
Other Potentially Liable Parties
Though drunk drivers are predominantly liable, other parties may share some responsibility in certain situations:
- Railroads – If warning signals were non-functional or vegetation obstructed visibility, the railroad may bear some liability. But the drunk driver still chose to disregard any dangerous conditions.
- Bars & Restaurants – In some states, businesses over-serving alcohol to visibly intoxicated patrons can be liable. But Washington has no “dram shop” laws assigning fault to vendors.
- Vehicle Passengers – Passengers likely won’t be liable unless they actively encouraged or assisted an obviously drunk driver. Failing to prevent drunk driving does not constitute negligence.
- Employers – If an employee causes a drunk driving accident while “in the course and scope” of their job, the employer may share liability. But commuting to and from work generally doesn’t qualify.
Apportioning liability in drunk driving rail collisions depends heavily on the individual circumstances of each case. But in Washington, the bulk of responsibility typically falls on the impaired driver who chose to recklessly endanger others by getting behind the wheel.
After a car accident at a Washington railroad crossing, it’s wise to consult an experienced personal injury attorney from Monge & Associates. We can advise if you have a valid legal claim, determine all liable parties, gather evidence, document damages, negotiate with insurers, file lawsuits if needed, and represent you in court.
We have offices in 32 locations and 19 states, including Washington, Mississippi, and Georgia.
Call now for a free consultation on (888) 477-0597 if you’ve been injured by a drunk driver.