Wrongful Death and Drunk Driving Accidents in Washington, DC

A drunk driving accident can cause devastating injuries. In the most serious cases, a crash can take a person’s life. When a loved one dies because another driver chose to drive while impaired, the family may face more than grief. They may also face unexpected medical bills, funeral costs, lost income, and other financial challenges.

Washington, DC law allows families to pursue a wrongful death claim when a person’s death results from another person’s wrongful act, neglect, or default. A wrongful death claim can provide a way for eligible family members to seek compensation for losses caused by the death.

How Drunk Driving Can Lead to a Wrongful Death Claim

Alcohol can affect judgment, coordination, reaction time, and decision-making. An impaired driver may run a red light, drift into another lane, follow another vehicle too closely, or lose control of the vehicle.

These risks can become especially serious on busy Washington, DC streets. Drivers share the road with pedestrians, cyclists, motorcycles, buses, and other vehicles. A moment of poor judgment can have life-changing consequences.

Alcohol-impaired driving also remains a serious national safety issue. According to the National Highway Traffic Safety Administration, 11,904 people died in crashes involving alcohol-impaired drivers in 2024.

When an impaired driver causes a fatal crash, the surviving family may have grounds for a wrongful death claim. The available evidence can help establish whether the driver’s actions caused the death.

What Must Be Proven in a Wrongful Death Case?

A wrongful death claim requires evidence that connects the defendant’s conduct to the person’s death. In a drunk driving case, several types of evidence may help establish what happened.

Police reports can provide information about the crash, the driver’s actions, and any citations or arrests. Witness statements may also help explain what happened before and during the collision. Photos, traffic camera footage, and other video can provide additional evidence.

Evidence of alcohol impairment may also play an important role. This could include breath or blood test results, field sobriety test information, statements from witnesses, or other evidence gathered during the investigation.

The family may also need evidence of its financial losses. Employment records, financial documents, medical bills, and funeral expenses can help show how the death affected the surviving family members.

What Damages May Be Available?

The loss of a loved one can create both emotional and financial hardships. DC’s wrongful death law allows a claim for losses suffered by the deceased person’s spouse, domestic partner, and next of kin. The law also addresses reasonable expenses related to the person’s final illness and burial.

Depending on the circumstances, damages may include funeral and burial expenses, medical costs from the final injury, and other losses recognized under DC law.

A family may also lose the income and financial support the deceased person provided. The person may have contributed to household expenses, childcare, or other important needs. These losses can have a lasting effect on the family’s financial security.

Calculating these losses can become complicated. Families may need to consider both immediate expenses and the long-term impact of losing a loved one’s income and support.

What If the Drunk Driver Faces Criminal Charges?

A drunk driver may face criminal charges after a fatal crash. However, criminal charges and a wrongful death claim are separate legal matters.

A criminal case focuses on whether the government can prove that the driver committed a crime. A wrongful death claim focuses on the losses suffered by the surviving family because of the death.

The criminal investigation may provide important evidence for a civil claim. However, families do not necessarily need to wait for a criminal case to conclude before discussing their legal options.

How Long Do You Have to File a Wrongful Death Claim in DC?

Time limits can matter after a fatal accident. Under DC Code § 16-2702, a wrongful death action generally must be brought by the deceased person’s personal representative within two years after the person’s death.

Other deadlines or legal requirements may apply depending on the facts of the case. Families should also consider the importance of preserving evidence. Police reports, video footage, witness information, and other evidence may become harder to obtain as time passes.

For these reasons, families should consider discussing a potential wrongful death claim with an attorney as soon as they reasonably can.

Protecting Your Family’s Rights After a Fatal DUI Crash

No legal claim can undo the loss of someone you love. A wrongful death claim may, however, help a family address some of the financial losses caused by a fatal crash.

If your loved one died in a crash involving an impaired driver in Washington, DC, it is important to understand your legal options. An attorney can review the crash, examine available evidence, and explain whether your family may have grounds for a wrongful death claim.

Roeser Law Firm: Wrongful Death Lawyers

Our goal at the Roeser Law Firm is to help families who have lost a loved one to wrongful death obtain the compensation they deserve. Please call (202) 660-4070 for a free, no-obligation consultation. In addition to answering your questions, we can explain the process, advise you on whether to pursue litigation or represent you before the insurance company. For your convenience, you may also contact us online.