How Does a Drunk Driving Lawsuit Work in California?

Hit by a drunk driver? You are not just dealing with injuries. You are dealing with medical bills, a wrecked car, missed work, and insurance adjusters who want to pay you as little as possible.

The good news is that the law is firmly on your side. A drunk driving lawsuit in California lets you recover compensation for everything the crash took from you. In many cases, you can also recover punitive damages on top of that.

Below, our drunk driving accident lawyer team explains how these cases work, step by step, in plain English.

Call 1-800-529-8255 for a free consultation. No Recovery. No Fees.

Why Are Drunk Driving Lawsuits Still So Common in California?

Despite decades of tougher DUI laws and stepped-up enforcement, alcohol still plays a role in roughly three in ten traffic deaths nationwide. California is no exception. Impaired driving rose during the pandemic and has been slow to come back down.

Bad habits are easy to form and hard to break. As long as people keep driving drunk, innocent drivers, passengers, cyclists, and pedestrians will keep getting hurt.

A drunk driving injury case generally moves through three phases:

• Getting you medical care and your life back on track
• Gathering the evidence that proves your full losses
• Proving the drunk driver is legally responsible

What Should You Do First After a Drunk Driving Accident?

Your recovery comes first. From day one, an experienced Los Angeles car accident attorney focuses on three things: your medical treatment, your vehicle, and the emotional toll of the crash.

Why Are Head Injuries So Often Missed?

Drunk driving crashes tend to happen at high speed. They often cause serious head trauma that does not show up right away:

• Severe traumatic brain injuries (TBI): Some victims feel fine at the scene. Allman Brothers bassist Berry Oakley walked away from a 1972 motorcycle crash and declined treatment. He died from a skull fracture hours later. Symptoms can be delayed, so never skip a medical exam.
• Mild traumatic brain injuries (concussions): A single concussion often heals, so some doctors downplay it. But a second concussion before the first has healed can cause lasting or even life-threatening damage.
• Post-traumatic stress disorder (PTSD): Early PTSD symptoms look a lot like a normal stress response. Normal stress fades on its own, while PTSD can linger for months or years without treatment.

Why Does It Matter Which Doctor You See?

You need a physician who focuses on accident injuries and documents them properly. Our attorneys work with trusted doctors who often treat on a lien basis. That means no money out of your pocket upfront. We have similar relationships with body shops, mechanics, and rental car companies.

Should You Let Your Health Insurance Pay Your Bills?

Many victims let their health insurance pay the bills and never call a lawyer. Injured passengers do this especially often, and it can be a costly mistake. Your health insurer will usually demand to be paid back out of any injury settlement. It will also never pay you for pain, suffering, or emotional distress. Only a personal injury claim can do that.

What Evidence Do You Need to Sue a Drunk Driver?

Time is of the essence. Evidence disappears fast: skid marks fade, surveillance video gets erased, and witnesses forget what they saw.

Typical evidence in a drunk driving case includes:

• The police accident report and DUI arrest records
• Breath or blood alcohol test results
• Witness statements and photos from the scene
• Surveillance, dashcam, or phone video
• Bar or restaurant receipts showing where the driver was drinking
• Your medical records and bills

The problem is that this evidence is often incomplete. Medical bills from the ER or a general doctor usually record only a diagnosis and treatment. They say nothing about the care you will need in the future or the emotional pain you are living with. If your evidence misses these losses, you could end up paying for future treatment yourself.

That is why we often bring in a medical expert to review your records, examine you, and document the full picture. Strong expert testimony is one of the best ways to maximize your settlement.

How Do You Prove a Drunk Driver Is Liable?

To win, you must show two things. First, the other driver was negligent, meaning they failed to use reasonable care. Second, that negligence caused your injuries.

In a civil case, you only need to prove this is more likely true than not. That is a much lower bar than in the driver’s criminal DUI case. Your civil case can move forward whether or not the driver is convicted.

Two legal theories usually apply.

What If the Driver Was Legally Drunk?

This is called negligence per se. It applies if the driver was arrested for DUI or had a blood alcohol content (BAC) of 0.08% or higher. Negligence is generally presumed when:

• The driver broke a safety law, such as California’s DUI law, and
• That violation caused your injury

What If the Driver Was Under the Legal Limit?

This is called ordinary negligence. Impairment starts with the first drink, not at 0.08%. Every driver has a duty to be alert and in control behind the wheel. A driver who drank and then caused a crash breached that duty, even if they were technically under the legal limit.

What If You Were Partly at Fault?

California follows a rule called pure comparative fault. Even if you were partially at fault, you can still recover compensation. Your award is reduced by your share of the blame.

What Compensation Can You Recover?

A drunk driving lawsuit can recover:

• Medical expenses, past and future
• Lost wages and lost earning capacity
• Vehicle repair or replacement
• Pain and suffering and emotional distress
• Loss of enjoyment of life
• Punitive damages

Can You Get Punitive Damages From a Drunk Driver?

Often, yes. Punitive damages are meant to punish the wrongdoer, not just repay the victim. California courts have long recognized that choosing to drive drunk can show a conscious disregard for the safety of others. If that is proven by clear and convincing evidence, the court can award punitive damages on top of your other compensation.

If you lost a loved one in a DUI crash, your family may also have a wrongful death claim. If the drunk driver had little or no insurance, your own uninsured motorist coverage may help fill the gap.

How Long Do You Have to Sue a Drunk Driver in California?

In California, you generally have two years from the date of the crash to file a personal injury lawsuit. If a government vehicle or a dangerous public road was involved, you may have as little as six months to file a claim. If you miss the deadline, you could lose your right to compensation forever.

Waiting also gives insurance companies time to build their defense, and crucial evidence can slip away.

Hurt by a Drunk Driver? Let Us Fight for You

You did nothing wrong, and you should not have to pay for someone else’s reckless choice.

For more than 20 years, the Law Offices of Eslamboly Hakim has fought for accident victims across Los Angeles, Orange County, Riverside, San Bernardino, and San Diego. We have recovered over $100 million for our clients. See our case results. We are available 24/7, and your consultation is always free.

Call 1-800-529-8255 or contact us online today. No Recovery. No Fees.