Many people believe that once police arrest a drunk driver, the justice system will make things right. In one important way, it won’t. The criminal case belongs to the State of California, and its purpose is to punish the driver. It does not pay your hospital bills, replace your paycheck, or account for the pain you and your family now carry.
That part depends on a separate civil claim. And you control it.
At Deldar, our California drunk driving accident lawyers represent people injured by impaired drivers in Los Angeles and communities across the state. We can review what happened, explain your rights in plain language, and help you decide what to do next. Your consultation is free, and you pay no attorney’s fees unless we recover compensation for you.
Call (844) 335-3271 or request your free consultation today.
Why a Drunk Driving Crash Is Different From Other Car Accidents
Most car accident claims turn on a basic question: did someone fail to use reasonable care, and did that failure cause your injuries? Drunk driving cases start from a stronger position. California’s Vehicle Code prohibits driving under the influence of alcohol and driving with a blood alcohol concentration (BAC) of 0.08% or higher (Vehicle Code section 23152). When a DUI causes injury to someone else, the driver may also face charges under Vehicle Code section 23153.
When a driver violates a safety law and causes the kind of harm that law exists to prevent, California civil courts can presume the driver acted negligently. That presumption can make it easier to establish fault.
It does not settle your case for you.
Insurance companies still dispute how badly you were hurt, question your medical treatment, and push for a fast, low settlement. And a BAC under 0.08% does not mean the driver was safe. According to NHTSA, 2,028 people died in 2024 in crashes where a driver had a BAC between .01 and .07 g/dL. Officer observations, witness accounts, video footage, and toxicology results can show impairment even without a high reading.
Drunk Driving by the Numbers
| Statistic | Figure |
|---|---|
| People killed in alcohol-impaired-driving crashes in the U.S. (2024) | 11,904 |
| Share of all U.S. traffic deaths in alcohol-impaired-driving crashes (2024) | 30% |
| How often an alcohol-impaired-driving death occurred (2024) | About once every 44 minutes |
| People killed in alcohol-impaired-driving crashes in California (2024) | 1,311 |
Source: National Highway Traffic Safety Administration, Drunk Driving and Traffic Safety Facts: Alcohol-Impaired Driving, 2024 Data.
In 2024, only Texas recorded more alcohol-impaired-driving deaths than California.
Criminal DUI Case vs. Your Civil Injury Claim
Many injured people wait for the criminal case to end before they speak with a lawyer. That delay can hurt you, because the two cases move on separate tracks with separate rules and separate deadlines.
| Criminal DUI Case | Civil Injury Claim | |
|---|---|---|
| Who brings it | The district attorney, on behalf of the State | You, or your family in a wrongful death case |
| Purpose | Punish the driver through jail, fines, and license consequences | Compensate you for your losses |
| Burden of proof | Beyond a reasonable doubt | Generally, more likely than not (a preponderance of the evidence) |
| Who makes the decisions | The prosecutor | You, with your attorney’s guidance |
| What you may receive | Possible restitution for certain economic losses | Economic and non-economic damages, and in some cases punitive damages |
| Is a conviction required? | A conviction is the goal of the case | No, although a conviction can strengthen your claim |
The drunk driver does not need to be convicted, or even charged, for you to pursue a civil claim.
What to Do After a Drunk Driving Accident in California
The hours after a crash feel chaotic. If you are able, these steps can protect both your health and your legal rights.
- Call 911 and get medical care. Some serious injuries, including brain injuries and internal bleeding, may not cause obvious symptoms right away. A prompt medical exam also creates a record that links your injuries to the crash.
- Tell the responding officers what you observed. If you noticed the smell of alcohol, slurred speech, open containers, or erratic driving, say so. Officers decide whether to conduct sobriety or chemical testing, and your observations can help.
- Document the scene if you can do so safely. Take photos of the vehicles, license plates, road conditions, and your injuries. Collect names and phone numbers from any witnesses.
- Write down anything you learn about where the driver was drinking. A receipt, a wristband, or a comment about a bar or party may matter later, especially if the driver was under 21.
- Get the police report number. Your attorney can use it to request the report and related records.
- Be careful with the other driver’s insurance company. You generally have no obligation to give the at-fault driver’s insurer a recorded statement. Notify your own insurer promptly, since most policies require it.
- Keep every bill, receipt, and pay stub. Track missed workdays, mileage to appointments, and any help you need at home.
- Stay off social media about the crash. Insurers review public posts and may use them out of context.
- Speak with a drunk driving accident lawyer early. Surveillance footage and other evidence can be erased on routine schedules, and early action helps preserve it.
Who Can Be Held Responsible?
The impaired driver is usually the main party responsible. Depending on the facts, others may share legal responsibility, which can open additional sources of insurance coverage.
- The driver’s employer. If the driver was working at the time of the crash, the employer may be liable.
- The vehicle’s owner. In limited circumstances, the owner of the car may bear some responsibility.
- A government agency. If a dangerous road condition contributed to the crash, a public entity may share fault. These claims carry much shorter deadlines.
- Someone who furnished alcohol to a minor. California’s narrow dram shop exceptions apply here, as explained below.
Can You Sue the Bar That Served the Drunk Driver?
California’s dram shop rules are far narrower than many people expect. Under Civil Code section 1714 and Business and Professions Code section 25602, bars, restaurants, liquor stores, and social hosts are generally immune from liability for injuries caused by an adult they served. That immunity typically applies even if the adult was obviously drunk.
There are important exceptions involving people under 21:
- Selling or furnishing alcohol to an obviously intoxicated minor. Business and Professions Code section 25602.1 allows a claim against a licensed alcohol seller, or a person who sells alcohol, that furnishes alcohol to an obviously intoxicated minor when that act is a cause of the injury or death.
- Adults who knowingly serve minors at home. Civil Code section 1714 also allows a claim against an adult who knowingly furnishes alcohol at their residence to someone they knew, or should have known, was under 21.
These cases depend heavily on the facts. An attorney can investigate where the driver was drinking and whether either exception may apply.
Compensation You May Be Able to Recover
Every case is different, and no lawyer can predict the value of a claim before investigating it. Depending on your injuries and the evidence, you may be entitled to compensation for the following.
Economic Damages
- Medical expenses, including emergency care, surgery, hospitalization, rehabilitation, medication, and future treatment your doctors anticipate.
- Lost wages and reduced earning capacity, if your injuries kept you from working or limit the work you can do in the future.
- Property damage, including repair or replacement of your vehicle and other belongings.
- Out-of-pocket costs, such as travel to appointments, in-home care, and home or vehicle modifications.
Non-Economic Damages
- Pain and suffering, both physical and emotional.
- Emotional distress, including anxiety, sleep problems, and post-traumatic stress.
- Disfigurement and loss of enjoyment of life when injuries change how you live day to day.
Wrongful Death Damages
If a drunk driver took the life of someone you love, certain family members may bring a wrongful death claim. Recoverable damages can include funeral and burial expenses, the financial support your loved one would have provided, and the loss of their love, companionship, and guidance.
Punitive Damages in California DUI Cases
California is one of the states where a drunk driver may face punitive damages, which aim to punish especially harmful conduct rather than compensate you for a loss. In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supreme Court held that driving while intoxicated may amount to “malice” under Civil Code section 3294 when the circumstances show a conscious disregard of the probable dangerous consequences.
Punitive damages are not automatic. You must prove the required conduct by clear and convincing evidence, a higher standard than in the rest of your civil case. The driver’s history and the specific circumstances of the crash often matter. An attorney can evaluate whether the facts of your case may support this type of claim.
What If the Drunk Driver Has Little or No Insurance?
This happens more often than people expect. Even so, you may have other options.
- Your own uninsured or underinsured motorist (UM/UIM) coverage may pay when the at-fault driver’s policy falls short or doesn’t exist.
- The California Victim Compensation Board (CalVCB) helps eligible crime victims, including victims of DUI crashes, with certain expenses such as medical bills, counseling, lost income, and funeral costs. CalVCB acts as a payer of last resort and does not cover pain and suffering. Filing deadlines and eligibility rules apply. Learn more at victims.ca.gov.
- Criminal restitution may cover certain economic losses if the driver is convicted.
- The driver’s personal assets may be another source of recovery in some cases.
If You Were Uninsured at the Time of the Crash
California’s Proposition 213, now Civil Code section 3333.4, generally prevents uninsured vehicle owners from recovering non-economic damages such as pain and suffering. The law contains an important exception for drunk driving victims.
If you owned an uninsured vehicle and were injured by a driver who was convicted of DUI under Vehicle Code section 23152 or 23153 for that crash, Proposition 213 does not bar you from recovering non-economic damages.
The conviction must be for that DUI offense. A plea to a different charge may not qualify, which is one reason the outcome of the criminal case can matter to your civil claim.
How Long Do You Have to File a Drunk Driving Accident Claim?
California sets strict deadlines, called statutes of limitations. Common deadlines include:
- Personal injury lawsuits: generally two years from the date of the injury (Code of Civil Procedure section 335.1).
- Wrongful death lawsuits: generally two years from the date of death.
- Property damage lawsuits: generally three years (Code of Civil Procedure section 338).
- Claims against a city, county, or state agency: a written government claim generally must be presented within six months (Government Code section 911.2).
Exceptions can shorten or extend these periods, and the criminal case usually does not pause your civil deadline.
Missing a deadline can permanently end your right to compensation.
An attorney can review your situation and confirm which deadlines apply to you.
Frequently Asked Questions About California Drunk Driving Accidents
Can I file a claim if the drunk driver was never arrested or charged?
Yes. A civil claim does not depend on criminal charges. Evidence such as the police report, witness statements, receipts, video footage, and medical records can help show that the driver was impaired and caused your injuries.
Do I have to wait for the criminal case to end before filing a claim?
No. Your civil claim follows its own timeline, and your filing deadline generally keeps running while the criminal case moves forward. Your attorney can advise you on timing, including how the criminal outcome may affect certain parts of your claim.
I feel fine after the crash. Should I still see a doctor?
Yes. Adrenaline can mask pain, and symptoms of concussions, whiplash, and internal injuries sometimes appear hours or days later. A prompt medical evaluation protects your health and documents the connection between the crash and your injuries.
What if the insurance company says I was partly at fault?
California follows a comparative fault system. If you share some responsibility for a crash, you may still recover compensation, although the amount is reduced by your percentage of fault. Insurers sometimes exaggerate a victim’s share of blame to lower a payout, so evidence matters.
I was a passenger in the drunk driver’s car. Can I still recover compensation?
Possibly. Passengers injured by an impaired driver, including a friend or family member, may have a claim against that driver’s insurance. Your own coverage may also apply. An attorney can review the policies involved.
How much does it cost to hire a drunk driving accident lawyer?
Deldar handles drunk driving accident cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you.
Talk With a California Drunk Driving Accident Lawyer at Deldar
A drunk driving crash can upend your health, your income, and your sense of safety on the road. You should not have to fight an insurance company while you are trying to heal.
When you work with Deldar, our team can:
- Investigate the crash and request police reports, toxicology results, and other records.
- Preserve evidence such as surveillance video and witness statements before it disappears.
- Identify every potential source of coverage, including your own UM/UIM policy.
- Handle communication with insurance adjusters so you can focus on recovery.
- Document the full impact of your injuries with input from medical and financial professionals.
- Prepare your case for trial if a fair settlement is not offered.
Deldar serves clients throughout California, including Los Angeles, San Diego, Irvine, Riverside, Sacramento, and San Francisco. We also handle related claims involving pedestrian accidents, bicycle accidents, and Uber and Lyft accidents.
Call (844) 335-3271 or contact us online to schedule your free consultation with a California drunk driving accident lawyer.
This page provides general information about California law and is not legal advice. Reading it or contacting our firm does not create an attorney-client relationship.
