Drunk Driving Accidents
A subtype of Motor Vehicle Accidents
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About Drunk Driving Accidents
Drunk-driving crashes are among the most preventable — and most devastating — motor vehicle accidents in California. If you were hit by an impaired driver, you may have a civil claim for your injuries that is entirely separate from any criminal case the state brings against the driver. California's comparative negligence rule still applies, and a drunk driver's illegal conduct often weighs heavily in establishing fault. In some cases, a business that over-served a clearly intoxicated minor may also share responsibility. Recoverable damages can include medical care, lost wages, and pain and suffering, and in egregious cases, punitive damages. Acting promptly helps preserve key evidence.
What insurance companies won't tell you
The first offer is usually low
Adjusters' first offers are often on the low side, and many people accept without knowing. Before you sign anything, it's worth hearing a lawyer out.
Your calls may be recorded
Anything you say to the insurance company can be recorded and affect your claim. Once you have a lawyer, the insurer generally has to communicate with your lawyer instead.
Delay is a common tactic
Medical bills keep growing while they wait for you to get anxious. A lawyer keeps following up and applying pressure so your claim doesn't stall.
What to do right now
Don't talk to the other driver's insurance alone
The other side's adjuster aims to pay as little as possible. Until you have a lawyer, you don't have to give a recorded statement or sign anything.
Photograph everything at the scene with your phone
Vehicles, road conditions, injuries, the other driver's plate and insurance — photos and video are the strongest evidence.
See a doctor soon, even if you feel fine
Injuries can show up days later, and timely medical records matter a great deal to your claim.
Keep every receipt and report
Medical bills, the police report, proof of missed work — every document can affect your compensation.
Talk to a lawyer as early as you can
The earlier a lawyer gets involved, the more completely the evidence is preserved. The consultation is free.
Your call is answered directly by the named member-attorney team — never sold to third parties.
Frequently asked questions
How is being hit by a drunk driver different from an ordinary crash?
One big addition: punitive damages. California case law allows punitive damages against drunk drivers — an award beyond compensation, meant to punish. Note that punitive damages are generally not covered by insurance and come from the driver personally, so collecting depends on their assets.
The driver is being criminally prosecuted — do I still need a civil claim?
Yes. The criminal DUI case and your civil claim are separate tracks. A conviction is powerful evidence in your civil case, and courts may order restitution — but that rarely covers your full losses. The civil claim is your main remedy.
Will the drunk driver's insurance pay?
For compensatory losses, yes — medical bills, lost wages, and pain and suffering are paid within policy limits; a DUI doesn't void the policy. Punitive damages, however, are generally uninsurable. If the driver is uninsured or underinsured, your own UM/UIM applies.
Do I have to wait for the criminal case to finish?
No — and you shouldn't. Your civil deadline (generally 2 years) keeps running. The two cases typically proceed in parallel: blood-test results and the conviction become evidence in your civil claim. Starting early also preserves evidence and witness memory.
General information, not legal advice.
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