Drunk Driving Accidents

Drunk driving crashes are preventable, and the people they injure deserve full accountability. If you or a loved one was hurt by an impaired driver, California law allows you to recover compensation and, in some cases, punitive damages.

On this page: Criminal vs. civil · Punitive damages · Insurance · Bars and hosts · Deadlines · FAQ

Smith Trial Group represents people injured by drunk and drugged drivers throughout Orange County and Southern California. Our auto accident results include a $10 million jury verdict and a $1.7 million jury verdict. We handle these cases on contingency, so you pay no attorney fee unless we recover for you.

The Criminal Case and Your Civil Case

A DUI crash usually leads to two separate cases. The criminal case is brought by the district attorney to punish the driver. Your civil case is brought by you to recover compensation for your injuries. You do not need to wait for the criminal case to finish, and a conviction is not required to win a civil claim, although a conviction or guilty plea can be strong evidence.

In the criminal case, a judge can order restitution for some out-of-pocket losses, but restitution does not compensate for pain and suffering or future harm. The civil case is how injured people recover full compensation.

Compensation, Including Punitive Damages

Victims of drunk drivers can recover the same damages as in other car accident cases: medical expenses, lost wages and earning capacity, pain and suffering and emotional distress. In addition, California courts have recognized that driving while intoxicated can show a conscious disregard for the safety of others. In appropriate cases, that allows a jury to award punitive damages, which are meant to punish the driver and deter similar conduct.

Insurance and Uninsured Victims

The drunk driver’s liability insurance is usually the first source of recovery. When the driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage may apply.

California’s Proposition 213 normally prevents uninsured drivers from recovering pain and suffering damages. However, that rule does not apply when the at-fault driver was convicted of driving under the influence in connection with the crash. Uninsured victims of drunk drivers may therefore still recover full damages.

Can a Bar or Party Host Be Responsible?

California law generally protects bars, restaurants and social hosts from liability for serving alcohol to adults who later cause crashes. There are important exceptions, including when alcohol is furnished to an obviously intoxicated minor, or when a social host knowingly serves alcohol to a person under 21 at their home. The driver’s employer may also be responsible if the driver was working at the time. Each of these possibilities should be investigated.

Evidence in a DUI Crash Case

• Police reports, field sobriety and chemical test results
• The criminal case file, including any plea or conviction
• Receipts and video from bars or restaurants where the driver was served
• Witness statements and scene photos
• Vehicle data and accident reconstruction

Deadlines

California generally allows two years from the date of injury to file a personal injury lawsuit. If a government vehicle or a dangerous road condition is involved, a government claim is usually required within six months. When a DUI crash causes a death, families may have a wrongful death claim.

Related: car accidents, motorcycle accidents, pedestrian accidents, catastrophic injuries and What to Do After a Car Accident in California.

Frequently Asked Questions

Do I have to wait for the drunk driver’s criminal case to end?

No. Your civil claim is separate. It can proceed while the criminal case is pending, though evidence from the criminal case is often useful.

Can I get punitive damages from a drunk driver?

Possibly. California courts allow punitive damages in appropriate drunk driving cases because driving while intoxicated can show a conscious disregard for others’ safety.

Can I sue the bar that served the drunk driver?

Usually not in California, because state law generally protects alcohol providers. Exceptions exist, especially when alcohol was furnished to an obviously intoxicated minor.

I was uninsured. Can I still recover?

If the at-fault driver was convicted of DUI for the crash, California’s rule limiting uninsured drivers’ recovery does not apply, so you may still recover pain and suffering damages.

Related guides: What to do after a car accident · How much is my case worth?