California Drunk Driving Accident Victim Lawyers

Often, yes. California law allows punitive damages where a defendant acted with malice, oppression, or a conscious disregard for the safety of others. California courts have long recognized that driving while intoxicated can meet that standard. Punitive damages are meant to punish the drunk driver and are awarded in addition to compensation for your actual losses.

California generally limits these 'dram shop' claims. Under state law, the consumption of alcohol, not the serving of it, is usually treated as the cause of injury, so businesses and social hosts are typically immune from liability. A narrow exception exists for serving alcohol to an obviously intoxicated minor. Because these rules are strict, it is important to have an attorney evaluate whether any exception applies to your case.

They are separate proceedings. A criminal DUI prosecution is brought by the state to punish the driver, while your civil claim seeks compensation for your injuries. A DUI conviction can be strong evidence in your civil case, but you do not need to wait for the criminal case to conclude to pursue your own claim.

You generally have two years from the date of the crash to file a personal injury lawsuit in California under Code of Civil Procedure section 335.1. If a loved one was killed, a wrongful death claim also carries a two-year deadline. It is best to consult an attorney promptly to preserve evidence and protect your rights.

If the at-fault driver lacks adequate insurance, your own uninsured/underinsured motorist (UM/UIM) coverage may provide compensation. We help identify every available source of recovery, including the driver's own assets and any applicable insurance policies.