Hurt by a Drunk Driver in California? Your Rights as a Driver or Passenger
If you were injured by a drunk driver in California, you may pursue compensation whether you were driving, riding as a passenger or walking. Your civil injury claim is separate from any criminal DUI case. Viciti Law helps injured people in Los Angeles understand their rights, identify who may be responsible and meet the deadlines for pursuing a claim.
What rights do you have after a drunk driver hits you in California?
You have the right to hold the driver who caused the crash responsible through a civil claim. That right does not depend on the criminal case. You may seek medical costs, lost income, property damage, and pain and suffering. In some cases, you may also seek punitive damages.
Under Civil Code section 1714, everyone is responsible for injuries caused by a lack of ordinary care. Other people may share responsibility, too. For example, a second driver may have run a red light. Impaired driving is also one cause of head-on collisions in California, which raise their own fault questions. If someone you love died, certain family members may bring a wrongful death claim.
How is the criminal DUI case different from your injury claim?
The criminal case is the state’s case against the driver, and the prosecutor decides how it moves forward. Your injury claim belongs to you. The two cases also use different standards of proof. One seeks penalties for the driver, while the other seeks compensation for your losses.
Vehicle Code section 23152 makes impaired driving a crime. Vehicle Code section 23153 goes further. It applies when the impaired driver also breaks a traffic law or neglects a duty, injuring someone else.
A prosecutor must prove guilt beyond a reasonable doubt (Penal Code section 1096). Your civil claim uses a lower standard: more likely true than not (Evidence Code section 115). So a conviction or guilty plea may help, and the arrest report and test results may become evidence. Still, a dismissal or acquittal does not end your civil claim.
Can you claim punitive damages after a California DUI crash?
Sometimes. Punitive damages go beyond your actual losses and are meant to punish and deter. Under Civil Code section 3294, you must prove malice, oppression or fraud by clear and convincing evidence. California courts have recognized that drunk driving may meet that standard, depending on the facts.
In Taylor v. Superior Court (1979), the California Supreme Court addressed this question. It held that knowingly drinking until intoxicated, then driving, may show conscious disregard for the safety of others. Such disregard can support punitive damages, even without a prior history of drunk driving.
Still, punitive damages are never automatic, and the driver’s choices before the crash matter most. Drunk driving accident attorneys look for that evidence in police reports and court records.
What if you were a passenger in the drunk driver’s car?
Passengers may bring a claim against a driver who had been drinking, even a friend or relative. If another driver also contributed to the crash, a passenger may have a claim against that driver too. However, the defense may argue that a passenger who knew about the drinking shares some of the fault.
California follows pure comparative negligence, as the Supreme Court explained in Li v. Yellow Cab Co. (1975). If a jury finds a passenger partly at fault, that share reduces the damages but does not bar the claim. What the passenger knew, and what choices were realistic that night, both matter.
Can a bar or party host be responsible?
Usually not. California law treats drinking, rather than serving, as the legal cause of injuries an intoxicated person causes to others. Civil Code section 1714 protects social hosts. Business and Professions Code section 25602 also protects those who sell or serve alcohol, even to someone obviously intoxicated. The exceptions are narrow and involve minors.
- A licensed seller that sells, serves or gives alcohol to an obviously intoxicated minor may be responsible for resulting injuries. So may anyone who sells alcohol to that minor (Business and Professions Code section 25602.1).
- An adult who knowingly serves alcohol at home to someone under 21 may be responsible (Civil Code section 1714(d)).
These claims depend on who provided the alcohol, the recipient’s age and, where applicable, whether the recipient was obviously intoxicated. Drunk driving accident attorneys act quickly here, because businesses may not keep receipts, bar tabs and video for long.
What help is available through the criminal case?
If the driver is convicted, the court must generally order restitution for your economic losses under Penal Code section 1202.4. Those losses include medical bills, counseling, lost wages and damaged property. Separately, the California Victim Compensation Board may help with certain crime-related expenses. Neither one covers everything a civil claim can address.
Restitution comes from the driver, not the state, and it does not include pain and suffering for this kind of crime. Share a list of your losses with the prosecutor’s office early.
The California Victim Compensation Board (CalVCB) lists driving under the influence among the crimes it covers. It may help with medical and mental health treatment, lost income and funeral costs, among other expenses. However, CalVCB is a payer of last resort, so applicants must look to other sources first. Applicants generally must also cooperate with police and prosecutors.
When should you contact drunk driving accident attorneys in California?
Drunk driving accident attorneys can get involved soon after the crash, while evidence is still available. California generally allows two years from the injury to file a lawsuit (Code of Civil Procedure section 335.1). If a public entity may share fault, a written claim is due within six months (Government Code section 911.2).
For an injured child, the two years generally start at age 18 (Code of Civil Procedure section 352). That delay does not apply to the six-month public entity claim. An attorney can also request the CHP or police report and records from the criminal file.
If you need a car accident attorney in Los Angeles, Viciti Law reviews DUI crash claims from its Sherman Oaks office.
Frequently Asked Questions
Do I have to wait for the criminal case to finish?
No. Your civil claim is separate, and you can start it while the criminal case is open. The two-year deadline generally keeps running either way. Some steps in a civil case may slow down until the criminal case ends. For example, the driver may decline to answer questions. A lawyer can plan around that timing.
Can I file a claim after a Los Angeles DUI crash without an arrest?
Yes. An arrest or conviction is not required for a civil claim. You need to show that the driver was careless and that this caused your injuries. Witnesses, photos, video, bar receipts and the crash report can all help show impairment, even when no charge follows.
What if the drunk driver had no insurance?
You may still have options. Check whether your own auto policy includes uninsured motorist coverage (Insurance Code section 11580.2). If it does, that coverage may apply to injuries caused by an uninsured driver. The driver also remains personally responsible. In addition, criminal restitution and CalVCB may help with some economic losses.
How long do I have to file a drunk driving accident claim in California?
In most cases, you have two years from the injury to file a personal injury lawsuit. Families generally have two years from a death to file a wrongful death claim. Both deadlines come from Code of Civil Procedure section 335.1. If a public entity is involved, a written claim is due within six months, so confirm your deadline early.
Talk to Viciti Law About a Drunk Driving Crash
If a drunk driver injured you or someone you love, contact Viciti Law for a free consultation. A drunk driving accident lawyer at the firm can review the crash report and your deadlines with you.
Call (310) 919-5011 or visit the office in Sherman Oaks. The firm speaks English, Spanish and Russian, and it takes each and every case personally.
Past results do not guarantee a similar outcome. This article provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising.
