The short answer
If a drunk or impaired driver injured you in California, you can pursue compensation for medical bills, lost wages, and pain and suffering—and potentially punitive damages. A criminal DUI conviction is strong evidence in your civil claim. Preserve police records and contact a lawyer promptly.
Being hit by an impaired driver is not an accident in any ordinary sense. It is the result of someone choosing to drive after drinking or using drugs. In Los Angeles, these crashes happen on freeways late at night, near bars and restaurants in areas like Hollywood, West Hollywood, and downtown, and on the long boulevards that connect them. The injuries are often severe because impaired drivers tend to be speeding, drifting, or failing to brake at all.
You have two separate legal tracks after a DUI crash. The criminal case is brought by the prosecutor and focuses on punishing the driver. Your civil claim focuses on compensating you. The two can inform each other: police reports, chemical test results, and a conviction or plea can be powerful evidence in your civil case. But the criminal process does not pay your medical bills, and you do not need to wait for it to finish before pursuing your claim.
When our founding attorneys defended insurers, we saw that DUI files are treated differently. Carriers worry about juries and about punitive damages, which insurance policies in California generally do not cover. That creates pressure points that can be used on your behalf. We also look beyond the driver for other coverage, including your own underinsured motorist coverage and, in narrow circumstances, other parties connected to the driver's drinking.
Your consultation is free, and you pay no attorney's fee unless we recover compensation for you. If an impaired driver hurt you or a family member in Los Angeles, call us to discuss your options.
From the other side of the table
How the insurer's adjuster sees a DUI claim
Liability is conceded, damages are not
Insurers often admit fault quickly in DUI cases to keep attention off the driver's conduct, then fight hard on the extent of your injuries. We build the damages side of your claim as carefully as if fault were in dispute.
Punitive exposure falls on the driver, not the policy
California public policy generally bars insurers from paying punitive damages for their insured. That means the driver has personal exposure, which can affect how the defense approaches settlement within policy limits.
Minimum limits and the policy-limits problem
Many impaired drivers carry low liability limits. We identify the available coverage early, pursue a policy-limits demand when appropriate, and look to your underinsured motorist coverage for the rest.
Waiting on the criminal case
Adjusters sometimes stall while the criminal case proceeds. We obtain police reports, test results, and court records as they become available and keep your civil claim moving.
Why it happens
Common causes
Drinking at bars and restaurants
Crashes cluster around nightlife districts on the Sunset Strip, Hollywood Boulevard, downtown, and Venice, particularly between late evening and early morning.
Wrong-way freeway driving
Impaired drivers sometimes enter freeway off-ramps going the wrong direction, causing head-on collisions on routes like the 110, the 405, and the 60.
Cannabis and prescription drug impairment
Driving under the influence is not limited to alcohol. Marijuana, sleep aids, opioids, and other medications can impair a driver just as dangerously.
Holiday and event traffic
Holidays, sporting events at SoFi Stadium, Crypto.com Arena, and Dodger Stadium, and large concerts can bring more impaired drivers onto the road.
Speeding and red-light running
Alcohol reduces inhibition and reaction time, so impaired drivers often speed through intersections and fail to stop for signals.
Repeat offenders
Some drivers continue driving despite prior DUI arrests or license suspensions, which can be relevant to punitive damages.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Economic losses
Medical bills, rehabilitation, future care, lost wages, lost earning capacity, and property damage.
Non-economic losses
Pain, suffering, emotional distress, disfigurement, and loss of enjoyment of life.
Punitive damages
California law allows punitive damages when a defendant acted with malice, and courts have recognized that deciding to drive while intoxicated can meet that standard in appropriate cases.
Wrongful death damages
When a DUI crash takes a life, eligible family members may recover for the loss of love, companionship, support, and funeral expenses.
Underinsured motorist benefits
If the impaired driver's coverage is too low, your own underinsured motorist coverage may make up part of the difference.
The rules that apply
California law you should know
Driving under the influence is illegal
It is unlawful to drive under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more. A violation can support a finding of negligence in your civil case.
Vehicle Code § 23152
Punitive damages
Punitive damages may be awarded when clear and convincing evidence shows a defendant acted with malice, oppression, or fraud.
Civil Code § 3294
Drunk driving can support punitive damages
The California Supreme Court held that a driver's decision to drink and drive, with knowledge of the dangers, can support a claim for punitive damages.
Taylor v. Superior Court (1979) 24 Cal.3d 890
Limited liability for serving alcohol
California generally shields people who serve or furnish alcohol from liability for injuries caused by an intoxicated adult, with narrow exceptions such as furnishing alcohol to an obviously intoxicated minor.
Civil Code § 1714
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- The police report and arrest report number
- Photos of the scene, vehicles, and any open containers
- Names and contact information for witnesses and responding officers
- Receipts or information about where the driver was drinking, if known
- Records from the criminal case, including charges and any plea or conviction
- Medical records, imaging, and hospital bills
- Your insurance declarations page showing underinsured motorist coverage
- Records of lost income and missed work
Mistakes insurers count on
- Waiting for the criminal case to end before protecting your civil claim
- Assuming the criminal court's restitution order will cover your losses
- Accepting a policy-limits payment without checking underinsured motorist rules
- Speaking with the driver or their family about the crash
- Overlooking other potentially responsible parties or coverage
Step by step
How we handle your case
- 1
Free consultation
We review what happened, the injuries involved, and any information you have about the criminal case.
- 2
Gather the criminal record
We obtain police reports, chemical test results, and court filings, and we monitor the criminal case for pleas or convictions.
- 3
Identify all coverage
We confirm the driver's liability limits, look for other vehicle owners or employers who may be responsible, and review your underinsured motorist coverage.
- 4
Evaluate punitive damages and other parties
We assess whether the facts support a punitive damages claim and whether anyone else, such as someone who served alcohol to a minor, may share responsibility.
- 5
Negotiate or file suit
We press for a fair resolution, and when needed we file suit and pursue the case in court.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Straight answers
Frequently asked questions
Yes. You can bring a civil claim for your injuries regardless of whether the driver is convicted in criminal court. The civil case uses a lower burden of proof, and evidence from the criminal case, such as blood alcohol results or a guilty plea, can be very helpful. Your civil claim can proceed on its own timeline, subject to the two-year filing deadline.
Vehicle Accidents