Slip and Fall Injury

California Slip and Fall Attorneys | Injury Lawyers

When it comes to automotive accidents, drunk driving crashes are among the most serious and legally consequential types of personal injury cases in California. Driving under the influence (DUI) of alcohol or drugs significantly increases the risk of catastrophic injury or death, and innocent victims are often harmed through no fault of their own.

Under California Vehicle Code § 23152(b), a driver with a blood alcohol concentration (BAC) of 0.08% or higher is legally considered intoxicated if they are age 21 or older. This 0.08% BAC threshold is the statutory standard for DUI in California.

Because California law imposes strict accountability on impaired drivers, liability in drunk driving accident injury cases is often clear once intoxication is established. A driver who causes a crash while under the influence may be held civilly liable for:

• Medical expenses
  
• Lost wages
  
• Property damage
  
• Pain and suffering
  
• Wrongful death damages in fatal cases
  

In addition to civil liability, DUI offenses typically result in criminal prosecution by the State of California. However, criminal charges do not compensate victims directly.

Civil Claims Are Separate from Criminal DUI Cases

If you or a loved one has been injured in a drunk driving accident, pursuing a civil personal injury claim is legally separate from any criminal DUI case.

Criminal court focuses on punishment, including fines, license suspension, probation, and possible incarceration. A civil lawsuit focuses on financial compensation for the injured victim.

Victims of DUI accidents in California may recover compensation for:

• Property damage
  
• Medical bills (past and future)
  
• Rehabilitation costs
  
• Lost income
  
• Diminished earning capacity
  
• Emotional distress
  
• Pain and suffering
  
• Wrongful death damages
  

In wrongful death cases, surviving family members may recover funeral expenses, medical bills incurred before death, and compensation for the loss of financial support and companionship.

Under California Code of Civil Procedure § 377.60, a deceased victim’s spouse, children, or qualifying family members may bring a wrongful death claim.

Punitive Damages in Drunk Driving Accident Cases

In cases involving especially reckless or egregious misconduct, punitive damages may be available under California Civil Code § 3294.

Punitive damages are not meant to compensate the victim. Instead, they are intended to punish wrongful conduct and deter similar behavior in the future.

California courts have recognized that driving while intoxicated can constitute “malice” under Civil Code § 3294 when the driver consciously disregards the safety of others. This means punitive damages may be awarded in addition to compensatory damages in qualifying cases.

Underage DUI: California’s Zero Tolerance Policy

If a driver is under the age of 21, California applies a stricter “zero tolerance” standard.

Under Vehicle Code § 23136, a BAC of 0.01% or higher may trigger DUI penalties for underage drivers. This is substantially lower than the 0.08% limit for drivers 21 and older.

Additionally, driving under the influence of drugs — including prescription medications, over-the-counter substances, or illegal drugs — may also result in DUI liability. California law focuses on impairment, not just alcohol concentration.

A driver can be legally intoxicated even if their BAC is below 0.08% if impairment is proven.

Proving Liability in a California Drunk Driving Accident

To recover compensation, the injured party must prove:

1. The driver was intoxicated or impaired
   
2. The driver acted negligently
   
3. The negligence caused the accident
   
4. The accident caused measurable damages
   

Evidence in DUI accident cases may include:

• Police reports
  
• BAC test results
  
• Field sobriety test records
  
• Dashcam or surveillance footage
  
• Witness testimony
  
• Expert accident reconstruction analysis
  

When impairment is documented, establishing negligence is often more straightforward than in standard motor vehicle accident cases.

Insurance Companies and DUI Accident Claims

Insurance companies frequently attempt to resolve drunk driving accident claims quickly and for minimal compensation. Early settlement offers often fail to account for:

• Future medical treatment
  
• Long-term rehabilitation needs
  
• Permanent disability
  
• Lost earning capacity
  
• Non-economic damages
  

A comprehensive claim evaluation should include both current and projected future losses.

Statute of Limitations for DUI Injury Claims in California

Under California Code of Civil Procedure § 335.1, the statute of limitations for most personal injury claims, including drunk driving accidents, is two years from the date of the injury.

For property damage claims, the statute of limitations is generally three years.

Failing to file within the statutory deadline may permanently bar recovery.

Legal Representation After a Drunk Driving Accident

Our experienced litigation team has more than 65 years of collective legal experience serving clients in Los Angeles and throughout California. We handle personal injury, motor vehicle accidents, and drunk driving injury cases with a focus on maximizing financial recovery.

We work on a contingency fee basis, meaning you do not pay attorney’s fees unless compensation is recovered.

If a fair settlement cannot be reached, we are prepared to litigate your case in court.

Located in Los Angeles, we serve clients throughout the State of California.

Contact our office by email or call (818) 661-2420 to schedule a free initial consultation.