TL;DR: Yes, you can sue a drunk driver for a DUI accident injury in California through a civil claim, even without a criminal conviction. Injured drivers, passengers, and pedestrians generally have 2 years to file a lawsuit, and missing that deadline can impact their right to sue for losses.
Highlights:
- Get medical care immediately and follow up if symptoms appear later.
- Request the police report and any field sobriety or BAC test documentation.
- Photograph vehicle damage, injuries, and the scene before repairs or cleanup.
- Track all crash costs, such as bills, missed work, prescriptions, and out-of-pocket expenses.
- Check for additional liable parties like employers, vehicle owners, or alcohol providers.
- Check whether your UM/UIM coverage applies if the drunk driver lacks enough insurance.
- Calendar the **2-year** filing deadline under **CCP 335.1** and act early.
Tip: Save original photos and videos, request nearby surveillance footage quickly, and stick to facts when speaking with insurers.
Table of Contents
Generally, you do not need to wait for a criminal driving under the influence (DUI) conviction to start the claims process. If the driver’s actions caused you harm, you can file a civil lawsuit to seek compensation for your injuries, lost wages, and pain and suffering.
In California, the criminal and civil systems operate separately. The state brings criminal charges to hold the driver accountable under the law. You bring a civil claim to recover what you have lost. Knowing how these two systems differ can help you understand your options and take the right next step.
Criminal DUI Charges Vs. Civil Injury Claims
California law prohibits driving under the influence of alcohol or drugs. If a drunk driver causes a crash that injures you, you may pursue a civil claim even if the driver also faces criminal DUI charges.
A DUI crash may involve two separate legal processes: a criminal case brought by the government and a civil injury claim pursued by the injured victim.
The Criminal Case
A prosecutor handles the criminal case and represents the government, not the injured person as a private attorney.
California prosecutors may bring different DUI charges under Vehicle Code §§ 23152 and 23153:
- Driving under the influence of alcohol, drugs, or both.
- Driving under the influence while committing an unlawful act or neglecting a legal duty in driving, when that conduct proximately causes bodily injury to another person.
The criminal case is meant to enforce the law and punish criminal conduct. A conviction may result in jail, fines, probation, and the suspension or restriction of the driver’s license.
Criminal restitution is different from a civil injury claim and generally does not include compensation for pain and suffering. You may need to file a separate civil claim to seek compensation beyond criminal restitution.
An injured person usually does not have to wait for the criminal case to end before pursuing a civil claim.
The Civil Personal Injury Claim
The purpose of a civil claim is to hold the driver financially responsible for injuries and losses caused by the crash.
California’s negligence per se rule may help an injured person prove negligence. Under Evidence Code § 669, violating a DUI law may create a legal presumption that the driver failed to use reasonable care. However, this does not create automatic liability. The injured person must still prove that the violation caused the injuries and that the other requirements of the rule are met.
Criminal and civil cases also use different standards of proof. In a criminal case, the government must prove guilt beyond a reasonable doubt. In a civil case, the injured person generally must show that the claim is more likely true than not.
Because the civil standard is lower, a driver who is found not guilty in criminal court may still be held responsible in civil court. A criminal conviction may also support the civil claim, although its exact effect depends on the type of conviction and the facts established.
To recover compensation, the injured person must provide proof connecting the driver’s conduct to the crash, injuries, and losses. DUI accident victim lawyers can help preserve evidence, document damages, and manage the civil claim while the criminal case is pending.
Establishing Fault In A DUI Accident Lawsuit
Suing a drunk driver starts with proving that their actions caused or contributed to your injuries. To prove negligence, your case must establish each of the following:
- Duty of Care: All drivers in California must drive safely and follow traffic laws.
- Breach of Duty: The driver did not fulfill their duty to drive safely by driving while impaired.
- Causation: The drunk driver’s actions must have caused your accident and your injuries.
- Damages: The accident caused actual harm, such as injuries, property damage, and pain and suffering.
California’s pure comparative negligence rule, from Li v. Yellow Cab Co., reduces your compensation by your share of fault. Under that rule, a finding of 20% fault on your part means you may still be eligible to recover up to 80% of your damages.
See a doctor right after the crash, even if you feel okay. Some crash-related symptoms may not appear or become noticeable until hours or days after the collision. Your doctor may refer you to a specialist or a chiropractor based on your injuries. Keep records of every doctor’s visit, diagnosis, and treatment.
Gather as much of the following evidence as you can:
- Police collision and DUI-investigation reports, including any available officer observations.
- Blood alcohol content (BAC) test results from the driver.
- Toxicology or lab reports, which are obtainable through appropriate records requests or discovery.
- Any DUI citation or conviction record.
- Statements from witnesses who saw the crash.
- Crash scene photos and vehicle damage.
- Medical records documenting accident-related injuries.
- Accident reconstruction reports or expert testimony.
Knowing what to do after a DUI accident is essential to protect your rights and preserve valuable evidence. Seeking legal counsel early, while evidence is still available, can help in building your case.
Who Else Can Be Held Liable For A Drunk Driving Crash?
The drunk driver is the main defendant (the party you are suing) in a DUI crash. The driver’s conduct and its role in causing the crash will be central to the claim. A criminal conviction may provide additional support. Other parties can also be held liable. This matters most when the driver who hit you has little or no insurance.
Other parties who may share responsibility include:
- Employers: If the driver was on the job when the crash happened, their employer may share liability. This is called vicarious liability, meaning the employer can be held responsible for harm the employee causes while working.
- Vehicle Owners: A vehicle owner may share liability if the driver used the vehicle with permission or if the owner negligently entrusted it to someone the owner knew was unfit to drive. The rules and liability limits depend on the legal theory.
- Bars and Social Hosts: California’s dram shop laws are narrow.
- A business may be liable if it serves alcohol to an obviously drunk minor, and that alcohol helps cause an accident involving injury or death.
- An adult may also be liable for giving alcohol at home to someone they know, or should know, is under 21. This may apply if the alcohol helps cause injuries, including injuries from a crash caused by the minor.
These exceptions usually do not apply when a business serves alcohol to an adult.
If the drunk driver has limited or no insurance coverage, your own uninsured motorist (UM) or underinsured motorist (UIM) coverage may help. Your California insurer must offer this coverage, though you can decline it in writing. Some at-fault drivers carry only minimum liability limits, which may not be enough to cover a seriously injured person’s losses.
Each responsible party may provide another potential source of insurance coverage or assets, although coverage is not guaranteed.
Compensation And Settlement Value For DUI Accidents
In California, victims can seek compensation for injuries and losses resulting from a crash. These may include economic and non-economic compensation. In rare accident cases, a court may also award punitive damages.
- Economic Damages: These cover losses with a clear dollar value. They include medical bills, future care costs, lost wages, and property damage.
- Non-Economic Damages: Compensation for losses that lack a clear monetary value. These may include pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: These are meant to punish the drunk driver, not simply compensate you. California courts may award them only if clear and convincing evidence proves oppression, fraud, or malice. In a DUI case, intoxication alone does not automatically establish punitive liability. The evidence must show circumstances supporting a finding of willful and conscious disregard for others’ safety.
If the crash was fatal, eligible relatives or the decedent’s personal representative may bring a wrongful death claim under California law. A wrongful death claim may include:
- Funeral expenses
- Burial costs
- Lost financial support
It’s important to note, however, that California law can restrict non-economic damages for uninsured owners and operators. The DUI exception for an uninsured vehicle owner applies only if the at-fault driver is convicted of DUI. A DUI accident victim lawyer can review your case and explain whether filing a lawsuit is a viable option.
The Deadline To File A DUI Accident Lawsuit
California generally allows two years to file a personal injury lawsuit, but some claims have shorter deadlines or rules that change when the period begins. Missing the filing deadline can permanently end your right to seek compensation.
California Code of Civil Procedure section 335.1 generally requires a personal injury lawsuit or a wrongful death action to be filed within two years. While narrow exceptions exist, relying on them is risky. Because some claims have shorter deadlines, such as government claims, do not assume that you always have a full two years to act.
The deadline matters for another reason beyond the filing date. Nearby surveillance footage may be overwritten within days or weeks, depending on the system, and witness memories fade quickly. An attorney can help you gather important evidence and file your claim within the legal deadline.
Frequently Asked Questions After A DUI Accident
A DUI accident comes with many questions. Some of these involve insurance and legal help. Understanding how they work can take some of the pressure off as you figure out your next steps. The answers below are meant to be clear and direct, so you know exactly where you stand.
Can Insurance Cover A Drunk Driver?
A drunk driver’s liability policy may cover an injured person’s compensatory damages. Intoxication alone does not necessarily cancel coverage. Payment depends on the policy, available limits, and the facts of the claim.
How Can A Drunk Driving Accident Attorney Help Me?
A drunk driving accident attorney in California can help you focus on your physical recovery while they handle the complexities of your case.
At Arash Law, our skilled car accident attorneys will:
- Investigate the incident and gather vital information to strengthen your case.
- Interview witnesses to uncover the truth.
- Work to file your accident claim.
- Negotiate with insurers to seek fair compensation for your injuries.
- Represent you in court if necessary.
At Arash Law, we’ve handled cases involving DUI drivers and other personal injury claims. Below are examples of cases we’ve helped our clients win.
- $17,900,000 — After extensive litigation, we secured a $17.9 million verdict for our clients against the County of LA. One client suffered a fractured tibia and a brain injury, while the other needed therapy for a sprained knee.
- $6,000,000 — A drunk driving incident resulted in a head-on collision, tragically killing our client’s wife. Despite defense challenges, we successfully obtained the maximum policy limits for our client.
- $8,800,000 — We held a speeding company van driver accountable for our client’s severe injuries. Key depositions changed the case direction, resulting in a significant and life-changing outcome for our client.
Disclaimer: The results mentioned above do not predict or guarantee similar outcomes in future cases. Each case is different, and its outcome depends on the specific circumstances.
When Do DUI Accidents Commonly Occur In California?
DUI-related accidents commonly occur at night and on weekends. According to the Safe Transportation Research & Education Center (SafeTREC) report, 47.6% of these crashes occurred between 9:00 p.m. and 3:00 a.m., with the peak period falling between midnight Saturday and 3:00 a.m. Sunday. Additionally, 43.4% of alcohol-impaired fatal crashes occurred on weekends.
Most available California crash data is based on alcohol-impaired fatal crashes, not all DUI crashes. Although it does not include every drug-impaired or non-fatal DUI incident, it serves as the most reliable publicly available benchmark for identifying when impaired-driving crashes commonly occur.
Understand Your Rights After A California Drunk Driving Accident
DUI accident claims are time-sensitive. Acting promptly gives your attorney the advantage of building a strong case early. At Arash Law, our attorneys help DUI accident victims across California seek compensation for their injuries and losses. That includes money for medical bills, lost income, pain and suffering, and other losses tied to the crash.
Our team at AK Law handles cases on a contingency fee basis. This payment arrangement means you owe no attorney’s fees unless we win your case. Our fee structure can also be discussed during your free, no-obligation consultation. Call (888) 488-1391 to get started.
