Pursuing Compensation After Being Injured by a Drunk Driver in California
A drunk driving accident can turn your life upside down in seconds. You may be dealing with serious injuries, mounting medical bills, missed work, and emotional trauma all because another driver chose to get behind the wheel intoxicated.
If you were hit by a drunk driver anywhere in the San Francisco Bay Area, you have powerful legal rights. You can hold the impaired driver accountable, pursue compensation for your losses, and in many cases, recover additional damages due to the reckless nature of drunk driving.
This guide explains exactly how to sue a drunk driver in California, what evidence matters most, how fault is proven, what compensation you may be entitled to, and how an experienced Bay Area personal injury lawyer can protect your rights every step of the way.
Step 1: Call the Police Immediately After the Crash
When a drunk driver causes a collision, involving law enforcement is essential. Police officers document key evidence that can make or break your case.
A police report may include:
- The driver’s behavior and impairment signs
- Field sobriety test results
- Preliminary alcohol screening (PAS) results
- Chemical test (blood or breath) results
- Witness statements
- The officer’s observations
- Whether the driver was arrested
This evidence strengthens your civil injury claim and creates a clear record of the drunk driver’s negligence.
Step 2: Gather Evidence at the Scene
If you’re able to safely do so, collect as much evidence as possible:
- Photos of all vehicles
- Damage to their car and yours
- Skid marks, debris, and accident scene conditions
- The drunk driver’s license plate
- Visible signs of impairment (open containers, slurred speech, stumbling)
- Witness names and contact information
In drunk driving cases, even small details can make a huge difference.
Step 3: Get Medical Care Immediately
Even if you think you’re “okay,” see a doctor right away. Car accident injuries, especially those involving high-speed crashes or reckless driving, often worsen over time.
Prompt medical treatment helps:
- Protect your health
- Document your injuries
- Strengthen your legal claim
- Prevent insurers from arguing you weren’t really hurt
Common injuries in drunk driving crashes include:
- Head injuries and concussions
- Whiplash
- Back and spinal injuries
- Broken bones
- Shoulder and knee injuries
- Soft-tissue damage
Your medical records serve as critical evidence when suing a drunk driver.
Step 4: Notify Your Insurance Company (But Be Careful What You Say)
You’re required to report the accident to your own insurance company but keep your statement brief and factual. Do not provide recorded statements. Avoid getting into lots of detail about the crash or your injuries if you intend to hire legal counsel, best to let them handle the insurance companies.
Insurance companies, including your own, may use your words against you later. Once you hire an attorney, they take over all communication, so you don’t accidentally damage your claim.
Step 5: Contact a Personal Injury Attorney Before Filing Anything
Suing a drunk driver in California involves complex steps, including:
- Establishing legal liability
- Asserting a claim for punitive damages against the drunk driver
- Collecting evidence of impairment
- Establishing and proving damages
- Negotiating with insurance carriers
- Filing a civil lawsuit if needed
An experienced personal injury attorney handles everything, ensures evidence is collected and preserved, and prevents insurance companies from minimizing your claim.
The Hassell Law Group has decades of experience handling drunk driving cases across San Francisco, Oakland, San Jose, Walnut Creek, Marin, the Peninsula, and beyond. They know how to aggressively pursue justice and compensation for victims.
Who Can I Sue After a Drunk Driving Accident in California?
Depending on the circumstances, you may have claims against:
- The Drunk Driver
This is the primary claim. The driver is liable for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Future treatment
- Long-term disability
- Emotional distress
- Punitive damages
Drunk driving is considered gross negligence, which often leads to higher compensation.
- The Bar, Restaurant, or Store (Limited Circumstances)
California’s dram shop laws are strict, but in very narrow situations, a business can be held liable – such as when they knowingly served alcohol to a minor.
- Employers (If the Drunk Driver Was Working)
If the intoxicated driver was:
- Driving a company car
- On a delivery
- On the clock
…their employer may be liable.
This can significantly increase the available insurance coverage.
How Do I Prove the Drunk Driver Was at Fault?
Your lawyer uses a combination of evidence to prove liability, such as:
- Police reports
- DUI arrest records
- BAC (blood alcohol content) results
- Field sobriety test results
- Video footage (dashcams, businesses, traffic cameras)
- Witness statements
- Accident reconstruction
- Cell phone records (in distracted/drunk combo cases)
Drunk driving cases typically have strong liability because alcohol impairment is a clear form of negligence.
Will the Drunk Driver Face Criminal Charges?
Possibly — but criminal charges are separate from your civil injury case.
- The driver may be charged with DUI or felony DUI
- Criminal penalties may include jail, fines, probation, license suspension and restitution
Regardless of the criminal outcome, you still have the right to sue for compensation.
A criminal case punishes the wrongdoer. A civil case compensates you for your injuries and losses.
What Compensation Can I Recover in a Drunk Driving Lawsuit?
Drunk driving victims may be entitled to significant damages, including:
Economic Damages
- Emergency room bills
- Diagnostic tests (CT scans, MRIs, X-rays)
- Physical therapy and follow-ups
- Prescription medications
- Chiropractic treatment
- Lost wages
- Loss of earning capacity
- Property damage
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Anxiety and trauma
- Loss of enjoyment of life
- Permanent disability
- Scarring or disfigurement
Possible Punitive Damages
Drunk driving is especially reckless, and California allows punitive damages in these cases. These damages punish the driver and deter similar behavior.
Punitive damages often increase the total case value substantially.
Do I Need to File a Lawsuit, or Will Insurance Pay?
Many drunk driving cases settle outside of court, after your attorney builds a strong case.
However, you may need to file a lawsuit if:
- The insurer disputes liability
- The insurance company offers too little
- The drunk driver has no or limited coverage
- Substantial financial damages were incurred
- Serious injuries are involved
The stronger your legal representation, the more serious insurers take your claim.
How Long Do I Have to Sue a Drunk Driver in California?
The California statute of limitations for personal injury is:
➤ Two years from the date of the crash
However, certain situations can shorten or extend the deadline.
Waiting too long can completely eliminate your right to compensation, so contacting an attorney early is crucial, especially in these cases.
Why You Should Not Handle a Drunk Driving Case Alone
Insurance companies often try to:
- Blame you claiming you caused or contributed to the crash
- Deny or minimize your injuries
- Dispute medical treatment
- Pressure you into a low settlement
- Downplay DUI evidence
- Deny punitive damages
An experienced personal injury attorney protects you, handles all communication, and fights aggressively for full compensation.
The Hassell Law Group: Trusted Drunk Driving Accident Lawyers in the Bay Area
The Hassell Law Group has successfully represented drunk driving victims across the Bay Area for decades.
Clients choose the firm because of its:
- Award-winning legal team
- Decades of experience
- Consistent multi-million-dollar case results
- Outstanding reputation
- Personalized support
- Relentless pursuit of justice
When you’re hit by a drunk driver, you deserve a law firm that will fight for you from day one.
If you were injured by a drunk driver anywhere in the San Francisco Bay Area, don’t wait. Evidence fades quickly, and insurance companies act fast to protect themselves – not you.
Contact The Hassell Law Group today for a free, no-obligation consultation. You pay no fees unless we win your case. Call now to get the justice and compensation you deserve.
We offer California Drunk Driving Accident Victims a Free Consultation, and there are No Attorney’s Fees Unless We Recover Compensation For You
At The Hassell Law Group, our legal team are experts in car accident law and personal injury law with over 100 years of combined legal experience, and experience matters. We stand up to aggressive insurance companies and have a history of obtaining award-winning results for our clients. We fight every step of the way to achieve the best possible outcome for our clients. We work on a contingency fee basis, which means there is no financial risk in hiring our law firm. Contact us today to schedule a free consultation and case evaluation. We welcome your questions, and our legal team looks forward to helping you obtain just and proper compensation for your personal injury claim.
The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
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