San Francisco Drunk Driving Accident Lawyers

Being injured by a drunk driver is different from being involved in an ordinary car accident. The crash was preventable. Someone made the decision to drive while impaired, putting everyone on the road at risk. For victims and their families, that decision can result in catastrophic injuries, medical bills, lost income, permanent disability, or even the loss of someone they love.

The San Francisco drunk driving accident lawyers at The Hassell Law Group represent people seriously injured by alcohol- and drug-impaired drivers throughout San Francisco and the Bay Area. Our attorneys have more than 90 years of combined personal injury experience and prepare serious accident cases with the evidence, resources, and trial readiness necessary to pursue maximum compensation.

Drunk driving accident cases can involve issues that do not arise in ordinary collisions, including BAC and toxicology evidence, a parallel criminal prosecution, potential punitive damages, and questions about additional sources of insurance or liability.

If you or a loved one was injured by an impaired driver, contact The Hassell Law Group for a free consultation.

There are no attorney fee unless we recover compensation for you.

Our Drunk Driving Accident Case Results

The Hassell Law Group has successfully handled serious and fatal motor vehicle cases involving impaired drivers and disputed liability. You can review more of our firm’s personal injury case results.

Every case is different, and past results do not guarantee a similar outcome. DUI accident claims require more than simply showing that the other driver had been drinking. Liability, causation, comparative fault, damages, and insurance coverage must all be developed carefully.

Why Choose The Hassell Law Group After a DUI Accident?

Insurance companies do not automatically pay full value simply because the other driver was arrested for DUI.

They may still dispute:

• How the collision occurred
• Whether intoxication caused the crash
• Whether you were partially responsible
• Whether all of your injuries resulted from the collision
• The necessity or cost of your medical treatment
• Future medical expenses
• Lost earning capacity
• The value of pain and suffering and emotional distress
• Whether punitive damages are legally supported

The Hassell Law Group brings decades of experience handling serious motor vehicle accident claims.

Clients choose our firm because we offer:

• More than 90 years of combined personal injury experience
• A proven record of substantial motor vehicle accident results
• Experienced trial lawyers
• Aggressive insurance negotiations
• Detailed investigation and evidence preservation
• Access to appropriate medical and accident experts
• Personalized attorney attention
• Free consultations
• No attorney’s fee unless we recover compensation

We prepare serious injury cases as if they may ultimately be presented to a jury. That preparation creates leverage when negotiating with insurance companies.

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California Law Prohibits Driving Under the Influence

California Vehicle Code § 23152 prohibits driving while under the influence of alcohol, drugs, or a combination of alcohol and drugs.

California law separately prohibits driving with a blood alcohol concentration of 0.08% or higher for most drivers. Different BAC standards apply in certain circumstances, including commercial drivers and drivers carrying passengers for hire.

A driver can also violate California DUI law even without a BAC of 0.08% if alcohol or drugs have impaired the driver’s ability to operate the vehicle safely.

Drunk and drug-impaired driving cases can therefore involve evidence beyond a single breath-test number.

How Does DUI Affect Liability in a Civil Accident Case?

A DUI arrest is powerful evidence, but an arrest by itself does not automatically establish every element of your personal injury case.

Your civil claim still requires proof connecting the driver’s wrongful conduct to the collision and your injuries.

California Evidence Code § 669 recognizes a presumption of negligence in appropriate circumstances when:

1. A person violated a statute or regulation;
2. The violation caused injury;
3. The injury was the type the law was designed to prevent; and
4. The injured person was within the class the law was designed to protect.

This concept is often referred to as negligence per se.

Evidence that a driver violated California’s DUI laws can therefore become extremely important in establishing negligence. But our attorneys still investigate exactly how the crash happened, why it happened, and how it caused the client’s injuries.

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How Our San Francisco DUI Accident Lawyers Build Strong Cases

DUI crashes often generate evidence that does not exist in a typical accident case. Preserving and obtaining that evidence can substantially strengthen the civil claim.

Depending on the circumstances, our investigation may include:

Police and Collision Reports

We obtain and review the traffic collision report, arrest information, witness statements, diagrams, citations, and other available law-enforcement records.

Breath, Blood, and Toxicology Evidence

Chemical-test results can establish the presence and concentration of alcohol or drugs in the driver’s system.

Field Sobriety and Officer Observations

Evidence may include:

• Field sobriety testing
• Slurred speech
• Bloodshot or watery eyes
• Odor of alcohol
• Balance problems
• Driver statements
• Officer observations of impairment

Body-Worn Camera and Dash Camera Footage

Police videos can capture the driver’s appearance, conduct, statements, sobriety testing, and interaction with officers shortly after the crash.

911 Calls and Witness Testimony

Witnesses may have observed erratic driving, speeding, swerving, drinking, or other behavior before or immediately after the collision.

Surveillance and Traffic Cameras

Nearby businesses, residences, intersections, and vehicles may have recorded the crash or the driver’s conduct beforehand.

Vehicle and Accident Evidence

For serious collisions, we may evaluate:

• Vehicle damage
• Event data recorder information
• Skid marks and debris
• Impact locations
• Vehicle speeds
• Road conditions
• Accident reconstruction evidence

Medical and Damages Evidence

Proving wrongdoing is only half the case. We also document the full consequences of the crash, including current injuries, future medical needs, lost earnings, disability, and the long-term impact on the client’s life.

Criminal DUI Case vs. Your Civil Injury Claim

A drunk driver may face both a criminal case and a civil personal injury claim, but they serve different purposes.

The Criminal DUI Case

The government prosecutes the driver for violating California criminal law.

Possible consequences may include fines, license restrictions, probation, or incarceration.

The prosecutor represents the people of the State of California – not the injured victim personally.

Your Civil Case

Your civil claim seeks financial compensation for the harm the impaired driver caused you.

Your personal injury attorney represents you directly.

The civil case can seek compensation for medical expenses, lost earnings, pain and suffering, and other damages. In appropriate cases, punitive damages may also be pursued.

You do not necessarily have to wait for the criminal case to finish before protecting your civil rights. Our attorneys track relevant criminal proceedings while independently developing your personal injury case to recover compensation.

Can You Recover Punitive Damages from a Drunk Driver in California?

Potentially, yes.

Punitive damages are one of the most important differences between some DUI accident claims and ordinary negligence cases.

California Civil Code § 3294 allows punitive damages when the plaintiff proves by clear and convincing evidence that the defendant acted with oppression, fraud, or malice. California law defines malice to include certain conduct carried out with a willful and conscious disregard for the rights or safety of others.

Driving while intoxicated can, under many circumstances, support a punitive damages claim when the evidence demonstrates a conscious disregard for the safety of others.

Punitive damages are different from normal accident compensation.

Compensatory damages are intended to compensate you for your losses.

Punitive damages are intended to punish particularly wrongful conduct and deter similar behavior.

However, punitive damages are not automatic simply because a driver was intoxicated. The facts and evidence must support the required legal standard.

Our attorneys evaluate DUI cases carefully to determine whether a punitive damages claim should be pursued.

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Can a Bar, Restaurant, or Social Host Be Liable?

This area of California law is frequently misunderstood.

California generally does not impose broad “dram shop” liability on bars, restaurants, or social hosts simply because they served alcohol to an adult who later caused an accident.

California Civil Code § 1714 generally treats the consumption of alcohol, rather than furnishing of it, as the legal cause of injuries caused by intoxication.

There are, however, important and narrow exceptions involving minors.

For example:

• California Business and Professions Code § 25602.1 may permit a claim against certain licensed alcohol providers who furnish alcohol to an obviously intoxicated minor when the statutory requirements are satisfied.
• Civil Code § 1714 also provides a limited exception involving a parent, guardian, or other adult who knowingly furnishes alcohol at their residence to someone they know or should know is under 21, when the alcohol contributes to resulting injury or death.

These claims are highly fact specific.

We investigate where the driver obtained alcohol when there is a legitimate legal basis for doing so, but we do not assume that a bar or restaurant is automatically responsible merely because the driver drank there.

Who Else Might Be Liable for a Drunk Driving Accident?

The intoxicated driver is usually the primary responsible party, but other liability may exist depending on the facts.

Potential parties can include:

• The owner of the vehicle
• An employer if the driver was acting within the scope of employment
• Another negligent driver who contributed to the collision
• Certain alcohol providers in the narrow circumstances permitted by California law
• Other parties whose negligence substantially contributed to the crash

Identifying every legally responsible party can be particularly important in catastrophic injury and wrongful death cases where damages greatly exceed one driver’s insurance limits.

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What If the Drunk Driver Is Uninsured or Underinsured?

Serious DUI crashes can cause damages far beyond the at-fault driver’s available liability insurance.

If the impaired driver has little or no insurance, your own uninsured or underinsured motorist coverage may become an important source of compensation in your case.

UM/UIM coverage may also become relevant when an impaired driver flees the scene and cannot be identified, depending on the circumstances and your policy.

Our attorneys investigate every available source of insurance rather than assuming that the at-fault driver’s policy is the only potential recovery.

Compensation Available After a Drunk Driving Accident

Compensation depends on the facts and severity of the injuries.

A claim may include:

Medical Expenses

• Emergency treatment
• Hospitalization
• Surgery
• Diagnostic testing
• Rehabilitation
• Physical therapy
• Medication
• Future medical treatment
• Long-term care

Lost Income and Earning Capacity

You may recover compensation for work you missed because of your injuries.

When serious injuries permanently affect your ability to work, the claim may also include diminished future earning capacity.

Pain and Suffering

Compensation may be available for:

• Physical pain
• Emotional distress
• Disability
• Loss of enjoyment of life
• Disfigurement
• Permanent impairment

Property Damage

You may also seek compensation for damage to your vehicle and other personal property.

Punitive Damages

When the facts and legal requirements support them, punitive damages may be pursued separately from compensation for your losses.

Common Injuries Caused by Drunk Driving Crashes

Impaired drivers often have delayed reaction times, poor judgment, and difficulty controlling their vehicles. DUI accidents may involve high-speed impacts, head-on crashes, wrong-way collisions, or failure to brake before impact.

Serious injuries can include:

• Traumatic brain injuries
• Concussions
• Spinal cord injuries
• Herniated discs
• Multiple fractures
• Internal organ injuries
• Chest trauma
• Severe leg and orthopedic injuries
• Nerve damage
• Permanent disability
• Scarring and disfigurement

Some victims require multiple surgeries and years of treatment.

Others may never completely recover from their injuries.

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Fatal Drunk Driving Accidents and Wrongful Death Claims

When a drunk driver kills someone, surviving family members may have the right to pursue a California wrongful death claim.

Depending on the circumstances, recoverable damages may include losses associated with:

• Financial support
• Household services
• Love
• Companionship
• Comfort
• Care
• Assistance
• Guidance

Fatal DUI collisions can also involve criminal prosecution, insurance claims, wrongful death litigation, and potentially other civil claims simultaneously.

Our firm helps families navigate their civil case while they deal with an extraordinarily difficult loss.

What Should You Do After Being Hit by a Drunk Driver?

Call 911

A suspected DUI crash should be reported immediately.

Law enforcement can investigate the collision, evaluate the other driver for impairment, document the scene, interview witnesses, and obtain chemical testing when legally appropriate.

Seek Medical Treatment

Do not delay medical care simply because you can walk away from the scene.

Some serious injuries particularly concussions, internal injuries, and spinal injuries may not be immediately obvious.

Document the Accident Scene

If you can safely do so, photograph:

• Vehicle damage
• Vehicle positions
• The roadway
• Skid marks
• Debris
• Traffic signals
• Visible injuries
• Alcohol containers or other relevant evidence

For a broader checklist, see our San Francisco Bay Area Car Accident Guide.

Get Witness Information

Independent witnesses may have observed the other driver’s behavior before or after the collision. These witnesses are extremely important for your case.

Do Not Confront the Impaired Driver

An intoxicated person may behave unpredictably. Let law enforcement handle the driver.

Be Careful with Insurance Adjusters

The fact that the other driver was impaired does not mean the insurance company will voluntarily pay the full value of your claim.

Avoid speaking with insurance adjusters, signing releases, or accepting an early settlement before you consult with a lawyer.

Contact an Experienced DUI Accident Lawyer

Early legal involvement can help preserve evidence that may otherwise disappear, including video, witness testimony, chemical-test information, and law-enforcement records.

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Drunk Driving Remains a Serious California Traffic Safety Problem

In 2026 alcohol-impaired driving continues to cause substantial loss of life throughout California.

According to the California Office of Traffic Safety, 1,355 people were killed in alcohol-involved crashes in 2023.

Although that represented a decrease from the prior year, alcohol-impaired driving remains a significant source of fatal and serious injury collisions throughout the state.

San Francisco’s dense road network, nightlife, major corridors, pedestrians, bicyclists, rideshare traffic, and limited margin for driver error make impaired driving especially dangerous.

Our San Francisco accident lawyers represent victims injured in crashes involving:

• Cars
• Pedestrians
• Bicyclists
• Motorcyclists
• Uber and Lyft vehicles
• Commercial trucks and delivery vehicles

How Long Do You Have to Sue a Drunk Driver in California?

In most California personal injury cases, a lawsuit must generally be filed within two years of the injury.

California Code of Civil Procedure § 335.1 establishes the two-year limitations period for injury or death caused by another person’s wrongful act or neglect.

The same two-year statute commonly applies to wrongful death claims, although the starting date and particular circumstances must be evaluated carefully.

There are exceptions that can shorten or alter the deadline.

You should also avoid treating the statute of limitations as a reason to wait.

DUI cases can depend on evidence that is easiest to obtain shortly after the collision, including:

• Surveillance footage
• Witness testimony
• BAC and toxicology evidence
• Police video
• Accident-scene evidence

Early investigation can make a substantial difference in the success of your case.

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Frequently Asked Questions About San Francisco Drunk Driving Accident Claims

Can I sue a drunk driver who injured me?

Yes. If an impaired driver caused your crash and injuries, you may pursue a civil personal injury claim for the resulting damages.

Does a DUI arrest automatically prove my personal injury case?

No. A DUI arrest can provide important evidence, but you still need to establish civil liability, causation, injuries, and damages.

Do I have to wait for the DUI criminal case to end before filing my injury claim?

No. The criminal and civil cases are separate. Your lawyer can monitor the criminal proceedings while independently protecting and pursuing your civil claim.

Can I recover punitive damages after a drunk driving accident?

Potentially. California law permits punitive damages when the evidence satisfies the legal requirements for malice, oppression, or fraud. DUI cases may support punitive damages when the circumstances demonstrate conscious disregard for the safety of others.

Can I sue the bar or restaurant that served the drunk driver?

Usually not simply because a bar served alcohol to an intoxicated adult. California generally limits dram-shop liability. Narrow exceptions exist, particularly in certain cases involving an obviously intoxicated minor.

What if the drunk driver has no insurance?

Your own uninsured motorist coverage may provide compensation, depending on your policy and the circumstances of the collision.

What if the drunk driver fled the scene?

Call law enforcement immediately. If the driver is eventually identified, a claim may be pursued against that driver. Our San Francisco hit-and-run accident lawyers also handle cases where the responsible driver leaves the scene. Depending on the circumstances and policy terms, uninsured motorist coverage may become important.

How much is my drunk driving accident case worth?

The value depends on factors including the severity of your injuries, medical expenses, future treatment, lost earnings, permanent impairment, pain and suffering, insurance coverage, liability evidence, and whether punitive damages are legally supportable.

How much does it cost to hire The Hassell Law Group?

We handle drunk driving accident cases on a contingency fee basis.

There is no attorney’s fee unless we recover compensation for you.

Related Practice Areas

• San Francisco Car Accident Lawyers
• San Francisco Wrongful Death Lawyers
• San Francisco Uninsured Motorist Lawyers
• San Francisco Hit-and-Run Accident Lawyers
• San Francisco Pedestrian Accident Lawyers
• San Francisco Bicycle Accident Lawyers
• San Francisco Motorcycle Accident Lawyers

Contact Our San Francisco Drunk Driving Accident Lawyers Today

A drunk driving crash is not just another accident. Someone made a dangerous and preventable decision, and you should not be forced to bear the consequences.

The San Francisco drunk driving accident lawyers at The Hassell Law Group will investigate what happened, preserve DUI evidence, identify all available insurance coverage, document your injuries and future damages, negotiate aggressively with insurance companies, and prepare your case for litigation when necessary.

Contact The Hassell Law Group today at (415) 334-4111 for a free consultation.

No fee unless we recover compensation for you.

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.