Drunk Driving Accidents in California: Your Rights as a Victim

Holding Drunk Drivers Accountable in California

Drunk driving remains one of the leading causes of fatal car accidents in California. According to the California Office of Traffic Safety, alcohol-impaired driving accounts for nearly 30 percent of all traffic fatalities in the state each year. If you or a loved one has been injured by a drunk driver, you have powerful legal tools at your disposal to hold the responsible parties accountable and recover full compensation for your injuries.

Criminal vs. Civil Cases: You Can Pursue Both

Many victims do not realize that the criminal prosecution of a drunk driver (handled by the district attorney) and your civil personal injury claim are separate proceedings. The criminal case focuses on punishing the offender — fines, license suspension, and jail time. Your civil case focuses on compensating you for your damages. You do not need to wait for the criminal case to conclude before pursuing your civil claim, and a criminal conviction is powerful evidence of liability in your civil case.

Enhanced Damages: Punitive Damages Against Drunk Drivers

One of the most significant advantages in a drunk driving accident case is the potential for punitive damages. Under California Civil Code Section 3294, punitive damages may be awarded when the defendant’s conduct amounts to “malice, oppression, or fraud.” California courts have consistently held that driving while intoxicated demonstrates a conscious disregard for the safety of others, satisfying the malice standard. Punitive damages can substantially increase your total recovery beyond compensatory damages.

Dram Shop and Social Host Liability

In some cases, the drunk driver is not the only party liable for your injuries. Under California Business and Professions Code Section 25602.1, a business that serves alcohol to an obviously intoxicated minor can be held liable for injuries caused by that minor’s subsequent drunk driving. While California generally does not impose liability on businesses that serve alcohol to adults, there are exceptions for particularly egregious conduct. Social hosts who furnish alcohol to minors can also face liability under Civil Code Section 1714.

Evidence in Drunk Driving Accident Cases

Drunk driving cases often involve strong evidence that works in your favor: the police report documenting the driver’s blood alcohol concentration (BAC), field sobriety test results, the driver’s admission of drinking, bar or restaurant receipts showing alcohol purchases, surveillance footage from the establishment, testimony from witnesses who saw the driver drinking, and the criminal case record itself.

Seek Justice and Compensation

If you have been injured by a drunk driver in California, the attorneys at Smilove & Rosenblum will aggressively pursue every avenue of compensation available to you. Call (800) 300-3226 for a free consultation.

Related Resources

• Practice Area: Car Accident Attorney Services
• Practice Area: Wrongful Death from Drunk Driving
• Distracted Driving Laws and Penalties in California
• Police Reports in California Car Accident Claims