Can I Sue a Drunk Driver in California?

• Civil lawsuits are separate from criminal charges. You can sue a drunk driver for compensation regardless of whether they’re convicted of DUI, as the burden of proof is lower in civil court.
• California allows punitive damages in drunk driving cases. Courts can award additional compensation to punish particularly reckless behavior beyond standard damages.
• You have two years to file. California’s statute of limitations requires personal injury claims within two years of the accident date.
• Multiple compensation sources may exist. Beyond the driver’s insurance, you may recover through your own UM/UIM coverage, bar liability claims, or employer responsibility.
• Partial fault doesn’t eliminate your claim. California’s pure comparative negligence rule lets you recover damages even if you share some responsibility.
• A criminal acquittal won’t stop your civil case. Civil cases require only “preponderance of evidence,” not “beyond a reasonable doubt.”

How Feher Law Helps Drunk Driving Accident Victims

When a drunk driver injures you or someone you love, you need a legal team that fights as hard as you would. Our attorneys handle every aspect of your case so you can focus on healing.

Here’s what we do for our clients:

• Investigate the accident thoroughly. We gather police reports, toxicology results, witness statements, and surveillance footage to build the strongest possible case against the drunk driver.
• Calculate your full damages. Many victims underestimate what they’re owed. We work with medical experts and economists to document every current and future expense.
• Handle insurance companies. Insurers often try to minimize payouts, even in clear-cut drunk driving cases. We negotiate aggressively on your behalf.
• Take your case to trial if needed. Most cases settle, but some insurance companies refuse to offer fair compensation. We’re prepared to fight for you in court.

Why Filing a Civil Lawsuit Matters

Criminal charges punish the drunk driver, but they don’t compensate you for your losses. The district attorney’s job is to seek justice for society, not to recover money for your medical bills or replace your lost income.

A civil lawsuit puts you in control. You become the plaintiff, and you decide whether to accept a settlement or push for trial. Even if the driver pleads guilty or gets convicted, you still need to file a separate civil claim to receive compensation.

In some cases, criminal proceedings can actually help your civil case. A DUI conviction or guilty plea can serve as evidence of negligence, making it easier to prove liability. If you’re wondering whether you need a lawyer for your accident claim, the answer is almost always yes when drunk driving is involved.

What Compensation Can You Recover?

California law allows drunk driving accident victims to pursue three categories of damages. Understanding what you can claim helps you avoid settling for less than you deserve.

Economic Damages

These cover your measurable financial losses:

• Medical and care costs (emergency treatment, surgeries, ongoing therapy, home health care)  
• Lost earnings (wages missed, reduced earning capacity, bonuses, or self-employment losses)  
• ⁠Property damage (vehicle repairs/replacement, towing, rental ca,r and personal belongings)  
• ⁠Out-of-pocket expenses (travel to appointments, childcare or housekeeping, adaptive equipment)

Non-Economic Damages

These compensate for losses that don’t have a specific dollar amount:

• Physical pain and suffering from your injuries
• Emotional distress, anxiety, and depression
• Loss of enjoyment of activities you once loved
• Permanent scarring or disfigurement
• Strain on your marriage or family relationships

Can You Get Punitive Damages in a Drunk Driving Case?

Yes, drunk driving cases are among the most likely personal injury claims to result in punitive damages in California. Unlike other damages that compensate you for losses, punitive damages punish the defendant for particularly reckless behavior.

Under California Civil Code Section 3294, courts can award punitive damages when the defendant acted with “malice, oppression, or fraud.” Choosing to drive drunk, knowing the deadly risks, often meets this standard.

Hypothetical scenario: A driver leaves a bar after consuming eight drinks over two hours. He knows he’s intoxicated but drives anyway. He runs a red light and T-bones another vehicle, seriously injuring the other driver. A jury could find this conduct so reckless that it warrants punitive damages beyond standard compensation.

Courts consider factors like the defendant’s blood alcohol level, prior DUI history, and how egregious their behavior was when determining punitive damage amounts.