If you are hurt in a California crash caused by a drunk or drug-impaired driver you have the right to seek compensation through a civil lawsuit In addition to criminal penalties the driver may face you can recover money for medical bills lost wages property damage emotional suffering and other losses
When You Can File a Lawsuit
You do not need to wait for the criminal DUI case to finish before starting your personal injury claim What matters is proving the driver’s intoxication contributed to the crash and your injuries
Relevant California DUI Laws
California has several statutes addressing driving under the influence Vehicle Code section 23152(a) applies to operating a vehicle while impaired Vehicle Code section 23152(b) sets the per se standard for blood alcohol content of 0.08 percent or higher for adult drivers Vehicle Code sections 23152(d) and 23152(e) address commercial and hired drivers with stricter limits Vehicle Code section 23136 enforces zero tolerance for underage drivers Violations of these laws can strengthen your civil case by showing negligence
Proving Negligence
To win your civil claim you must establish four elements The driver owed a duty of care to drive safely They breached that duty by driving under the influence Their intoxication caused the accident and your injuries You suffered measurable damages like medical expenses or lost income A criminal conviction is helpful but not necessary Evidence such as police reports chemical test results eyewitness accounts and accident reconstruction can prove your case
Possible Damages
Economic damages can include hospital bills therapy costs lost wages reduced future earnings and vehicle repair or replacement Non-economic damages cover pain and suffering emotional distress loss of enjoyment of life or permanent impairment In rare cases punitive damages may be awarded if the driver’s actions were particularly reckless
Comparative Fault
California uses comparative negligence rules Even if the drunk driver was primarily responsible your compensation can be reduced if you share some blame Your award will be adjusted based on your percentage of fault
Steps to Take After a DUI Accident
Call law enforcement and get medical attention immediately Collect as much evidence as possible including photographs of the scene vehicle damage and contact information for witnesses Keep all medical records and receipts Avoid admitting fault or making statements that could be used against you Contact a knowledgeable attorney as soon as possible
How Hillstone Law Can Help
Hillstone Law can review police reports gather DUI test results interview witnesses and work with experts to reconstruct the accident We will calculate the full value of your damages negotiate with insurance companies and if necessary file a lawsuit to fight for the compensation you deserve
Take Action Now
If a drunk driver has injured you do not wait to explore your options Contact Hillstone Law for a free case evaluation and let us guide you through the process to protect your rights and secure fair compensation
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Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
