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Driving under the influence of alcohol or drugs is not only illegal, it’s incredibly dangerous—and often leads to life-changing consequences. Beyond facing criminal penalties impaired drivers can also be held accountable for the pain and suffering they cause through personal injury lawsuits.

If you or a loved one has been injured or killed by an intoxicated driver, Porter Simon Sierra Injury Lawyers can help you seek compensation for your loss. Talk to one of our skilled California DUI injury lawyers today.

Why Do You Need a California DUI Injury Lawyer?

Many people assume that a DUI injury case is open and shut. After all, a person who is drunk or otherwise impaired and who gets behind the wheel is obviously reckless and at fault, aren’t they? True, being hit by someone who is driving under the influence can give you an advantage in an injury case, but there are still a number of factors that can influence your eligibility for compensation and how much you can receive:

• California’s Comparative Negligence Laws – If you were partially at fault—for example if you were running a red light at the time of the accident—your compensation could be reduced based on your percentage of fault.
• Insurance Challenges – Insurers may try to minimize your payout by arguing that your injuries are pre-existing or less severe than claimed.
• Uninsured Drivers – If the intoxicated driver lacks insurance, recovering compensation can be more complex, requiring alternative legal strategies.

Our California DUI injury lawyers know how to approach these challenges, strengthen your case, and help you pursue the maximum compensation you deserve.

What Compensation Can You Recover If You Were Hit By a Drunk or Drug-Impaired Driver?

After a DUI accident, you may be suffering from painful long-term or even permanent disabilities. No amount of money can take away the destructive actions of an intoxicated driver, but pursuing a DUI accident lawsuit can allow you to recover compensation for:

Medical expenses. This may include bills for hospital visits, examinations, medications, or physical therapy. In addition, you may pursue compensation for necessary future expenses, such as medical procedures, follow-up doctor’s visits, or medical devices.

Emotional trauma. You may be able to recover additional compensation if the DUI accident caused you to suffer from PTSD, depression, or anxiety. This can include effects like social isolation or the inability to participate in activities you once enjoyed.

Wrongful death. Fatalities are incredibly common in DUI accidents. In California, if a person dies due to the negligent actions of an impaired driver, the family of that person can sue for emotional trauma as well as funeral and burial costs.

Missing wages. In more cases than not, DUI accident injuries require long recovery periods. If you are unable to work due to your injuries, you may be able to sue for the wages you miss while you recover.

Each case is different, and consulting a DUI injury lawyer can help you understand the specific types of damages you may be able to recover.

Who Can Be Held Liable in a California DUI Accident?

In many DUI accident lawsuits, the intoxicated driver is considered the liable party. However, there are some cases in which other parties can be held accountable as well. These parties may include:

Restaurants or bars: Under California’s dram shop laws, establishments may held liable only when they serve alcohol to an “obviously intoxicated” person who is under the age of 21. (See California Business and Professions Code section 25602.1.)

Social hosts: A person who hosts a social gathering also has a responsibility to not serve alcohol to their guests who are under 21 years of age. If the host “knowingly” supplied the alcohol and a party guest drove intoxicated, the host may be held liable. (See California Civil Code section 1714.)

The car owner: If a person knowingly lends their car to an intoxicated person, they may be held liable if the driver kills or injures another person while behind the wheel.

Family members or peers: If a person under the age of 21 is “knowingly” supplied with alcohol by someone who is of drinking age, they may be held liable for an accident that occurs afterward.

How Long Do You Have to File a DUI Injury Claim in California?

The California statute of limitations for both personal injury and wrongful death lawsuits is two years from the date of the accident. However, there are a few exceptions. If the victim in the accident was under the age of 18, the statute of limitations begins on their 18th birthday, meaning they have until their 20th birthday to file.

The statute of limitations may also be shortened to six months where governmental entities are at fault. For example, if a city bus driver or postal worker was driving under the influence and hit someone, the victim only has six months to file a suit.

What is the Difference Between a Criminal and Civil DUI Case?

In many cases, a person who is charged with driving under the influence will face criminal charges which can result in penalties such as fines, jail time, or the loss of their driver’s license. It may also result in restitution paid to the victim, though this is sometimes limited compared to a personal injury lawsuit, which is handled by a civil court.

Regardless of whether the driver is facing criminal charges or not, any victims of the accident can still file a civil lawsuit against them to pursue additional compensation. While a conviction in a criminal DUI case can often be used as evidence in a civil DUI case, the victim is still eligible to file even if they are not convicted.

California DUI Lawyer: FAQs

If you have additional questions about DUI accidents in California, take a look at the following FAQs or contact our California DUI injury lawyers directly for a consultation.

How much does a DUI injury lawyer in California cost?

Many DUI injury lawyers, including those at Porter Simon Sierra Injury Lawyers, usually offer their services on a contingency basis. This means that you generally pay nothing unless you win, and even then, the fees are calculated based on a percentage of your settlement earnings.

Do DUI injury cases usually go to trial, or will my case likely settle?

Only a small percentage of personal injury cases go to trial. For many injured or grieving individuals, this will likely come as a relief as it means your lawyer will handle practically every aspect of your case for you so that you can focus on your recovery.

How is a DUI injury case different from a regular car accident case?

Beyond the fact that DUI car accidents usually result in higher fatality and injury rates, they also come with unique legal challenges. Success in DUI injury cases often requires an understanding of both criminal and personal injury law, specific state and local laws, as well as the ability to negotiate effectively.

What evidence helps win a DUI injury case?

Another unique aspect regarding DUI injury cases compared to regular car accident cases is that there is often more evidence available for the claimant. If charged with a DUI, the driver will face criminal charges, which may offer insights into BAC, dash or body cam footage, or possibly a criminal conviction, all of which can be used as evidence in your DUI injury lawsuit.

In addition to these, your medical records, pictures of the crash site, traffic reports, and eyewitness accounts are all helpful pieces of evidence if you decide to sue. Keep in mind, however, that knowing how to use and present this evidence is much more important to your case than simply having access to it.