Being a victim of an accident caused by a drunk or intoxicated driver can be a life-changing experience. DUI accidents frequently bring devastating injuries, emotional trauma, and catastrophic financial losses. In California, the victims of DUI accidents are entitled to compensation not only in the form of insurance claims but also by filing legal action against the drunk driver. Based on the severity of DUI offenses, claims arising out of accidents due to impaired driving can also yield punitive damages that are extra payments to deter gross negligence.
If you, or a relative of yours, has been harmed in an alcohol-related accident resulting from a DUI driver, being informed about the claims process, your rights and what you could be entitled to as compensation is important. The following will take you through the major facts regarding an accident claim against a California DUI driver.
When Can I Sue a Drunk Driver in California?
If you were injured in an accident with a drunk driver in California, you might have grounds to sue for damages. Though DUI crashes typically lead to insurance claims, there are particular situations where the pursuit of damages via a lawsuit would be worth it to recover complete compensation.
You Can Sue a Drunk Driver When:
- The Insurance Settlement Is Insufficient
California law mandates that drivers maintain minimum liability insurance, but you may not be able to cover your medical bills, lost income, or pain and suffering with these limits. If the drunk driver’s policy is insufficient to compensate you, you can sue to collect the amount of damages not covered by the policy. - The Drunk Driver Was Uninsured or Underinsured
If the at-fault driver does not have coverage or only minimal coverage, you can be forced to sue them directly for your compensation. You may also use your own UM/UIM coverage to help defray your loss, but in many cases, a lawsuit is still warranted in order to get full damages. - You Suffered Severe or Permanent Injuries
In situations where the accident leaves you with long-term or life-altering injuries—like spinal cord injuries, traumatic brain injury, or disability—your medical expenses and losses can be immense. Filing a lawsuit against the drunk driver enables you to recover damages in excess of what insurance can provide, such as future medical treatment and lost income. - The Insurance Company Denies or Undervalues Your Claim
The insurance companies usually attempt to pay as little as possible or reject the claims. If negotiations with the insurance company are unsuccessful, you can sue the drunk driver in court to claim reasonable compensation. - You Want to Pursue Punitive Damages
Unlike usual car crash cases, DUI driver claims might be eligible for punitive damages. Victims can sue for punitive damages in California courts when the negligence or recklessness of the at-fault driver is extreme, as in driving under the influence. Punitive damages are intended to punish the offender and prevent others from following suit.
The DUI Driver Caused a Wrongful Death
If a loved one dies in a DUI-related crash, surviving family members may bring a wrongful death claim. This type of lawsuit enables families to collect damages for funeral bills, lost financial support, and emotional distress inflicted by the drunk driver’s recklessness.
Understanding Liability in a DUI Accident
California law deems driving under the influence (DUI) to be a reckless and negligent act. This implies that if an intoxicated driver is involved in an accident, they are automatically at fault for the accident. Yet, in order to successfully sue for damages, the victim will still need to establish certain elements of the law, such as:
- The driver was intoxicated – Evidence such as a police report, breathalyzer test results, or witness statements can confirm this.
- The driver’s intoxication directly caused the accident – It must be demonstrated that the DUI driver’s impairment led to reckless or negligent behavior, such as swerving, running a red light, or failing to brake in time.
- You suffered injuries or losses as a result of the accident – Medical records, vehicle repair estimates, and employment records can help prove the extent of damages.
Since DUI is a criminal offense, victims may also have a stronger case when seeking civil compensation.
Steps to Take After an Accident with a DUI Driver
It is traumatic to be involved in an accident caused by a drunk driver. Nonetheless, acting at the right moment after the crash can safeguard your health, consolidate your claim legally, and increase the chances of fair compensation. Ranging from obtaining medical attention to collecting valuable evidence, every step counts to ensure that the impaired driver takes responsibility. Knowing what to do after a DUI accident can be a determining factor in your capacity to recover physically, emotionally, and economically.
Call 911 and Seek Medical Attention
Report the accident immediately to the police and ask for a medical response if required. A police report is the most valuable piece of evidence for DUI-related claims because it will attest to the impairment of the driver, the site of the accident, and statements from witnesses. Even if you do not feel seriously injured, visit a hospital or see a doctor to check for unseen injuries, like head trauma or internal injuries.
Gather Evidence
Collecting evidence at the scene can strengthen your case. Important evidence includes:
- Photos and videos of the accident, vehicle damage, and visible injuries
- Contact information of witnesses who can testify about the driver’s impairment
- Copy of the police report, including breathalyzer or field sobriety test results
- Medical records showing the extent of your injuries
Notify Your Insurance Company
Report the accident to your insurance company promptly. Even though the at-fault driver’s insurance should pay for your losses, your policy might have uninsured/underinsured motorist coverage, which can be useful if the driver does not have sufficient insurance.
File a Claim Against the DUI Driver’s Insurance
California requires all drivers to carry minimum liability insurance. You can file a claim against the DUI driver’s insurance to cover:
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering
However, insurance companies may attempt to reduce payouts, so consulting an attorney can help ensure you receive fair compensation.
Consider Filing a Personal Injury Lawsuit
If the insurance coverage of the DUI driver is inadequate or his insurer rejects your claim, you can bring a personal injury lawsuit to recover full compensation. A lawsuit permits you to claim economic and non-economic damages, and punitive damages too, which aim at punishing the drunk driver and discouraging reckless driving.
What Compensation Can You Receive?
Victims of DUI accidents in California may be entitled to various types of compensation, including:
- Medical Expenses: Covers hospital bills, surgeries, rehabilitation, and ongoing treatment.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for lost income.
- Pain and Suffering: Includes emotional distress, trauma, and reduced quality of life.
- Property Damage: Covers the cost of repairing or replacing your vehicle.
Punitive Damages: Unlike regular damages, punitive damages are awarded in cases of gross negligence, such as drunk driving, to punish the offender.
How Long Do You Have to File a DUI Accident Claim?
Under California’s law of limitations, the victims typically have two years from the date of the accident to bring a lawsuit for personal injury. If the accident caused wrongful death, the survivors also have two years to seek a claim. In cases where a government agency is involved (e.g., a government driver), though, the time to sue may be shorter—usually six months.
Not filing within the statutory time limit can lead to forfeiting your right to claim compensation.
Why You Should Hire an Attorney for a DUI Accident Claim
DUI accident claims are sometimes more complicated than typical personal injury claims because of the possibility of criminal cases, insurance company disputes, and legal defenses that the responsible party may bring. An experienced personal injury lawyer can:
- Investigate the accident and gather strong evidence
- Communicate with insurance companies to negotiate a fair settlement
- Determine the full extent of damages, including future medical costs
- Represent you in court if the insurance company refuses to offer a fair payout
- Pursue punitive damages to hold the DUI driver accountable
Having legal representation increases the likelihood of securing maximum compensation and ensures that your rights are protected.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
