Drunk driving accidents differ fundamentally from standard vehicle collisions. When an intoxicated driver causes an accident, victims face not only physical injuries but also complex legal claims involving both criminal and civil proceedings. The at-fault driver’s impairment creates a clear liability case, yet insurance companies often resist paying full compensation to injured victims. Contact a drunk driving accident lawyer in Southern California if you are injured in an accident.
At Dordick Law Corporation, we understand the devastating impact drunk driving accidents inflict on Southern California families. Our attorneys have recovered substantial compensation for clients injured by intoxicated drivers. We handle every aspect of your claim—from investigating the accident to negotiating with insurance companies and pursuing litigation when necessary. Our case results demonstrate our track record of securing significant settlements and verdicts for injured victims.
The key advantage of hiring an experienced drunk driving accident lawyer is our ability to build a compelling case that demonstrates the driver’s intoxication directly caused your injuries. We gather police reports, toxicology results, witness statements, and medical evidence to establish liability and maximize your compensation. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired driving remains a critical public safety concern requiring expert legal representation.
How Dordick Law Corporation Handles Drunk Driving Cases
Our firm takes a comprehensive, client-focused approach to drunk driving accident claims. We begin by thoroughly investigating the accident scene, reviewing police reports, and obtaining the at-fault driver’s blood alcohol content (BAC) results. These elements form the foundation of a strong liability case. Our investigation process mirrors best practices outlined by legal standards organizations, ensuring thorough documentation and evidence preservation.
We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. This arrangement removes financial barriers to legal representation and aligns our interests with yours—we succeed only when you receive the compensation you deserve. Our about us page details our firm’s commitment to client advocacy and results-driven representation.
Our car accident lawyers in Southern California follows this investigation process, which includes:
- Obtaining the police accident report and arrest records
- Reviewing toxicology and BAC test results from law enforcement
- Interviewing witnesses who observed the driver’s impairment or the accident
- Consulting with accident reconstruction experts when necessary to establish causation
- Gathering medical records documenting your injuries and treatment
- Calculating past and future damages related to your injuries and losses
We also identify all potentially liable parties beyond the drunk driver. In many cases, bars, restaurants, or social hosts who served alcohol to the intoxicated driver share responsibility for the accident. We pursue these third-party claims to maximize your recovery. Premises liability claims often accompany drunk driving cases when establishments serve visibly intoxicated patrons.
Throughout your case, we maintain regular communication with you. You receive updates on your claim’s progress, and we answer your questions promptly. Our goal is to guide you through the legal process while you focus on healing from your injuries.
Why Drunk Driving Accidents Require Legal Representation
Drunk driving poses a serious threat to public safety. According to the National Highway Traffic Safety Administration (NHTSA), approximately 34 people die every day in the United States in alcohol-impaired driving crashes—that’s one person every 42 minutes. In California, drunk driving accidents account for a significant portion of serious and fatal traffic collisions.
When an intoxicated driver causes an accident, the victim’s recovery involves more than medical treatment. You must navigate insurance claims, establish liability, and pursue compensation for injuries and losses. Insurance companies employ adjusters trained to minimize payouts. Without legal representation, many victims accept settlements far below what their cases are worth. Personal injury victims often benefit from early consultation with experienced counsel.
An experienced DUI accident attorney in Southern California levels the playing field. We investigate the accident thoroughly, gather evidence of the driver’s impairment, identify all liable parties, and negotiate aggressively with insurance companies. Our goal is to secure compensation that fully addresses your injuries, medical expenses, lost wages, and pain and suffering. Many victims injured in car accidents caused by impaired drivers require specialized legal expertise to recover fair compensation.
Who Can Be Held Liable in a Drunk Driving Accident
The Intoxicated Driver
The drunk driver bears primary liability for the accident. California Vehicle Code § 23152 prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher. If the driver’s BAC exceeded this legal limit at the time of the accident, California law presumes the driver was legally intoxicated. We use this presumption to establish liability and pursue compensation from the driver’s insurance policy.
Even if the driver’s BAC was below 0.08%, we can still establish liability by proving the driver was impaired and unable to operate the vehicle safely. We gather evidence including witness testimony, police observations, field sobriety test results, and toxicology reports to demonstrate impairment. Victims injured in hit and run accidents involving intoxicated drivers face additional legal complexities requiring specialized representation.
Third Parties and Dram Shop Liability
California’s dram shop laws are narrowly construed and provide limited liability for commercial establishments. Under California Business and Professions Code § 25602, commercial establishments are generally immune from civil liability for injuries caused by intoxicated adult patrons, even if visibly intoxicated. This immunity reflects California law’s principle that the intoxicated person’s consumption of alcohol—not the furnishing of alcohol—is the proximate cause of injury.
However, California Business and Professions Code § 25602.1 creates a narrow exception: commercial establishments may face civil liability if they knowingly serve alcohol to obviously intoxicated minors who subsequently cause accidents. This limited liability applies only to minors under 21 years old. The California Department of Alcoholic Beverage Control enforces regulations governing alcohol service and liability.
Social hosts who serve alcohol at private gatherings have even more limited liability than commercial establishments. California Civil Code § 1714(d) provides that social hosts are generally immune from liability for injuries caused by adult guests, with a narrow exception only for knowingly furnishing alcohol to minors under 21.
While dram shop claims are limited in scope, we evaluate every case for potential third-party liability. Employers may also bear liability if the drunk driver was operating a company vehicle or was on duty at the time of the accident. We investigate the driver’s employment status and whether the employer failed to implement adequate safety protocols or vehicle maintenance procedures. Workplace accidents involving intoxicated employees may trigger employer liability claims.
Types of Compensation Available for Drunk Driving Injuries
Drunk driving accident victims recover compensation under California injury law for both economic and non-economic damages. Economic damages include quantifiable financial losses, while non-economic damages address pain, suffering, and emotional trauma.
Economic Damages:
- Medical expenses (emergency care, hospitalization, surgery, rehabilitation)
- Future medical treatment and ongoing therapy
- Lost wages during recovery and rehabilitation
- Diminished earning capacity if injuries prevent returning to work
- Property damage to your vehicle and personal belongings
- Transportation costs and home modifications for disability accommodation
- Nursing care and in-home assistance expenses
Non-Economic Damages:
- Pain and suffering from your injuries
- Emotional distress and psychological trauma
- Loss of enjoyment of life and recreational activities
- Loss of consortium (impact on family relationships and companionship)
- Scarring and disfigurement
- Permanent disability or chronic pain conditions
Punitive Damages:
In cases involving gross negligence or willful misconduct, California courts may award punitive damages designed to punish the defendant and deter similar conduct. Drunk driving often qualifies for punitive damages, particularly if the driver had prior DUI convictions, was driving with a suspended license, or caused severe injuries or death. Victims with traumatic brain injuries or spinal cord injuries frequently recover punitive damages in addition to compensatory damages. Wrongful death claims arising from fatal drunk driving collisions may result in substantial family compensation.
Our drunk driving accident attorneys in Southern California calculate your total damages by analyzing medical records, employment history, expert testimony, and comparable case outcomes. Our goal is to recover compensation that fully addresses your injuries and losses.
What to Do After a Drunk Driving Accident
Taking immediate action after a drunk driving accident protects your health and strengthens your legal claim. The steps you take in the first hours and days following the accident significantly impact your case’s outcome.
At the Scene:
- Call 911 immediately and request both police and medical assistance
- Seek medical attention even if you feel fine—some injuries appear hours or days later
- Remain at the scene and cooperate with police officers
- Document the scene with photos of vehicle damage, road conditions, traffic signals, and weather
- Collect contact information from witnesses who observed the accident
- Note the other driver’s appearance, behavior, speech, and any statements about alcohol consumption
- Request the police report number for your records
- Do not admit fault or apologize for the accident
After Leaving the Scene:
- Obtain a copy of the police accident report within days of the accident
- Seek comprehensive medical evaluation and follow all treatment recommendations
- Keep detailed records of all medical appointments, treatments, and expenses
- Document lost wages and time away from work with pay stubs and employer statements
- Avoid discussing the accident on social media or with anyone except your attorney
- Do not accept insurance settlement offers without consulting an attorney
- Contact Dordick Law Corporation for a free consultation immediately
Critical:
Do not speak with the at-fault driver’s insurance company without legal representation. Insurance adjusters often pressure victims into accepting inadequate settlements. Our attorneys handle all communications with insurance companies, protecting your rights and ensuring you receive fair compensation. Rideshare accident victims and pedestrian accident victims face similar pressures from insurers and benefit from early legal counsel.
Frequently Asked Questions About Drunk Driving Accidents
How long do I have to file a drunk driving accident claim in California?
California Code of Civil Procedure § 335.1 provides a two-year statute of limitations for personal injury claims. This means you must file a lawsuit within two years of the accident date. However, we recommend contacting our office immediately after your accident. Early action allows us to preserve evidence, interview witnesses while memories are fresh, and begin negotiations with insurance companies promptly. Waiting until the deadline approaches limits our ability to investigate thoroughly and build the strongest possible case. The State Bar of California provides consumer resources on legal representation timelines.
Can I sue a drunk driver even if they weren't convicted of DUI?
Yes. Civil liability differs from criminal prosecution. A criminal DUI conviction requires proof beyond a reasonable doubt, while a civil claim requires only a preponderance of the evidence—a lower standard. Many drunk drivers face civil liability even if criminal charges are dismissed or reduced. We pursue civil claims based on the driver’s impairment at the time of the accident, regardless of criminal outcomes. The police report, witness testimony, and toxicology results provide sufficient evidence to establish civil liability.
What if the drunk driver was uninsured or underinsured?
California requires all drivers to carry minimum liability insurance. If the drunk driver lacked insurance or carried insufficient coverage, your own uninsured/underinsured motorist (UM/UIM) coverage protects you. This coverage applies to your policy and covers damages exceeding the at-fault driver’s insurance limits. We evaluate your policy and pursue UM/UIM claims when necessary to maximize your recovery. Many victims don’t realize they have this protection available. Motorcycle accident victims and bicycle accident victims frequently rely on UM/UIM coverage.
How much is my drunk driving accident case worth?
Every case is unique. Your claim’s value depends on injury severity, medical expenses, lost wages, pain and suffering, and liability strength. Catastrophic injuries resulting in permanent disability command higher settlements than minor injuries. We evaluate your specific circumstances and provide a realistic assessment of your case’s value. Most cases settle within a reasonable range, though some require trial to achieve fair compensation. Factors we consider include the defendant’s insurance coverage, the strength of liability evidence, and comparable case outcomes.
Will my case go to trial or settle?
Most drunk driving accident claims settle through negotiation with insurance companies. However, we prepare every case for trial. If insurance companies refuse fair settlement offers, we litigate aggressively to protect your interests. Our trial experience ensures we negotiate from a position of strength, knowing we can effectively present your case to a jury if necessary. We never pressure clients to accept inadequate settlements.
What should I do if I was a passenger in a drunk driving accident?
Passengers have strong legal claims against both the drunk driver and the driver’s insurance company. You were not responsible for the accident and bear no comparative fault. We pursue full compensation for your injuries without the complications that arise when the injured party shares accident responsibility. Contact us immediately to discuss your passenger injury claim. Passengers often recover substantial compensation because liability is clear.
Contact Dordick Law Corporation Today
If a drunk driver injured you or a loved one in Southern California, contact Dordick Law Corporation for a free consultation. Our attorneys evaluate your case at no cost and explain your legal options. We work on a contingency fee basis—you pay nothing unless we recover compensation for you.
Call us at (310) 551-0949 or complete our online contact form to schedule your free consultation. We serve clients throughout Southern California and are ready to fight for the compensation you deserve.
Time is critical. California’s two-year statute of limitations means you must act quickly to protect your rights. Contact our firm today.
