Drunk driving accidents in California personal injury cases are taken extremely seriously — both legally and in terms of compensation. If you were injured by a drunk driver (or someone you suspect was impaired), you may have a strong case with potentially enhanced damages.
Here’s what you should know about how California handles DUI-related personal injury claims:
🍷 DUI & Civil Liability in California
If someone causes an accident while driving under the influence of alcohol or drugs, they can face:
- Criminal charges – DUI (Driving Under the Influence)
- Civil liability – For the injuries and damages they caused
Even if the drunk driver is not convicted criminally, you can still pursue a civil personal injury lawsuit — and the burden of proof is lower in civil court.
⚖️ Legal Grounds for a Personal Injury Lawsuit
To win a case, you must prove the drunk driver was:
- Negligent (i.e., impaired and caused the crash)
- That their actions directly caused your injuries
Often, a DUI arrest, police report, or BAC test results are used as evidence of negligence per se — meaning the violation itself proves fault.
💥 What You Can Recover
If the drunk driver was at fault, you can typically seek compensatory damages, including:
- Medical expenses (past, current, and future)
- Lost wages / loss of earning capacity
- Property damage
- Pain and suffering
- Emotional trauma
- Long-term disability or disfigurement
🟧 Punitive damages may also apply in drunk driving cases.
These are extra damages meant to punish the driver for egregiously reckless behavior like DUI, and are not available in typical car accident cases.
🧾 Evidence That Strengthens Your Case
The more documentation, the better:
- Police report showing DUI citation or arrest
- Blood alcohol content (BAC) test results
- Dashcam or surveillance footage
- Witness statements
- Field sobriety test notes
- Your medical records and bills
- Photos from the scene
⏳ Time Limits to Sue (Statute of Limitations)
In California:
- You typically have 2 years from the date of the accident to file a personal injury lawsuit
- If a government entity is involved (e.g., a public employee DUI), you must file a claim within 6 months
👨⚖️ Why You Need a Lawyer
Drunk driving accident cases often lead to larger settlements or verdicts — but insurance companies still try to limit payouts. A good California personal injury attorney can help:
- Secure punitive damages
- Deal with insurers
- Investigate the accident thoroughly
- Negotiate or take the case to trial if needed
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].