Can I Sue if I’m Hit by a Drunk Driver in California?

If you’ve been struck by a drunk driver, you may have suffered devastating injuries and trauma because of the car accident. Many car accident victims struggle to return to their lives after such a serious injury. You may have even lost a loved one because of the dangerous negligence of the other driver.

But can you sue if you’re hit by a drunk driver? Suing is possible, but it’s easier with the help of a lawyer from Kohan & Bablove Injury Attorneys. Our lawyers can make it easy for you to seek compensation when you’re hurt, so you can spend less time thinking about your lawsuit, and more time thinking about the closure and justice your family needs.

What to Do Immediately After an Accident with a Impaired Driver

Safety is paramount. Move to a safe location, check for injuries, and call 911 immediately. Document the scene by filming vehicles and noting slurred speech, stumbles, or the odor of alcohol. Avoid confronting the motorist, as impaired individuals can become unpredictable or violent.

How to Safely Report a Drunk Driver in California

When speaking with dispatchers, state that you suspect the driver is under the influence. Provide the vehicle’s make, license plate, and exact location. Wait for responding police officers to conduct field sobriety tests and chemical testing, which serves as foundational evidence.

Criminal DUI Charges vs. Civil Personal Injury Lawsuits

A criminal DUI case focuses on punishing the driver for breaking state law through jail time or license suspension. Conversely, your civil personal injury lawsuit seeks financial restitution for your injuries. A criminal conviction can strongly support your civil claim by establishing clear negligence.

Average Settlement Payouts for a California Drunk Driving Accident

DUI settlement payouts vary broadly based on injury severity, typically ranging from tens of thousands to multi-million dollar sums.

Key Financial Factors Determining DUI Case Value

Your ultimate payout is calculated using total medical bills, lost income, long-term disability, and property damage. California’s pure comparative negligence rules will apply if you shared any fault.

Gross Negligence and Recovering Punitive Damages

Under California Civil Code 3294, you can pursue punitive damages if evidence proves the driver acted with malice or conscious disregard for safety. The threat of these personal penalties provides massive leverage. Contact Kohan & Bablove Injury Attorneys today.

Types of Compensation Owed to Drunk Driving Accident Victims

Victims of impaired drivers are entitled to a full and comprehensive financial recovery. This includes standard economic damages—covering immediate medical bills, future rehabilitative care, and lost wages—alongside non-economic damages, which compensate for physical pain, emotional trauma, and the overall loss of life enjoyment.

Calculating a Typical Amount of Pain and Suffering Value

Insurers generally calculate pain and suffering using the multiplier method, where your total medical bills and lost income are multiplied by a number between 1.5 and 5. Because drunk driving represents highly egregious behavior, courts and insurance adjusters frequently apply a higher multiplier to reflect the severe psychological distress involved.

The Role of Auto Insurance and UM/UIM Coverage in California

While the at-fault driver’s liability policy should ideally cover your losses, many drunk drivers carry insufficient coverage or drive entirely uninsured. Shifting focus to your own policy’s Uninsured/Underinsured Motorist (UM/UIM) coverage is vital, as it steps in to pay for your injuries up to your specific policy limits.

Crucial Legal Rules & Timelines for California DUI Claims

Succeeding in an injury claim requires strict adherence to state statutes and legal frameworks.

California’s Statute of Limitations for Personal Injury (CCP §335.1)

Under California Code of Civil Procedure Section 335.1, victims have exactly two years from the date of the drunk driving crash to file a civil lawsuit. Failing to file within this strict legal window permanently forfeits your right to seek financial compensation.

Pure Comparative Negligence: What If You Were Partly at Fault?

California operates under a pure comparative negligence system. Even if you share a minor percentage of fault—such as having a broken taillight when hit—you can still recover damages. Your final financial payout will simply be reduced by your exact percentage of personal responsibility.

Third-Party Liability and California Dram Shop Exception Laws

California law heavily shields social hosts and commercial bars from liability when serving alcohol. However, a critical exception exists under Business and Professions Code Section 25602.1: an establishment can be held civilly liable if they knowingly serve alcohol to an obviously intoxicated minor who subsequently causes a crash.

Compensation for Drunk Driving Accident Victims

Drunk driving accidents can be expensive, painful, and traumatic. That’s why it’s important to know what your claim is worth and how to calculate your claim before you go to court.

You may be due compensation for your economic damages or the financial impact of your car accident. For example, you may have hospital bills you shouldn’t have to pay, lost income while you’re unable to work, and the costs of your car repairs after the accident.

But these damages may be easier to calculate than your non-economic damages. These damages cover the costs of your mental and emotional damages following a serious injury. These damages are even more difficult to calculate, so speak with a lawyer about the exact value of your claim.

What If I Was Partly at Fault?

While many accidents are caused by mistakes on the side of both parties, admitting you were partly responsible can have negative consequences for your claim.

Your claim may be reduced if you’re found partially at fault for your injuries. For example, you may have been due $65,000, but you were found 15 percent at fault because you were texting. If your compensation is reduced, you’ll only receive $55,250. That may leave you paying out of pocket for some of your damages, so reach out to your lawyer to learn more about protecting your claim.

Contact Your Drunk Driving Lawyer for Help

When you’re hurt by a drunk driver, you may need the right tools to overcome the suffering and injuries you’ve sustained. But suing can be difficult without help.

At Kohan & Bablove Injury Attorneys, we understand that you’re in a difficult position, and we know suing when you’re hurt by a drunk driver can feel impossible. That’s why we offer free consultations—we can discuss how we’ll tackle your claim and what we can do for you. To prepare for your free consultation, call 949.535.1341 or fill out the following online contact form.