Two cases can follow one crash
Being hit by an impaired driver is frightening, and the legal steps that follow can be confusing. Suing a drunk driver in California is a civil claim for your losses. It runs on its own track, apart from the criminal case the prosecutor brings.
You do not have to wait for a conviction to start your injury claim. Knowing how the two cases fit together can help you protect your rights. Our car accident claims page explains how injury claims work after a crash.
The information here is general information about California law and is not legal advice for your situation.
How the criminal case and the civil claim differ
The criminal case is about punishment. The state charges the driver, and the outcome can include fines, jail or license loss. Our post on California traffic laws covers the DUI rules themselves.
Your civil claim is about your losses. You or your insurer seek payment for medical bills, lost wages and pain and suffering. The proof standard is lower, so a civil claim can succeed even if the criminal case does not end in a conviction.
Restitution is not the same as damages
A criminal court can order the driver to pay restitution for some of your costs, such as medical bills. Restitution does not cover pain and suffering. A civil claim can seek those losses as well.
Suing a drunk driver in California for punitive damages
Most injury claims pay for actual losses. Punitive damages are different. They punish especially harmful conduct.
Civil Code section 3294 allows punitive damages when clear and convincing evidence shows malice, oppression or fraud. In Taylor v. Superior Court (1979), the California Supreme Court held that a driver who chooses to drink knowing they will drive later may show the conscious disregard for safety that supports punitive damages.
Punitive damages are not automatic. They depend on the facts, and insurance policies often do not pay them.
When an uninsured victim can still recover
California’s Proposition 213 limits recovery for some uninsured drivers. Under Civil Code section 3333.4, an uninsured owner usually cannot recover pain and suffering after a crash.
There is an exception. The bar does not apply when the other driver was driving under the influence and was convicted of that offense. Courts read the exception narrowly, so the result of the criminal case can matter here.
Can a bar or party host be responsible
California gives sellers and hosts strong protection. Civil Code section 1714 treats drinking, not serving, as the cause of most injuries. Business and Professions Code section 25602 has a similar rule for sellers.
There are narrow exceptions.
- A licensed seller who sells alcohol to an obviously intoxicated minor may be liable under Business and Professions Code section 25602.1
- An adult who knowingly gives alcohol at home to someone under 21 may be liable under section 1714
Steps to take after a crash with an impaired driver
Your health comes first. Then focus on records.
- Get medical care, even if you feel fine at first
- Get the report number from the agency that responded
- Write down what you remember while it is fresh
- Save photos of the scene, the vehicles and your injuries
- Keep witness names and phone numbers
- Keep every bill, receipt and pay stub that shows a loss
If a family member died in the crash, our wrongful death page explains who can bring a claim.
What the criminal law says about drunk driving with injuries
The civil claim is separate, but the criminal rules shape the evidence. Knowing the basic offenses helps you read the police report.
Vehicle Code section 23153 makes it unlawful to drive under the influence and cause bodily injury to another person through an unlawful act or neglect of a duty. The section sets a 0.08 percent blood alcohol level for most drivers.
Lower levels apply in some cases. Section 23153 sets 0.04 percent for a driver of a commercial motor vehicle and for a driver carrying a passenger for hire.
Why a chemical test matters to your claim
Section 23153 creates a presumption when a chemical test within three hours of driving shows the listed level. A test result in the report can be strong evidence that the driver was impaired.
Ask for the full report and note whether a test was taken.
How suing a drunk driver in California plays out
Every crash is different. The examples below are simplified illustrations and not real cases.
Example when the driver is convicted
Imagine a driver runs a red light and hits your car, and a test shows a high blood alcohol level. The driver later pleads guilty.
The conviction can support your claim of fault. You still need records of your medical care, lost pay and how the injury changed daily life.
Example when the criminal case falls apart
Now imagine the criminal case is dismissed because of a problem with the test. The civil claim can still go forward.
Witness statements, video and the officer’s notes can prove fault in a civil case. The civil standard is lower than proof beyond a reasonable doubt.
Example when an employee was driving
Some impaired drivers were on the job. An employer may be responsible for an employee’s careless driving at work.
Punitive damages against an employer follow a stricter test. Under Civil Code section 3294, the employer generally must have known of the employee’s unfitness and acted with conscious disregard, or authorized or ratified the conduct.
How long you have to file
Under Code of Civil Procedure section 335.1, most injury lawsuits must be filed within two years. Waiting for the criminal case to finish does not pause that clock on its own.
If a public agency shares fault, such as for a dangerous road, a claim must be presented within six months under Government Code section 911.2.
What evidence helps a civil claim
The criminal file may hold useful evidence. Other records come from you.
- The police report and any chemical test results
- Booking records or court records from the criminal case
- Photos and video from the scene and nearby businesses
- Medical records that link your injuries to the crash
- Records of missed work and other costs
- A daily journal of pain, sleep and activities you missed
How to talk with insurers after a crash with an impaired driver
Insurers often call within days. A few habits can protect your claim while you heal.
Keep the first calls short
Give basic facts such as the date, the place and the claim number. You do not have to guess about speeds, distances or your injuries.
If you do not know an answer, say so. A guess can be quoted back to you later.
Think before a recorded statement
The other driver’s insurer may ask to record your account. You are not required to agree on the first call.
Ask what the statement is for and who will hear it. Many people wait until they have their medical records and the police report in hand.
Keep a log of every contact
Write down the name of each adjuster, the date and what was said. Save emails and letters in one folder.
A clear log helps if a question comes up about what you were told. It also makes it easier to follow up on promised payments.
Frequently asked questions
Do I need to wait for the criminal case to end?
No. The civil claim can move forward on its own timeline, though the criminal case can produce useful evidence.
Will my own insurance help?
It may. Uninsured and underinsured motorist coverage can help when the driver has little or no insurance.
Does a DUI conviction prove my claim?
It can be strong evidence of fault, but you still need to prove your losses.
What blood alcohol level is illegal for a commercial driver?
Vehicle Code section 23153 uses 0.04 percent for a driver of a commercial motor vehicle who causes injury.
How long do I have to sue a drunk driver?
Most injury lawsuits must be filed within two years under Code of Civil Procedure section 335.1. Claims against public agencies have a six month claim deadline.
Can I get punitive damages from the driver’s employer?
Only in narrow cases. Civil Code section 3294 requires proof of the employer’s own knowledge or approval, as described above.
Talk with someone who will explain your options
After a crash like this, you deserve clear answers. At The Friel Law Firm, you can speak directly with one of our attorneys.
If you were hurt by an impaired driver, we can explain your options. Call (209) 300-6117 for a free consultation.