California DUI Accident Victim Lawsuit: Fight for the Compensation You Deserve
Driving under the influence is a malicious, negligent act. Any driver who chooses to operate a motor vehicle while intoxicated by drugs or alcohol puts every single person on the road at risk of severe injury or wrongful death.
Given the notoriously heavy traffic across Southern California, getting behind the wheel while impaired is a surefire recipe for disaster.
If you or a loved one has been injured by a drunk or drugged driver, you have the legal right to hold them accountable.
At Injury Justice Law Firm LLP, our experienced Los Angeles personal injury attorneys have a proven track record of securing substantial damage awards for DUI accident victims.
We handle the heavy legal burdens so you can focus on healing and getting your life back on track. To schedule a consultation, call (818) 394-7835 or contact us here.
Why Criminal Charges Aren't Enough for DUI Victims
When an impaired driver causes a crash in Los Angeles County, the criminal court system steps in to punish them with fines, license suspensions, or jail time.
However, the criminal court system does little to financially compensate victims for their real-world losses.
To recover compensation for your medical bills, lost wages, and emotional trauma, you must file a civil personal injury claim. This process is completely separate from the driver's criminal trial.
Leveraging a Criminal DUI Conviction for Your Civil Case
While the civil and criminal cases are separate, a criminal DUI conviction serves as powerful evidence in your civil lawsuit.
Under California's doctrine of negligence per se, if a driver is convicted of violating a safety law (such as driving under the influence), the civil court automatically presumes the driver acted negligently.
Our legal team knows exactly how to utilize criminal evidence to streamline your civil claim and secure a favorable result efficiently.
The Dangerous Reality of Impaired Driving
Alcohol is a central nervous system depressant. It slows brain function, severely degrading a driver's cognitive and motor skills. Driving under the influence of alcohol, prescription medication, or recreational drugs causes:
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Impaired Judgment & Focus: Inability to accurately assess road hazards or maintain a single lane.
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Altered Depth Perception & Blurred Vision: Inability to judge distances between vehicles.
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Slowed Reaction Times: Failure to brake or swerve in time to avoid an obstacle.
Because of these impairments, DUI collisions often occur at high speeds and result in devastating, catastrophic accidents, including:
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Head-on collisions from driving the wrong way on highways or surface streets.
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Rear-end crashes at red lights frequently trigger multi-vehicle chain reactions.
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Pedestrian and bicyclist strikes at intersections, crosswalks, or concrete medians where the driver failed to notice them.
Maximizing Your Compensation: Compensatory vs. Punitive Damages
In a standard California car accident claim, you are entitled to compensatory damages to cover your economic and non-economic losses. However, DUI accident lawsuits are unique because victims can often pursue punitive damages.
Compensatory Damages
Our attorneys aggressively pursue financial recovery for all your losses, including:
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Medical Expenses: ER visits, surgeries, medications, and physical therapy.
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Future Treatment Costs: Ongoing rehabilitation, medical equipment, and long-term care.
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Lost Wages: Income lost while you are physically unable to work.
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Loss of Earning Capacity: If your injuries cause a permanent disability that hinders your future career.
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Pain and Suffering: Compensation for your physical agony, mental anguish, and emotional distress.
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Wrongful Death: If you lost a family member to an impaired driver.
Punitive Damages (Exemplary Damages)
Under California Civil Code Section 3294, if we can prove the at-fault driver acted with a "conscious disregard for the safety of others," you may be awarded punitive damages.
These are not meant to cover your bills; rather, they are designed to financially punish the drunk driver and deter others in the community from ever making the same reckless choice.
Punitive damages can significantly increase your final financial recovery.
Common Injuries Sustained in Drunk Driving Crashes
DUI collisions frequently result in severe, life-altering injuries that require extensive medical intervention. Our firm represents clients suffering from:
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Traumatic Brain Injuries (TBIs) and severe head trauma
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Spinal cord injuries, including partial or total paralysis
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Soft tissue injuries, such as severe whiplash in the neck and back
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Fractures and broken bones (including facial and skull fractures)
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Herniated discs and other debilitating spinal damage
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Internal organ damage and internal hemorrhaging
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Amputation injuries or permanent disfigurement
Dealing with Deceptive Insurance Adjusters
Crucial Warning: Do not speak with an insurance adjuster or sign any statements without consulting an injury lawyer first.
Insurance companies are profit-driven corporations. Following a severe DUI accident, their primary goal is to minimize their financial payout.
Representatives will often call you shortly after the crash—while you are vulnerable and overwhelmed—to offer a quick, lowball settlement.
If you accept this initial offer, you waive your right to pursue any future compensation, even if your medical bills end up costing double that amount.
When you hire Injury Justice Law Firm LLP, we insulate you from the insurance companies. We handle all communications, gather and present bulletproof evidence of liability, and negotiate aggressively on your behalf.
If the insurance company refuses to offer a full and fair settlement, our seasoned trial attorneys will not hesitate to litigate your case in civil court.
Frequently Asked Questions (FAQs)
How long do I have to file a DUI accident lawsuit in California?
In California, the statute of limitations for most personal injury claims is two (2) years from the date of the accident. If you do not file a lawsuit within this window, you lose your right to seek compensation. However, certain exceptions apply (such as claims against government entities, which must be filed within 6 months), so it is vital to consult an attorney as soon as possible.
Can I still recover damages if I was partially at fault for the accident?
Yes. California follows a pure comparative negligence system. This means you can still recover compensation even if you were partially to blame for the crash. Your final financial award will simply be reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault for speeding, you will receive $80,000.
What if the drunk driver who hit me doesn't have insurance?
If the impaired driver is uninsured or underinsured, we can check your auto insurance policy to see whether you carry Uninsured/Underinsured Motorist (UM/UIM) coverage. We can also explore alternative avenues of liability, such as whether a third party contributed to the accident.
How much does it cost to hire Injury Justice Law Firm LLP?
We operate on a contingency fee basis. This means you pay absolutely nothing upfront, and you owe us no legal fees unless we successfully resolve your case through an insurance settlement or a court verdict. Your initial consultation is completely free and confidential.
Contact a Los Angeles DUI Accident Attorney Today
You do not have to carry the heavy financial and emotional burden of a DUI accident alone. Let our aggressive, compassionate personal injury lawyers fight for the justice and maximum compensation you deserve.
Call Injury Justice Law Firm LLP today or fill out our online contact form to schedule your free, no-obligation case review.