Being injured by a drunk driver is one of the most jarring experiences a person can go through. You were following the rules of the road. The other driver made a dangerous, illegal choice — and now you’re the one left dealing with injuries, medical bills, and an uncertain road ahead. California law offers strong protections for victims in these situations, and understanding what your claim could be worth is an important first step.
Drunk Driving and Liability in California
When a driver gets behind the wheel after drinking, they are acting with a level of recklessness that goes well beyond simple negligence. In California, a DUI conviction — or even evidence of intoxication — can significantly strengthen a personal injury claim. The at-fault driver can be held financially responsible for the full scope of your losses, from emergency room bills to ongoing rehabilitation costs to lost income.
In some cases, liability can extend to other parties as well. California’s dram shop laws allow injury victims to pursue claims against bars, restaurants, or other establishments that served alcohol to an already-visibly intoxicated person who then caused an accident.
What Damages Are Available?
Victims of drunk driving accidents in California may be entitled to compensation for a wide range of losses, including:
- Medical expenses, both current and future
- Lost wages and diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Beyond these standard compensatory damages, California courts may also award punitive damages in drunk driving cases. Unlike other forms of compensation, punitive damages are not tied to your specific losses — they are designed to punish the at-fault driver for their reckless conduct and deter similar behavior in the future. In serious cases, this can significantly increase the overall value of a claim.
The Insurance Company Is Not on Your Side
Even in cases where fault seems clear, the at-fault driver’s insurance company will look for ways to minimize what they pay out. They may dispute the severity of your injuries, question whether certain medical treatments were necessary, or pressure you to accept a quick settlement before you understand the full extent of your damages.
It’s critical not to sign anything or give a recorded statement to an insurance adjuster without first speaking to an attorney. What you say in those early conversations can be used to undercut your claim later.
Acting Quickly Protects Your Claim
California’s statute of limitations generally gives personal injury victims two years from the date of the accident to file a lawsuit. While that may seem like a long time, evidence fades and witnesses become harder to locate. Police reports, surveillance footage, toxicology results, and eyewitness accounts can all be critical to your case — and some of that evidence has a short window before it’s gone.
The sooner you speak with an attorney, the better positioned your case will be.
Law Offices of Michael A. Kahn Is Here to Help
At Law Offices of Michael A. Kahn, we have extensive experience representing victims of drunk driving accidents throughout California. We understand how to build a strong case, negotiate with insurance companies, and take your claim to trial when that’s what it takes to get you the outcome you deserve.
Call us today at (310) 209-1600 to schedule your free consultation. There’s no cost and no obligation — and if we take your case, you won’t pay a fee unless we win.
