DUI Injury Attorney
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A Drunk Driver Made a Choice and Now They Need to Pay for It
Getting hurt by a drunk driver is different from any other accident. Most accidents happen because someone made a mistake — a moment of inattention, a misjudgment of speed or distance. A DUI accident happens because someone made a deliberate decision to get behind the wheel knowing they were impaired. That distinction matters in ways that go far beyond the criminal charges the driver may face.
As the victim of a drunk driving accident in California, you have significant legal rights — including the right to pursue compensation that goes beyond what your medical bills and lost wages represent. California law recognizes that drunk driving is not ordinary negligence. It is reckless, conscious disregard for the safety of every other person on the road. And the civil justice system has a specific tool for conduct like that.
The Civil Case is Separate from the Criminal Case
When a drunk driver injures someone, two entirely separate legal processes unfold. The criminal case is brought by the state — the District Attorney’s office prosecutes the driver for violations of California Vehicle Code Section 23152 or 23153. Conviction can mean jail time, fines, license suspension, and probation.
Your civil case is yours to pursue independently. You can sue the driver for medical bills, lost wages, pain and suffering, future care, property damage, and in some cases punitive damages. A criminal conviction can help the civil case because it serves as powerful evidence — but it is not required to win a civil claim.
Many DUI accident victims wait to see how the criminal case resolves before taking civil action. This is usually a mistake. Evidence needs to be preserved. Deadlines are running. And the civil case can move forward entirely on its own timeline regardless of what happens in criminal court.
Punitive Damages — What Makes DUI Cases Different
This is the legal distinction that sets drunk driving injury cases apart from standard accident claims.
In California, punitive damages are available when a defendant’s conduct goes beyond ordinary negligence into the territory of malice, oppression, or conscious disregard for the safety of others. DUI accidents represent prime candidates for punitive damages in California. When someone chooses to drive while intoxicated, they consciously disregard the safety of everyone around them. Courts have consistently held that driving drunk constitutes the type of willful misconduct that supports punitive awards.
Punitive damages are not meant to compensate you for your losses. They exist to punish the drunk driver and deter others from making the same choice. In California, there is no cap on punitive damages in personal injury cases, and the full award goes to the injured victim.
Key factors that strengthen a punitive damages claim in a DUI case include a blood alcohol level significantly above the legal limit, prior DUI convictions, and other reckless behavior at the time of the crash such as excessive speed or running a red light. The more egregious the conduct, the stronger the case for punitive damages.
There is one important practical consideration: standard auto insurance policies do not cover punitive damages. This means any punitive award must be collected directly from the defendant’s personal assets. If the drunk driver has no significant assets, a punitive damages award may be difficult to collect. We evaluate this as part of every case strategy we build.
What Compensation Can You Recover for Injuries from a DUI Accident?
Between compensatory and punitive damages, a successful DUI injury claim can pursue:
● Emergency medical treatment, surgery, and hospitalization
● Ongoing care, physical therapy, and rehabilitation
● Future medical costs for long-term injuries
● Lost wages and reduced future earning capacity
● Pain and suffering and emotional distress
● Property damage and vehicle replacement
● Permanent disability or disfigurement
● Punitive damages where the conduct supports the claim
● Wrongful death damages for families who lost a loved one to a drunk driver
The value of your specific case depends on the severity of your injuries, the strength of the evidence, and whether a punitive damages claim is viable. We evaluate all of it in your free consultation.
What to Do After Being Injured by a Drunk Driver
Call 911 immediately. A police report will document the driver’s impairment, and field sobriety and breathalyzer results become critical evidence in both the criminal and civil case.
Seek medical attention the same day. Even if your injuries seem manageable, get evaluated. Adrenaline masks pain and some injuries, particularly head trauma and internal damage, don’t fully present for 24 to 48 hours.
Photograph everything at the scene. The vehicles, the road, any skid marks, and your visible injuries should all be documented before you leave.
Request a copy of the police report. It documents the DUI arrest and any citations issued, and it becomes foundational evidence in your civil claim.
Do not speak with the drunk driver’s insurance company before consulting an attorney. Their goal is to minimize what they pay. Ours is the opposite.
Call Chris and Frank. DUI accident cases move fast on both the criminal and civil tracks. The earlier we are involved, the better positioned your case will be.
Why Hire Chris and Frank
Drunk driving victims deserve aggressive representation. The driver made a choice that put your life at risk, and California law gives you real tools to hold them accountable for it — including the possibility of punitive damages that go beyond standard compensation.
We have recovered over $100 million for our clients and win 99% of our cases. We know how to build DUI injury claims, use criminal evidence to strengthen the civil case, and pursue every category of damages the law allows.
Medical coordination at no upfront cost, cash advances if lost income is creating pressure. No fees until we win your case. Se habla español. With offices across California and the Pacific Northwest, with more locations opening, we are always within reach.
The drunk driver made a choice. Now it’s time to make sure they live with the consequences. Call Chris and Frank for a free consultation today.
Hiring an attorney can feel overwhelming, especially if this is your first time dealing with a legal issue. But at Chris and Frank, we make the process as smooth and stress-free as possible.
From the moment you call us for a free consultation to the day you receive your settlement check, we’re with you every step of the way. Why Hire Us >>