By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt by a drunk driver?
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What to do after a crash with a drunk driver in California
- Call 911 and tell the dispatcher you think the other driver is impaired. Officers can then test the driver while the alcohol is still in the blood.
- Get medical care the same day. Head injuries often show up later; see concussion or brain injury after a crash.
- Write down what you noticed: the smell of alcohol, slurred speech, open containers, swerving before the crash. Get witness names and phone numbers.
- Find out where the driver was drinking. A receipt, a wristband or a friend who saw the driver leave a party can matter if the driver was under 21.
- Get the police report number. Our guide on how to get a police report explains the request.
- Do not give a recorded statement to the driver’s insurer before you read what not to tell the insurance company.
Our FAQ on what to do when a drunk driver hits you has a checklist, and legal alcohol limits in California, Texas and Washington explains the 0.08% rule.
Who can be held responsible
The driver. Under Vehicle Code 23153 it is a crime to drive under the influence, or with a blood alcohol level of 0.08% or more, and at the same time do an act forbidden by law or neglect a duty, when that proximately causes bodily injury to someone other than the driver (Veh. Code § 23153).
The driver’s employer, if the driver was on the job. Punitive damages against an employer require more: for a company, an officer, director or managing agent must have knowingly kept an unfit employee or authorized or ratified the conduct (Civ. Code § 3294(b)).
Whoever served the alcohol, but only in the narrow cases described below.
Your own insurance. If the drunk driver had no insurance or too little, your uninsured and underinsured motorist coverage can pay (hit by an uninsured driver in California; making a UIM claim). Policies issued or renewed since January 1, 2025 must carry at least $30,000 per person and $60,000 per accident (Veh. Code § 16056), which rarely covers a serious injury.
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Punitive damages against a drunk driver
Civil Code 3294 allows punitive damages when the plaintiff proves by clear and convincing evidence that the defendant acted with oppression, fraud or malice. “Malice” includes despicable conduct carried on with a willful and conscious disregard of the rights or safety of others (Civ. Code § 3294).
In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supreme Court held that operating a motor vehicle while intoxicated may be an act of “malice” under section 3294. A person who knowingly drinks to the point of intoxication, knowing he will drive afterward, reasonably may be held to show a conscious disregard of the safety of others, and a history of prior drunk driving is not an essential prerequisite (Taylor opinion). The plaintiff still has to show the driver knew the probable dangerous consequences of his conduct, and today’s statute requires clear and convincing proof.
Facts that support a punitive claim include a very high blood alcohol level, prior DUI convictions, drinking while driving and fleeing the scene. In October 2026 a Sacramento County jury convicted a driver of second-degree murder for a red-light crash at 9th and T Streets that killed a 50-year-old man; coverage of the trial said his blood alcohol content was 0.21 percent and he had a prior DUI conviction (9th and T Streets, Sacramento).
Can a bar, store or party host be sued in California?
Usually not. The Legislature declared that the consumption of alcohol is the proximate cause of injuries an intoxicated person inflicts on others, and wrote that rule into Civil Code 1714 and Business and Professions Code 25602 to undo three court decisions that had allowed these suits (Civ. Code § 1714(b); Bus. & Prof. Code § 25602(c)). Serving an obviously intoxicated adult is a misdemeanor, but the seller is not civilly liable to the people that adult later hurts.
| Who served the alcohol | Can the injured person sue them? | Source |
|---|---|---|
| A bar, restaurant or store, to an adult customer | No | B&P § 25602(b) |
| A licensee, a seller on a military base, or anyone else who sells alcohol, to an obviously intoxicated minor | Yes, if the sale was a proximate cause of the injury or death | B&P § 25602.1 |
| A social host, to an adult guest | No | Civ. Code § 1714(c) |
| A parent, guardian or other adult who knowingly serves alcohol at home to a person known, or who should have been known, to be under 21 | Yes; the person under 21 or anyone that person injures may sue | Civ. Code § 1714(d) |
When the driver who hit you is young, ask where the alcohol came from. Our FAQ on when a teen driver hits you covers claims against parents.
If you had no insurance: Prop 213 and the drunk driver exception
California bars an injured person from recovering noneconomic damages (pain, suffering, inconvenience) if that person owned a vehicle in the crash that was not insured as the law requires, was driving and cannot show financial responsibility, or was convicted of DUI for that crash (Civ. Code § 3333.4(a)). Medical bills and lost wages can still be recovered. The bar also reaches uninsured motorist coverage.
There is an exception for victims of drunk drivers. If the uninsured owner described in subdivision (a)(2) was injured by a motorist who was driving in violation of Vehicle Code 23152 or 23153 and was convicted of that offense, the owner is not barred from recovering noneconomic losses (§ 3333.4(c)). The exception depends on a conviction, so the criminal case matters. Its text refers to the uninsured owner, so an uninsured driver who did not own the car should get advice on his or her own facts.
Restitution and the Victim Compensation Board
Restitution. When a crime causes a victim economic loss, the court “shall order full restitution,” including medical expenses, mental health counseling and lost wages (Pen. Code § 1202.4(f)). Noneconomic losses are covered only for certain sex crimes, so pain and suffering stays in the civil case. The order is enforceable like a civil judgment, and restitution collected is credited against a civil judgment for the same losses.
CalVCB. For the victim compensation program a car crash is usually not a “crime,” but an injury caused by a person under the influence of alcohol or drugs is a listed exception (Gov. Code § 13955(e)(2)(C)). CalVCB lists driving under the influence among the crimes it covers and pays only expenses that have no other source of reimbursement (CalVCB FAQ), up to $70,000 (what CalVCB covers). Apply within seven years of the crime (Gov. Code § 13953).
The criminal case takes time. After a four-vehicle crash at Aviation and Manhattan Beach Boulevards on October 9, 2026 that killed a woman and injured an on-duty officer, prosecutors filed a five-count complaint including murder and felony DUI of a drug causing injury; those are allegations (Aviation Boulevard, Manhattan Beach). Your civil deadline keeps running while a case like that moves through court.
California deadlines and rules for DUI injury claims
| Rule | California law | Source |
|---|---|---|
| Sue the driver for injury or death | 2 years | CCP § 335.1 |
| Driver convicted of a felony | 1 year after judgment, unless a longer period applies | CCP § 340.3 |
| Punitive damages | Clear and convincing proof of malice, oppression or fraud | Civ. Code § 3294 |
| Your own share of fault | Reduces the award, never bars it | Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 |
| CalVCB application | 7 years from the crime | Gov. Code § 13953 |
| Minimum liability insurance | $30,000 per person, $60,000 per accident | Veh. Code § 16056 |
See comparative fault in CA, TX and WA. When a DUI crash is fatal, the family’s deadline is explained in wrongful death statute of limitations in California.
Drunk driving crashes in California
- 1,355 people died in alcohol-impaired crashes in California in 2023, out of 4,061 traffic deaths (OTS Quick Stats). That was about 4.5% fewer than in 2022, but nearly 55% more than in 2014 (OTS, alcohol-impaired driving).
- Nationally, 11,904 people died in alcohol-impaired crashes in 2024, about one every 44 minutes. Drivers at 0.08% or higher are involved in roughly 30% of U.S. traffic deaths (NHTSA).
On August 28, 2026, a 30-year-old woman was killed when two cars collided near Eighth Street and Ardmore Avenue in Koreatown; police arrested the other driver on suspicion of DUI after she left the hospital (Eighth Street, Los Angeles). Local pages: Los Angeles, Santa Ana and Victorville.
Evidence that proves a DUI injury claim
- Blood or breath test results and the arrest report, from the criminal case or by subpoena.
- The driver’s prior DUI record, which bears on punitive damages under Taylor.
- Receipts, card statements and video from the place the driver was drinking, if the driver was under 21.
- 911 calls from other drivers who reported swerving before the crash.
- Medical records from the first day. For head trauma, see our California brain injury lawyer page.
Related pages
- Texas drunk driving accident lawyer
- Washington drunk driving accident lawyer
- California car accident lawyer
- California hit-and-run accident lawyer
- California wrongful death lawyer
- California brain injury lawyer
Common questions
Can I get punitive damages from a drunk driver in California?
Often you can ask for them. In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supreme Court held that driving while intoxicated may be malice under Civil Code 3294. You must prove it by clear and convincing evidence, and facts such as a high blood alcohol level or prior DUI convictions help.
Can I sue the bar that served the drunk driver in California?
Generally no. Business and Professions Code 25602 and Civil Code 1714 treat the drinking as the legal cause of the injury. The exceptions are a sale to an obviously intoxicated minor (B&P 25602.1) and an adult who knowingly serves someone under 21 at home (Civ. Code 1714(d)).
I had no car insurance. Can I still recover for pain and suffering?
Possibly. Civil Code 3333.4 normally bars noneconomic damages for uninsured vehicle owners, but subdivision (c) lifts that bar when the uninsured owner was injured by a driver convicted of DUI for that crash.
How long do I have to sue a drunk driver in California?
Two years under CCP 335.1. If the driver is convicted of a felony, CCP 340.3 allows one year after judgment unless a longer period applies, but plan around the two-year deadline.
Will the criminal court make the driver pay my bills?
If the driver is convicted, Penal Code 1202.4 requires full restitution for economic losses such as medical bills and lost wages. CalVCB can pay up to $70,000 for expenses no other source covers.
Do I have to wait for the criminal case to finish?
No. The civil claim is separate and its two-year deadline keeps running. A conviction helps prove the claim, but you can file before the criminal case ends.
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California drunk driving accident lawyer — Beverly Law
Hurt by a drunk or drugged driver anywhere in California? We pursue the driver, every policy that can pay, and punitive damages where the facts support them. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Sources
- Cal. Civ. Code § 3294
- Cal. Civ. Code § 1714
- Cal. Civ. Code § 3333.4
- Cal. Bus. & Prof. Code § 25602
- Cal. Bus. & Prof. Code § 25602.1
- Cal. Veh. Code § 23153
- Cal. Veh. Code § 16056
- Cal. Penal Code § 1202.4
- Cal. Gov. Code § 13955
- Cal. Gov. Code § 13953
- Cal. Code Civ. Proc. § 335.1
- Cal. Code Civ. Proc. § 340.3
- Taylor v. Superior Court (1979) 24 Cal.3d 890
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- California Victim Compensation Board, Frequently Asked Questions
- California Victim Compensation Board, What Is Covered
- California Office of Traffic Safety, Quick Stats
- California Office of Traffic Safety, Alcohol-Impaired Driving
- NHTSA, Drunk Driving
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.