Hit by a Drunk Driver in California? Here's What to Do and What You Can Recover

Being hit by a drunk driver is particularly traumatic — and in California, it can also be particularly lucrative for victims. DUI accident cases carry unique legal advantages that can result in significantly higher compensation than ordinary negligence cases. Here's what you need to know.

What to Do at the Scene

1. Call 911 immediately — law enforcement will conduct field sobriety tests and a blood alcohol test
2. Do not confront or argue with the driver — they may be unpredictable
3. Document everything: slurred speech, erratic behavior, empty bottles in the car, odor of alcohol — note these in your phone
4. Get the officer's name and badge number and confirm that a DUI investigation is underway
5. Photograph the scene, vehicles, and any visible evidence of intoxication
6. Identify witnesses — particularly those who saw the driver's behavior before the crash
7. Get medical attention immediately, even if you feel okay

Criminal vs. Civil Cases — How They Interact

When a drunk driver injures you, there are two parallel proceedings:

• Criminal prosecution (DUI): The state prosecutes the driver for driving under the influence. You are not a party to this case, but a conviction is extremely helpful to your civil claim.
• Civil lawsuit: You sue the driver (and potentially others) for compensation. The standard of proof is lower in civil court — "preponderance of evidence" vs. "beyond reasonable doubt."

A criminal DUI conviction can be used as evidence of negligence per se in your civil case, essentially establishing fault without further argument.

Punitive Damages — The DUI Advantage

This is the biggest legal distinction in DUI accident cases. California Civil Code § 3294 allows courts to award punitive damages when a defendant acted with malice, oppression, or fraud — or with conscious disregard for the rights and safety of others.

California courts have consistently held that driving under the influence can constitute "conscious disregard" — meaning DUI accident victims may be entitled to punitive damages on top of all their compensatory damages (medical bills, lost wages, pain and suffering).

Dram Shop Liability — When a Bar or Restaurant Is Also Liable

California's dram shop laws are more limited than many states. Under California Business and Professions Code § 25602, alcohol vendors are generally not liable to third parties for selling alcohol to an adult who later causes an accident.

However, there are important exceptions:

• Serving a minor (under 21): If a bar, restaurant, or party host served alcohol to someone under 21, and that person then caused an accident, the server can be held civilly liable under Civil Code § 1714(d)
• Serving a visibly intoxicated minor: Same rule with additional evidence requirements

If the drunk driver who hit you is under 21 and was served at a bar, restaurant, or house party, there may be a significant additional defendant with insurance coverage.

Employer Liability

If the drunk driver was an employee driving a company vehicle or driving as part of their job duties, the employer may be vicariously liable under respondeat superior — regardless of the driver's intoxication. Additionally, if the employer knew the employee had a drinking problem and failed to act, there may be direct negligence claims against the company.

Compensation Available in DUI Accident Cases

• All medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress (PTSD from a DUI crash is particularly serious)
• Property damage
• Punitive damages (case-specific)
• Wrongful death damages (if a family member was killed)

Act Quickly — Evidence Disappears Fast

BAC test results, field sobriety videos, bar surveillance footage, and witness statements are all time-sensitive. The sooner an attorney is involved, the better the chance of preserving this evidence and building the strongest possible punitive damages case.