Losing a loved one is devastating. Losing that person because someone chose to drive drunk adds anger and disbelief to an already unbearable grief. These deaths are preventable, and families deserve accountability. This guide explains how a drunk driving wrongful death case works in California, how it interacts with the criminal case, and what rights families have as they move forward.
A Preventable Tragedy
Impaired driving continues to take lives across California. According to the California Office of Traffic Safety, alcohol-involved crashes killed 1,355 people statewide in 2023.
Behind every number is a family facing funeral plans, lost income, and an empty seat at the table. While no legal action can bring a loved one back, the law gives families tools to hold the responsible driver accountable and secure their financial future.
Two Cases, One Tragedy
After a drunk driving death, two separate cases may move forward:
- The criminal case. Prosecutors may charge the driver with a crime such as gross vehicular manslaughter while intoxicated under Penal Code section 191.5. This case seeks punishment on behalf of the state.
- The civil wrongful death claim. Your family brings this case to seek compensation for your losses.
The two cases run independently. Families can pursue a civil claim whether or not prosecutors file charges, and a civil case uses a lower burden of proof than a criminal trial. A criminal conviction, however, can provide powerful evidence in the civil case. In a drunk driving wrongful death case, records from the criminal investigation, such as blood-alcohol test results and officer reports, often help establish the driver’s responsibility. Your attorney can request these records and follow the criminal case closely.
Who Can Bring a Drunk Driving Wrongful Death Claim?
Code of Civil Procedure section 377.60 lists who may file. Eligible family members generally include a surviving spouse or registered domestic partner and children. When there are no children, other heirs such as parents may qualify, and certain dependents may also have standing.
California generally allows one wrongful death lawsuit for all eligible heirs, so family members usually join together in a single case.
What a Family Can Recover in a Drunk Driving Wrongful Death Claim
Family members may seek compensation for:
- Funeral and burial expenses.
- The financial support the loved one would have provided.
- The value of household services, such as childcare and home care.
- Loss of love, companionship, comfort, care, and guidance.
Our page on damages in Bakersfield wrongful death cases explains these categories in more detail.
Punitive Damages and the Survival Action
Many families want to know whether the drunk driver can face punitive damages, which punish especially reckless conduct. The answer involves two related claims.
California generally does not allow punitive damages in the wrongful death claim itself, which focuses on the family’s losses. However, the estate may also bring a survival action for losses the decedent suffered. Under Code of Civil Procedure section 377.34, a survival action may include punitive damages the decedent could have recovered had he or she lived. Families may join both claims in one lawsuit.
Because these rules are technical, an attorney should evaluate whether punitive damages are available in your case.
Your Rights in the Criminal Case
Families of people killed by crimes generally have rights under California’s Victims’ Bill of Rights, known as Marsy’s Law. According to the California Attorney General, these rights include notice of key proceedings upon request, the right to be present, the right to be heard at sentencing, and the right to restitution from the convicted wrongdoer.
Many families choose to share a victim impact statement at sentencing. Speaking about your loved one can be painful, yet many families find it meaningful.
Help With Immediate Expenses
The California Victim Compensation Board may help with certain crime-related expenses, including funeral and burial costs (subject to limits), mental health counseling, and support for dependents of a deceased victim. CalVCB acts as a payer of last resort, so it pays only for expenses that no other source covers.
Who Else May Share Responsibility?
The drunk driver usually bears primary responsibility, but other parties may share it depending on the facts:
- An employer, if the driver was working at the time.
- A vehicle owner who allowed the driver to use the vehicle.
- An adult host who knowingly served alcohol at home to someone under 21.
- A government agency, if a dangerous road condition contributed.
Identifying every responsible party can increase the insurance coverage available to your family. Our article Hurt by a Drunk Driver? Your Rights and Options in Bakersfield discusses these issues further.
Deadlines for a Drunk Driving Wrongful Death Case
Families generally have two years from the date of death to file a lawsuit under Code of Civil Procedure section 335.1. Claims against a government agency usually require a written claim within six months. The criminal case does not pause these deadlines, so families should not wait for it to finish before speaking with a lawyer.
How Our Team Handles Drunk Driving Wrongful Death Cases
Our attorneys handle the civil case so your family can focus on grieving and healing. We obtain police reports, blood-alcohol results, and court records from the criminal case, identify every insurance policy and responsible party, and pursue full compensation. For an overview of the process, read our guide to wrongful death claims in California or our article on wrongful death claim steps.
Talk With a Bakersfield Wrongful Death Lawyer
No family should have to carry the weight of a drunk driver’s choice alone. At Colvin Accident Lawyers, we listen with compassion and fight for the accountability your loved one deserves. Learn more about our Bakersfield wrongful death lawyer services, or read what our clients say.
Call (661) 616-1177 or contact us online for a confidential consultation. We answer the phone 24/7.
