Hurt by a Drunk Driver? Talk to Colvin Accident Lawyers Today

Drunk Driver Car Accident Claim California

A drunk driver car accident claim California victims can file is a civil case. It asks the at-fault person to pay for the harm a crash caused, such as medical bills, lost income, and pain. It runs separately from any criminal DUI case. This guide explains who may be responsible, what damages may be part of a claim, and why early steps matter. It is general information, not legal advice about your situation.

What Is a Drunk Driver Car Accident Claim California, and Who Can File?

A civil claim is a request for money from the person who caused your injuries. It is not a criminal case. The state brings criminal charges.

Driving under the influence is unlawful in California. Vehicle Code 23152 makes it unlawful to drive under the influence of alcohol or with 0.08 percent or more, by weight, of alcohol in the blood. Vehicle Code 23153 addresses driving under the influence that causes bodily injury to another person. Those sections describe the conduct the criminal system addresses. A civil claim asks a different question: whether the driver’s carelessness caused your harm.

People who may file include drivers, passengers, pedestrians, and cyclists hurt in a crash. Each person’s rights depend on the facts, including how the crash happened and who was hurt.

Who Can Be Held Responsible After a Drunk Driver Crash?

The impaired driver is the first person to look at, and other parties may share responsibility depending on the facts. California law makes people responsible for injuries caused by a lack of ordinary care. Civil Code 1714 states this general rule.

Other possible parties include:

• An adult host who knowingly gave alcohol to a person under 21 at a home. Civil Code 1714 generally bars claims against social hosts, with that narrow exception.

Civil Code 1431.2 addresses actions for personal injury, property damage, or wrongful death based upon principles of comparative fault. In those actions, a defendant’s liability for non-economic damages is several only and is limited to that defendant’s percentage of fault.

Whether any party shares fault depends on the facts. A lawyer reviews those facts for each situation.

What Compensation May a Drunk Driver Crash Claim Cover?

Damages are the money awarded for harm a crash caused. Harm falls into two main groups.

Economic losses are objectively verifiable money losses. These include medical expenses, lost earnings, and costs to repair or replace property. Civil Code 1431.2 defines these terms.

Non-economic losses are subjective harms. These include pain, suffering, emotional distress, and loss of companionship. Under the same statute, each defendant pays only its share of non-economic damages, based on its percentage of fault.

Some California rules limit recovery in certain situations involving impaired driving, and those rules depend on the facts. Ask a lawyer how they may apply to your situation.

Punitive damages are different. Civil Code 3294 allows them only with clear and convincing evidence of oppression, fraud, or malice. Whether that applies depends entirely on the facts.

No dollar figure can be predicted from a web page. The value of any claim depends on injuries, medical records, evidence, and how fault is shared.

What Are the Steps and Deadlines in a Drunk Driver Claim?

Most claims move through medical care, evidence gathering, an insurance claim, negotiation, and, if needed, a lawsuit. Timing depends on the injuries and the evidence.

Typical steps include:

1. Get medical care and keep records. Save bills, appointment notes, and proof of missed work.
2. Preserve evidence. Police reports, photos, vehicle data, and any blood-alcohol results matter.
3. Notify the insurers. The claim goes to the at-fault driver’s insurer.
4. Investigate and negotiate. The losses are documented and the claim’s value is discussed.
5. File a lawsuit if a fair resolution is not reached.

Common mistakes include waiting to start, losing records, and posting about the crash online. Complex cases can take months or longer.

Deadlines matter. Code of Civil Procedure 335.1 provides that an action for injury to an individual caused by the wrongful act or neglect of another must generally be filed within two years. A claim against a public entity, such as a city or county, can follow different timing rules, so ask about that question early.

How Should You Handle Insurance Calls and Recorded Statements?

Limit what you say to any insurer until you understand your claim, because early words can be used later. Insurers often ask for a recorded statement soon after a crash.

• Keep answers to facts. Don’t guess about speed, injuries, or who was at fault.
• Don’t sign a release until you read and understand it.
• Check your own policy. Uninsured or underinsured motorist coverage may help when the impaired driver has little or no insurance. Terms vary by policy.
• Keep a file with photos, bills, letters, and notes about your pain and daily limits.

Ask the other driver’s insurer to confirm information in writing. Written records are easier to review later.

Why Talk With Colvin Accident Lawyers About Your Claim?

Colvin Accident Lawyers is a personal injury practice based in Bakersfield, California. It represents accident victims and families in car, truck, motorcycle, bicycle, pedestrian, bus, train, dog bite, premises liability, catastrophic injury, and wrongful death cases. Donald Norman Colvin is the lawyer at the practice. Our team includes support staff who help with office tasks and scheduling.

The first step is a free, confidential, no-obligation initial consultation. You can ask about your facts, deadlines, and options before you decide anything. Bring whatever records you have, even if they feel incomplete.

No lawyer can ensure a particular result. Each case depends on its own facts, evidence, and injuries.

Common Questions About Drunk Driver Car Accident Claims

Short answers to common questions appear below.