Los Angeles Drunk Driving Accident Lawyer

If a drunk driver hurt you or someone you love in Los Angeles, you have the right to seek compensation. California law lets you sue an impaired driver in civil court even before the criminal case ends. J&Y Law has represented drunk driving accident victims across Los Angeles and the rest of California. Call (877) 735-7035 for a free consultation. You pay no attorney fees unless we win your case. 

J&Y Law has recovered tens of millions of dollars for injury victims across California. Our attorneys handle every drunk driving claim on contingency, so you owe nothing upfront while your case moves forward. 

Identify a DUI Under California Law 

California Vehicle Code 23152 makes it illegal to drive with a blood alcohol concentration of 0.08 percent or higher. The limit drops to 0.04 percent for commercial drivers. A driver can also face DUI charges below 0.08 percent, because impairment by alcohol or drugs is enough on its own to prove the driver could not operate a vehicle safely. 

A DUI creates two separate cases. The criminal case punishes the driver and requires proof beyond a reasonable doubt. Your civil case seeks compensation for your injuries, and it only requires a preponderance of the evidence, a much lower standard to meet than in the criminal case. You can pursue compensation even if the driver was never convicted, pleaded to a lesser charge, or the criminal case is still pending. 

Los Angeles Leads California in Drunk Driving Crashes 

Los Angeles County recorded more alcohol-impaired traffic deaths than any other California county in 2022: 277 fatalities and 612 serious injuries. That comes from a University of California, Berkeley Safe Transportation Research and Education Center analysis of state and federal crash data, prepared through a grant from the California Office of Traffic Safety. Statewide, alcohol-impaired crashes killed 1,479 people that year and accounted for a third of all California traffic fatalities. 

The timing of these crashes shapes what evidence your case needs. More than half of California’s alcohol-impaired fatal crashes happen between 9 p.m. and 3 a.m. The single most dangerous window is Saturday midnight through 3 a.m. Sunday. The same data shows where these crashes happen: principal and minor arterial roads account for 46 percent of them combined, more than triple the 16 percent that happen on interstates. 

If your case goes to civil court, most unlimited personal injury lawsuits from crashes inside Los Angeles proper are filed in the Central District at the Stanley Mosk Courthouse in downtown LA. Venue can shift to a different district courthouse depending on exactly where your crash happened. 

Determine Who You Can Hold Liable 

While we start with the drunk driver, other parties may share responsibility. 

Bars and restaurants in California generally cannot be sued for serving alcohol to an adult who later causes a crash. Business and Professions Code 25602.1 creates one exception: a licensed seller can be held liable for serving an obviously intoxicated minor whose intoxication directly causes an injury.  

Private hosts follow a different rule under Civil Code 1714: the law generally shields social hosts, but a host can still be liable for knowingly serving alcohol at their home to someone they knew, or should have known, was under 21. 

If a rideshare driver caused your crash while impaired, the driver and potentially the rideshare company may be liable. Our rideshare accident page covers how those claims work. If the driver was working for a trucking company or another employer at the time, that employer may also face liability for negligent hiring or supervision. Our DUI truck accident page covers commercial vehicle cases in more detail. 

Many drunk drivers flee the scene. If yours did, our hit and run accident page explains how we work to identify a driver who left before police arrived. 

A vehicle owner can also share liability. If someone lent their car to a person they knew was too impaired to drive, California law allows a negligent entrustment claim against the owner in addition to a claim against the driver. Police reports, chemical test results, and witness statements from the scene often become the strongest evidence in these cases. Preserving that evidence quickly gives your attorney more to work with than in an ordinary crash claim. 

Recover the Compensation a Drunk Driving Crash Costs You 

You can recover compensatory damages for medical bills, lost income, and property damage. You can also recover damages for future treatment, lost earning capacity, and pain and suffering. Head and brain injuries are common in high-speed drunk driving crashes. Our brain and head injury page explains how we document these losses in detail. 

You may also recover punitive damages, which punish the driver rather than compensate you directly. Under Civil Code 3294, you must prove the driver acted with malice by clear and convincing evidence, a higher standard than in most injury cases. In Taylor v. Superior Court, the California Supreme Court held that driving while intoxicated can itself show a conscious disregard for other people’s safety, which can support a punitive damages claim. 

Many drunk drivers carry minimal insurance or none at all. Your own uninsured or underinsured motorist coverage, required under Insurance Code 11580.2, can fill that gap and pay what the at-fault driver’s policy cannot. 

If your loved one died in a drunk driving crash, our Los Angeles wrongful death page explains who can file and what damages are available. 

California’s Statute of Limitations 

Code of Civil Procedure 335.1 gives you two years from the date of the crash, or two years from the date of death in a wrongful death case, to file a lawsuit. The clock keeps running even while you negotiate with an insurance company. Miss the deadline and the court will almost certainly dismiss your case, regardless of how strong the evidence is. 

Two exceptions can change your timeline. If the injured person was a minor at the time of the crash, the two-year clock generally pauses until they turn 18. If a government entity or employee played a role in your crash, you must usually file an administrative claim within six months, long before the standard deadline runs. An attorney can confirm which deadline applies to your case. 

Common Questions From Los Angeles Drunk Driving Victims 

Do I need the driver to be convicted of DUI before I can sue? No, your civil case moves independently of the criminal case, and you only need to prove the driver’s conduct caused your injury by a preponderance of the evidence. 

Can I sue the bar or party host who served the driver? You can sue a server only in narrow circumstances involving a minor. A bar or restaurant can be liable for serving an obviously intoxicated minor, and a private host can be liable for knowingly serving alcohol to a minor at their home, even without visible intoxication. California law otherwise shields servers from liability for an adult’s later actions. 

What if the drunk driver has no insurance? Your own uninsured or underinsured motorist coverage may apply. We review your policy to identify every source of recovery available to you. 

How long do I have to file a claim? You generally have two years from the date of the crash, though claims involving minors or government entities follow different deadlines. 

What should I do right after the crash? Get medical care first, even if you feel fine, since some injuries take hours to show up. Call the police so they can document the driver’s impairment and speak with an attorney before you give a recorded statement to any insurance company. 

Call J&Y Law Today 

You do not have to deal with the insurance company, the medical bills, or the legal deadlines alone. J&Y Law fights for full compensation for your medical bills, lost income, and pain and suffering. Call (877) 735-7035 for a free consultation. You pay no attorney fees unless we win your case.