Can You Sue a Drunk Driver Who Hit You in California?
Home / Can You Sue a Drunk Driver Who Hit You in California?
This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
Can You Sue a Drunk Driver Who Hit You in California?
Yes. If a drunk driver hit you in California, you can sue them for your injuries and losses, and because driving drunk is treated as malice under state law, you may also recover punitive damages, which are rare in ordinary car accident cases. This guide explains your right to sue, why DUI cases are uniquely strong, how punitive damages work, whether a bar or host can also be liable, and the deadline to file. It is general legal information; for advice about your situation, speak with a car accident attorney.
Can you sue a drunk driver who hit you in California?
Yes. A drunk driver who injures you is liable for your damages just like any other negligent driver, and your civil case is completely separate from the criminal DUI case. You do not have to wait for the criminal case to finish, and you can sue even if the driver is never criminally convicted.
In fact, DUI cases are often stronger than ordinary crash claims. If the driver is convicted of DUI, that conviction is admissible in your civil case as evidence of negligence, which usually removes any real dispute about fault and lets the case focus on the value of your injuries.
Can you get punitive damages from a drunk driver?
Usually, yes. Under California Civil Code section 3294, punitive damages are available when a defendant acts with malice, meaning a conscious disregard for the safety of others. Since the California Supreme Court's 1979 decision in Taylor v. Superior Court, driving while intoxicated has been treated as exactly that kind of conduct, so DUI injury cases can support punitive damages in a way ordinary negligence cases cannot.
Two features make punitive damages especially powerful in DUI cases:
They are not capped in an ordinary injury case, and are meant to punish the driver and deter similar conduct, on top of your compensatory damages.
They cannot be paid by insurance. Under California law, a liability policy does not cover punitive damages, so the drunk driver is personally on the hook. That personal exposure often pressures the driver and insurer toward a larger settlement.
What compensation can you recover after a DUI accident?
A DUI accident claim generally runs on two tracks at once. The first is compensatory damages, the same losses you would recover in any crash. The second is punitive damages tied to the driver's misconduct. Compensatory damages include:
Medical expenses, current and future
Lost wages and reduced earning capacity
Property damage
Pain and suffering, with no cap in an ordinary injury case
If a loved one was killed by a drunk driver, surviving family members may bring a wrongful death claim under Code of Civil Procedure section 377.60, and the estate may also pursue a survival action. You may also be entitled to restitution ordered in the criminal case, which is separate from your civil recovery.
Can you sue the bar or person who served the drunk driver?
Usually not, because California's "dram shop" rule is narrow. Under Business and Professions Code sections 25602 and Civil Code 1714, a bar, restaurant, store, or social host generally is not liable for simply serving alcohol to an adult who later drives drunk. The law treats the drinking, not the serving, as the cause.
There is one main exception. Under Business and Professions Code section 25602.1, a licensed seller (or anyone) who serves an obviously intoxicated minor who then causes a crash can be held liable. A social host can also face liability under Civil Code 1714 for knowingly serving alcohol to a minor. Because a commercial establishment carries much larger insurance than an individual driver, it is always worth having an attorney check whether this narrow exception applies.
What if the drunk driver was working at the time?
If the drunk driver was acting within the scope of a job when the crash happened, their employer may also be liable through vicarious liability, which brings a commercial insurance policy into the case. An employer can even face its own punitive damages if it knew the employee had a history of drunk driving and let them drive anyway. Identifying every source of coverage, the driver, an employer, or in narrow cases a server, is a central part of a DUI accident claim.
How long do you have to sue a drunk driver in California?
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of the crash to file a personal injury lawsuit, or two years from the date of death for a wrongful death claim. The deadline is much shorter, as little as six months, if a government entity was involved, such as a government-employee driver on the job. The clock runs from the date of the crash regardless of the status of the criminal case, so it is best to speak with an attorney promptly.
What should you do if a drunk driver hits you?
Call 911 right away and make sure the police document any signs the other driver was impaired, this creates the record your civil case will rely on. Get medical attention even if you feel fine, photograph the scene and vehicles, and collect witness contact information. Do not give a recorded statement to the driver's insurer before speaking with a lawyer, and keep records of all your treatment and expenses.
How do you choose a DUI accident lawyer in California?
Look for an attorney who handles DUI victim and serious injury cases, works on a contingency fee basis (no fee unless they recover for you), and can pursue both the compensatory and punitive tracks, including checking for employer or dram shop coverage. Because punitive damages are not insured, an experienced attorney knows how to use that personal exposure to push for full compensation.
Cefali & Cefali represents people hurt by drunk drivers across California. To learn more, see our Orange County personal injury page, or call (949) 325-7790 for a free, no-pressure consultation.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
Search Our Site
Schedule Your FREE Consultation
"*" indicates required fields
Practice Areas
Follow Us
Why Choose Cefali & Cefali Personal Injury Lawyers
We litigate and the insurance companies know it.
Unparalleled client communication leads to better results.
Down to earth attorneys who listen and care.
We get great results.
We have a fantastic team of paralegals and other friendly support staff.
We take the tough cases other firms reject.
No out of pocket - no win no charge.
100% free consultation
Contact Us Today
Start your no-obligation consultation with us by filling out the form below and we will contact you about your case within 24 hours.
