If a drunk or drugged driver hit you in San Juan Capistrano, you can bring a civil claim against that driver for your medical bills, lost income, and pain and suffering, and in many cases for punitive damages as well. That claim is separate from the criminal case, and you can pursue it whether or not the driver is convicted.
Cefali & Cefali represents people injured by impaired drivers. We do not defend drivers charged with DUI. Our office is at 27136 Paseo Espada, Suite 1123, San Juan Capistrano. Call (949) 325-7790 for a free consultation. You pay no attorney fee unless we recover compensation for you.
Why DUI Accidents Are So Serious
Alcohol and drugs slow reaction time, blur judgment, and lead to speeding, wrong-way driving, and running red lights. Impaired drivers often do not brake before impact, so DUI crashes tend to be more violent than ordinary collisions.
Higher Risk of Severe Injuries
Victims of drunk driving crashes face a higher risk of traumatic brain injuries, spinal cord damage, broken bones, and internal injuries. In San Juan Capistrano, many of these crashes happen at night on the I-5, on Ortega Highway, and on Camino Capistrano and Del Obispo Street near downtown restaurants and bars. Seriously injured victims are usually taken to Mission Hospital in Mission Viejo, South Orange County's trauma center.
Criminal Charges Against the Driver
- Arrest: San Juan Capistrano contracts with the Orange County Sheriff's Department for police services, so deputies handle DUI crashes on city streets. The California Highway Patrol handles crashes on the I-5 and Ortega Highway.
- Charges: The Orange County District Attorney decides what charges to file. Driving under the influence is a crime under Vehicle Code § 23152.
- DUI causing injury: When an impaired driver injures someone, prosecutors can charge DUI causing injury under Vehicle Code § 23153, which can be filed as a felony.
- Conviction: A guilty plea or conviction can be strong evidence in your civil case, but you do not need one to win.
Challenges With Insurance Companies
Even when the driver is arrested, the insurance company will still try to pay as little as possible. Adjusters may argue your injuries are not serious or that you share the blame. Because California does not allow insurance to pay punitive damages, recovering everything you are owed can require looking beyond the driver's policy.
Your Civil Claim vs. the Criminal Case
- Different purpose. The criminal case punishes the driver. Your civil claim compensates you.
- Lower burden of proof. A criminal conviction requires proof beyond a reasonable doubt. A civil claim requires only a preponderance of the evidence, so you can win even if the driver is acquitted or the charges are reduced.
- Restitution is limited. A criminal court can order restitution for certain out-of-pocket losses, but it does not cover pain and suffering. Your civil claim can.
- Your deadline keeps running. You generally have two years from the crash to file a lawsuit, even if the criminal case is still pending.
For more on these claims, see our guide: Can you sue a drunk driver?
How a DUI Accident Attorney Can Help
A DUI accident attorney represents you, the injured person, against the impaired driver and their insurer. We build the case, deal with the insurance companies, and protect you from tactics meant to reduce your claim.
Investigating the Crash
We obtain the Sheriff's or CHP crash report, the DUI arrest report, photos, video, and witness statements. We also follow the criminal case so that evidence developed there can support your civil claim.
Proving the Driver Was Impaired
Blood or breath test results, field sobriety test notes, officer observations, bar or restaurant receipts, and the driver's own statements can show the driver was impaired. When needed, we work with experts to explain how impairment caused the crash.
Finding Every Source of Recovery
Drunk drivers often carry only minimum insurance. We look at the driver's policy, an employer's policy if the driver was working, the vehicle owner's coverage, and your own uninsured and underinsured motorist coverage. California law generally does not hold bars or party hosts liable for serving an adult who later drives drunk, but there are exceptions, such as selling alcohol to an obviously intoxicated minor or a host furnishing alcohol to someone under 21.
Negotiating With Insurance Companies
We document your medical bills, lost wages, property damage, pain and suffering, and future needs, then negotiate from that evidence. We do not accept offers that leave your losses unpaid.
Filing Suit and Going to Court If Necessary
If the insurer will not pay fairly, we file a lawsuit in Orange County Superior Court and prepare the case for trial, including a claim for punitive damages when the facts support it.
Types of Compensation Available After a DUI Accident
If you were hurt in a DUI crash in San Juan Capistrano, California law lets you recover both your financial losses and the personal impact of your injuries. Learn how economic and non-economic damages differ.
Medical Expenses
Ambulance rides, emergency care, surgery, medication, physical therapy, and future treatment are all recoverable. We document both the bills you have now and the care you are likely to need later.
Lost Wages and Future Earning Capacity
You can recover paychecks you missed and the income you will lose if your injuries limit your ability to work, including lost bonuses, tips, and career advancement.
Pain and Suffering
Physical pain, anxiety, post-traumatic stress, fear of driving, and the loss of activities you enjoyed are compensable non-economic damages. One California rule matters here: an uninsured driver usually cannot recover pain and suffering (Proposition 213), but that limit does not apply when the at-fault driver is convicted of DUI for the crash.
Property Damage
You can recover the cost to repair or replace your vehicle, towing, a rental car, and personal items damaged in the crash.
Punitive Damages
Under Civil Code § 3294, punitive damages can be awarded when a defendant acts with malice, which includes a willful and conscious disregard for the safety of others. California courts have recognized that choosing to drive while intoxicated can meet that standard. Punitive damages punish the driver rather than compensate you, and California does not allow insurance to cover them, so the driver must pay them personally.
If a drunk driver took the life of someone you love, see our San Juan Capistrano wrongful death lawyers page.
FAQs
What makes DUI accident cases different from regular car accidents?
The driver's impairment is strong evidence of fault, there is usually a parallel criminal case, and punitive damages may be available. A DUI conviction also removes the Proposition 213 limit for victims who were uninsured.
What if the drunk driver was driving a commercial vehicle?
An employer is generally responsible for an employee's negligence on the job, and commercial drivers face stricter alcohol limits and testing rules. The company may also be liable for hiring or keeping an unsafe driver, which can add insurance coverage for your claim.
Can I still get compensation if the driver is facing criminal charges?
Yes. Your civil claim is separate from the criminal case and uses a lower standard of proof. You can pursue it whether or not the driver is convicted, and your two-year deadline keeps running during the criminal case.
Can I sue the bar that served the drunk driver?
Usually not. California generally does not hold bars or hosts liable for serving an adult who later causes a crash. The main exceptions involve selling alcohol to an obviously intoxicated minor or a host providing alcohol to someone under 21.
How much does it cost to talk to a DUI accident lawyer?
Nothing. The consultation is free, and Cefali & Cefali works on a contingency fee, so you pay no attorney fee unless we recover compensation for you.
Contact Our San Juan Capistrano DUI Accident Attorney Today
If you were hurt because someone chose to drive impaired, you do not have to deal with the insurance companies alone. Our team will explain your rights, handle the claim, and pursue the compensation you need to recover.
The consultation is free, and you pay nothing unless we recover money for you. Call (949) 325-7790 or contact us online. For other crashes, see our San Juan Capistrano car accident attorney page.
