A drunk driver can face criminal charges, but a prosecution does not replace your claim for medical expenses, lost income, and other losses. At Sweet James, our drunk driving accident lawyers in Los Angeles help injured people pursue compensation through insurance claims and civil lawsuits.
Our founding attorney, James Bergener, previously represented insurance carriers in personal injury and workers’ compensation cases. His background provides insight into how insurers defend claims, including disputes over who caused a collision and how much an injured person should receive.
Contact a Los Angeles car accident lawyer at Sweet James for a free consultation. We can explain your options without waiting for the criminal case to conclude.
Protecting Your Health and Your Claim After a Crash
Call 911 if anyone is injured, and tell responding officers about specific signs of impairment you observed. Describe the driver’s behavior accurately without confronting them. Our California car accident lawyers can investigate the claim once your immediate medical needs are addressed.
Follow emergency responders’ instructions about treatment and transportation. Los Angeles General Medical Center is one of the county’s facilities providing emergency care. Wherever you receive treatment, explain how the collision occurred and report new or worsening symptoms to your provider.
When safe, collect and preserve:
- Photographs of vehicle damage, traffic signals, road conditions, and visible injuries.
- Witness names and contact information.
- The driver’s insurance and vehicle details.
- The responding agency’s name and collision report number.
- Medical records, receipts, and documents showing missed work.
How a Civil Claim Differs From a DUI Prosecution
Prosecutors pursue criminal charges on behalf of the government. Our car accident lawyers pursue your civil claim for compensation. These proceedings can move forward separately, and you do not necessarily need a DUI conviction to establish the driver’s liability.
Civil liability generally requires proof that your account is more likely true than not. Criminal charges require proof beyond a reasonable doubt. An arrest alone does not establish your claim; we still need evidence connecting the driver’s conduct to the collision and your injuries.
A criminal case can produce useful evidence, including officer testimony and chemical test results. Restitution may also cover certain financial losses, but it does not replace a full assessment of your civil claim. Overlapping payments must be accounted for to prevent duplicate recovery.
How Our Los Angeles Drunk Driving Accident Lawyers Prove Fault
Evidence that a driver consumed alcohol does not explain every aspect of a crash. Our Los Angeles drunk driving accident attorneys also investigate the driving conduct that caused the impact, such as running a red light, crossing into opposing traffic, or failing to brake.
Depending on the circumstances, useful evidence may include:
- Officer observations and field sobriety test records.
- Available breath or blood test results.
- Witness accounts of the driver’s behavior before and after the crash.
- Dashcam, business security, or other recordings.
- Vehicle damage, debris, and electronic vehicle data.
We consider test timing and other evidence together rather than relying on one result. Recordings and vehicle evidence should be preserved early. When accounts conflict, an accident reconstruction professional may help explain vehicle movement and the sequence of impacts.
Who Else May Be Responsible for a Drunk Driving Accident?
The driver is not always the only person or business legally responsible. Our Los Angeles personal injury lawyers review vehicle ownership, employment relationships, and other facts that may support an additional claim.
Employers and Vehicle Owners
An employer may be liable when an employee causes a collision while performing work duties. Vehicle owners may also face liability under California’s permissive-use rules, subject to statutory limits.
A separate negligent entrustment claim may apply when someone provides a vehicle to a driver they know, or should know, cannot operate it safely. That claim requires evidence connecting the decision to provide the vehicle with the resulting harm.
Businesses and Social Hosts That Furnished Alcohol
California generally protects alcohol providers from civil liability for injuries caused by the person who drank. A bar or party host is therefore not automatically responsible for a guest’s collision.
Narrow exceptions involve certain circumstances in which alcohol is furnished to minors. We review the driver’s age, the identity of the person who supplied the alcohol, and the circumstances of service before determining whether such a claim is supported.
Compensation Available After a Drunk Driving Crash
Your claim should address the losses caused by the collision, including future needs supported by evidence. Our drunk driving accident attorneys serving Los Angeles document those losses through treatment records, employment information, and an account of how your injuries affect daily life.
Medical Expenses and Lost Earnings
Recoverable losses may include emergency care, surgery, medication, rehabilitation, and income lost during recovery. Lasting injuries may also support claims for future treatment and reduced earning capacity. Medical opinions and employment evidence help establish those future losses.
Pain and Suffering
Compensation may address physical pain, emotional distress, and loss of enjoyment of life. Specific examples, such as difficulty sleeping or an inability to resume regular activities, help explain these effects.
California restricts noneconomic damages for certain uninsured owners and drivers. A statutory exception may apply to an injured uninsured vehicle owner when the responsible motorist is convicted of a qualifying DUI offense arising from the crash. We review eligibility individually.
Punitive Damages
Punitive damages punish qualifying misconduct rather than reimburse your losses. California requires clear and convincing evidence of malice, oppression, or fraud.
In a drunk driving case, the evidence may support a finding of conscious disregard for others’ safety. Punitive damages are not automatic, however, and intoxication alone does not settle the issue. Their availability and collectability require separate analysis.
Insurance Disputes and Allegations of Shared Fault
An impaired driver’s insurer can still dispute the cause of the collision, your treatment, or the amount of your losses. We respond with evidence and explain how the injuries affected your health, work, and daily activities.
California’s pure comparative negligence rule generally reduces compensation by your percentage of responsibility. Sharing fault does not automatically prevent recovery. We challenge unsupported allegations rather than accepting the insurer’s assessment simply because it appears in a settlement offer.
Available insurance also affects recovery. Your uninsured or underinsured motorist coverage may apply if the driver lacks sufficient insurance, subject to California law and policy terms. Before you sign a release, we can review its effect on other claims and explain any liens or repayment obligations.
California Deadlines for Drunk Driving Injury Claims
California generally allows two years from the date of injury to file a personal injury lawsuit. Exceptions can affect that period, including rules involving minors and certain felony convictions. Do not assume that a pending DUI prosecution extends every civil deadline.
Claims against California public entities usually require an administrative claim within six months, followed by separate lawsuit deadlines. Insurance policies and uninsured motorist claims can also require notice or formal action within different time limits.
A drunk driving accident attorney in Los Angeles can review these deadlines while treatment continues. Waiting for a final prognosis or an insurance response can leave less time to preserve evidence and prepare the necessary filings.
Speak With a Drunk Driving Accident Attorney in Los Angeles
Sweet James focuses exclusively on accident and personal injury cases. We can investigate the collision, handle insurance communications, and prepare your claim for settlement negotiations or litigation. You will have the opportunity to discuss an offer and decide whether to accept it.
Your first consultation is free. Tell us when the crash occurred, what treatment you have received, and whether police or an insurer have contacted you. We can identify the next steps even if you do not yet have the collision report.
Call Sweet James to discuss your Los Angeles drunk driving accident claim. Our team is available 24/7 to receive calls, and assistance is available in Spanish. You pay no fees or costs unless we win.
