A drunk driver made a choice that hurt you, and now you are the one dealing with the hospital bills, the missed work, and the long road back. That is not fair, and you do not have to face it alone.
If an impaired driver hurt you, a California drunk driving accident lawyer at Berg Injury Lawyers can help you understand your rights and pursue the compensation you deserve. For over 45 years, our firm has stood up to insurance companies on behalf of injured Californians. We handle these cases on a contingency basis, so you pay nothing out of pocket to get started. That is the promise behind our No Fee Guarantee®: if you don’t win (your case), you pay nothing.
Contact us today for a free consultation.
Drunk Driving Laws in California and What They Mean for Your Claim
In 2023, 1,355 people were killed in alcohol-involved crashes on California roads, according to the California Office of Traffic Safety. Thousands more were injured. Unfortunately, every year, some drivers choose to ignore the California law that makes it illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher if you are 21 or older.
The limit is stricter for others. Commercial drivers face a 0.04% limit, and drivers under 21 are held to a near-zero-tolerance standard of 0.01%. A driver can also be impaired, and legally at fault, at levels below these numbers.
When a driver breaks these laws and causes a crash, that violation can serve as strong evidence of negligence in your injury claim. This is one reason drunk driving cases can be different from ordinary car accident claims. A DUI arrest, a failed breath or blood test, or a conviction can give your claim a solid foundation, because the driver was doing something the law clearly forbids. Under a legal idea sometimes called negligence per se, breaking a safety law and causing the kind of harm that law was meant to prevent can help establish that the driver was at fault.
It also helps to understand that the criminal case and your civil claim are two separate matters. The criminal case is the state prosecuting the driver, which can lead to fines, license suspension, or jail time. Your civil claim is about recovering money for your injuries and losses. You do not need the driver to be criminally convicted, or even charged, to pursue compensation. A civil claim uses a lower standard of proof than a criminal conviction, so the two cases move on their own separate tracks.
Common Injuries and Damages in Drunk Driving Crashes
Because impaired drivers often speed, drift across lanes, or drive the wrong way, the crashes they cause tend to be violent. The injuries can be serious, expensive to treat, and in the worst cases, fatal. Getting medical care right away protects both your health and your claim, because it creates a record that ties your injuries to the crash.
Common injuries in drunk driving crashes include:
- Traumatic Brain Injuries: A blow to the head can cause lasting problems with memory, focus, and mood. Our traumatic brain injury page explains these injuries in more depth.
- Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis and a lifetime of care.
- Broken Bones and Internal Injuries: High-speed impacts can fracture bones and damage organs, sometimes requiring surgery and months of recovery.
- Soft-Tissue Injuries: Whiplash and torn muscles or ligaments can cause pain and limited movement that linger long after a crash.
- Emotional Trauma: Many survivors develop anxiety, depression, or post-traumatic stress after a violent collision.
The severity of your injuries shapes what your claim can pursue. A drunk driving injury claim may seek compensation for medical bills, future care costs, lost wages, reduced earning ability, property damage, and pain and suffering. When a crash takes a life, surviving family members may be able to bring a wrongful death claim for their losses.
Due to the complexity of the calculations, it helps to have an experienced lawyer put a full and fair value on your claim, including future costs you might not anticipate, rather than accepting an insurer’s first number.
Who Is Liable for a Drunk Driving Accident in California
The drunk driver is the most obvious party responsible for your injuries, but they are not always the only one. Identifying every source of responsibility can matter a great deal, especially when the driver carries little or no insurance and their coverage cannot pay for everything you have lost.
- The Impaired Driver: In most cases, the person who chose to get behind the wheel while impaired bears responsibility for the harm they caused.
- Bars, Restaurants, and Alcohol Vendors: California heavily limits when a business that serves alcohol can be held responsible, but an exception applies when a vendor serves alcohol to an obviously intoxicated minor who then causes a crash.
- Social Hosts: Private individuals who serve alcohol are also generally shielded from liability in California, with a similar narrow exception involving obviously intoxicated minors.
- Employers: If the drunk driver was working at the time of the crash, such as making a delivery or driving for a rideshare company, the employer may share responsibility for your injuries.
Sorting out who is liable takes investigation. We can review the facts of your crash to help identify every party who may owe you compensation. Bringing in an employer or vendor can also open up additional insurance coverage, which is often the difference between a settlement that covers your losses and one that falls short.
What to Expect When You File a Drunk Driving Injury Claim
Every case is different, but most drunk driving injury claims follow a similar path. Knowing the steps can make the process feel less overwhelming while you focus on healing.
It usually starts with preserving evidence. Police reports, the results of any breath or blood testing, witness statements, photos of the scene, and nearby camera footage all help establish what happened. This is why acting sooner rather than later matters. Physical evidence can disappear, vehicles get repaired, and witnesses’ memories fade with time. The earlier the facts are documented, the stronger your claim tends to be.
From there, your lawyer typically notifies the insurance companies, collects your medical records, and calculates the full extent of your losses. Most claims are resolved through negotiation with the insurer. If the insurance company refuses to offer a fair amount, your lawyer can file a lawsuit and take the case to court. Working with a firm that is ready to go to trial often strengthens your position at the negotiating table.
Do not be surprised if the insurer tries to shift some of the blame onto you. Even in a drunk driving crash, insurance companies look for ways to reduce what they pay. California follows a pure comparative negligence rule, which means that even if you are found partly at fault, you can still recover, with your compensation reduced by your share of the blame. An experienced lawyer can push back on unfair blame and protect the value of your claim. Be careful about giving a recorded statement to the other driver’s insurance company before you understand your rights, because those early conversations can be used to reduce your payout.
We Handle Drunk Driving Crashes Across the State
Berg Injury Lawyers has served California for over 45 years, with offices in Alameda, Sacramento, Modesto, and Fresno. We know the roads where these crashes happen and the hospitals where the injured are taken.
In the Bay Area and East Bay, impaired-driving crashes are a familiar danger on I-880, the Nimitz Freeway, and on I-80 heading toward the Bay Bridge. Late-night collisions on these corridors often send the most seriously hurt to Highland Hospital in Oakland, the East Bay’s only Level I trauma center.
Through the Central Valley, State Route 99 is one of the busiest and most dangerous highways in the state. It runs the length of the region, connecting Modesto and Fresno, and it sees a heavy share of alcohol-involved crashes. Victims in the Modesto area are often treated at Doctors Medical Center, the county’s designated trauma center, while the most serious injuries around Fresno go to Community Regional Medical Center, the only Level I trauma center serving the central San Joaquin Valley.
Around Sacramento, US-50 and I-5 carry heavy traffic through and around the capital, and impaired drivers add real risk on these routes, especially at night and on weekends. Serious crash victims in the region are frequently taken to UC Davis Medical Center, the area’s only Level I trauma center.
Wherever your crash happened in Northern California or the Central Valley, we can come to you, including at the hospital or your home if your injuries make travel difficult.
Frequently Asked Questions
What If the Drunk Driver Has No Insurance?
It is a real and frustrating problem, because many impaired drivers carry little or no coverage. If that happens, your own uninsured motorist coverage may step in to help pay for your injuries. California requires insurers to offer this coverage, although drivers can waive it in writing. Checking your own policy is one of the first things worth doing after a crash with an uninsured or underinsured driver.
Can a Passenger File a Claim?
Yes. If you were a passenger, you can generally pursue compensation no matter which vehicle you were riding in. That includes passengers in the drunk driver’s car and passengers in another vehicle that was struck. Because you did not cause the crash, your path to a claim is often more straightforward than a driver’s. If a friend or family member was the one driving, you can still file a claim, though it is worth talking with a lawyer first about how that may affect your options.
Can I Sue for Injuries From a Drunk Driving Accident in California?
Yes. If a drunk driver injured you, you can pursue a civil claim for your medical bills, lost income, and pain and suffering. This is separate from any criminal charges the driver faces, and you can seek compensation whether or not the driver is convicted.
Can I File a Claim if I Was a Passenger in a Drunk Driving Accident?
Yes. As a passenger, you can generally file a claim no matter which vehicle you were riding in, including the drunk driver’s car. Because you did not cause the crash, your claim is often more straightforward than a driver’s.
Does the Other Driver Need to be Convicted of a DUI for Me to Recover Compensation?
No. A criminal conviction is not required for your civil claim. A civil case uses a lower standard of proof, so you may recover compensation even if the driver is never charged or is found not guilty in criminal court.
Talk to a California Drunk Driving Accident Lawyer Today
A drunk driver turned your life upside down, but you do not have to sort out the aftermath by yourself. Berg Injury Lawyers has spent over 45 years helping injured Californians hold impaired drivers accountable and pursue the compensation they need to move forward.
We can review your crash, answer your questions, and deal with the insurance companies while you focus on getting better. You risk nothing by talking to us. With our No Fee Guarantee, if you don’t win (your case), you pay nothing.
If a drunk driver hurt you or someone you love, contact Berg Injury Lawyers today for a free consultation. Get Berg!
