A Drunk Driver Hit You. California Law Gives You More Options Than You Think.
When fault is this clear, the stakes are higher — and so is what you may be owed. As a drunk driving victim in California, you may be entitled to punitive damages on top of your medical bills, lost income, and pain and suffering. Most victims never know to ask for them.
What California Law Allows in Drunk Driving Injury Cases
Drunk driving accident cases are not ordinary personal injury claims. Under California Civil Code Section 3294, victims injured by an intoxicated driver may be entitled to punitive damages — a category of compensation specifically designed to punish egregious conduct and deter it in the future. These damages are separate from and in addition to your compensatory damages, and they are not available in a typical car accident case.
Compensatory Damages
These cover the real, measurable losses you have suffered: emergency and ongoing medical care, lost wages, reduced earning capacity, property damage, and pain and suffering. In a serious DUI crash, these figures can be substantial on their own.
Punitive Damages
California courts can award punitive damages when a defendant's conduct was malicious, oppressive, or fraudulent. Driving drunk qualifies. This is one of the most important distinctions between a DUI injury claim and a standard car accident claim — and one of the most overlooked.
Underinsured Motorist Coverage
When the at-fault driver does not carry enough insurance to cover your losses, your own underinsured motorist (UIM) policy may fill the gap. We review every available coverage layer, including your own policy, to make sure nothing is left on the table.
Dram Shop Liability
California's dram shop laws allow victims to pursue claims against the bar, restaurant, or other establishment that over-served the driver before the crash. If a business continued serving someone who was visibly intoxicated, they may share in the liability. One drunk driver can open more than one source of recovery.
Your Civil Claim Does Not Wait for the Criminal Case
One of the most damaging mistakes we see is victims waiting for the criminal DUI case to resolve before contacting an attorney. The reasoning is understandable — if the driver is convicted, the civil case should be easier, right? The problem is that the two cases run on completely separate clocks.
California's civil statute of limitations for personal injury is two years from the date of the accident. That deadline does not pause while a criminal prosecution moves through the courts. DUI criminal cases routinely take a year or more to resolve — sometimes longer. By the time a conviction comes down, your window to file a civil claim may be closing fast, and critical evidence may have disappeared.
You do not need a criminal conviction to win a civil case. The legal standards are different. In a civil claim, we need to show that the driver's negligence caused your injuries — not that they were guilty beyond a reasonable doubt. Acting early means we can preserve evidence, secure witness statements, and build the strongest possible case on your behalf.
Where Drunk Driving Accidents Happen Most in San Diego
Drunk driving crashes are not evenly distributed across the city. San Diego's most active nightlife corridors and late-night travel routes see a disproportionate share of DUI-related collisions. The Gaslamp Quarter, Mission Valley, and the I-8 corridor during late-night and early-morning hours are among the areas where intoxicated drivers most frequently cause serious crashes.
If you were injured on one of these routes — or anywhere else in San Diego County — the location matters for building your case. Surveillance footage, traffic camera data, and witness availability are all time-sensitive. The sooner we begin, the more we can recover and preserve.
Why Victims Work With Us After a DUI Crash
Before founding this firm, Brennan Quigley spent years on the other side of these cases — working for insurance companies, learning exactly how they evaluate claims, where they look for weaknesses, and how they decide what to offer. That experience is now entirely in your corner.
We keep our caseload deliberately small so that every client works directly with Brennan — not a paralegal, not a junior associate. When you have questions about where your case stands or what a settlement offer actually means, you get a real answer from the attorney handling your case.
- Direct access to Brennan throughout your case
- Former insurance defense experience applied to your recovery
- No fees unless we recover for you
- Free consultation with no obligation
Contact Us Today
You already know the driver was at fault. What you may not know is the full scope of what California law allows you to recover. We offer free consultations with no obligation, and we do not charge any fees unless we recover for you. Call us at (619) 413-4405 or submit the contact form below and we will be in touch promptly.
Frequently Asked Questions About Drunk Driving Accident Claims in San Diego
Can I sue a drunk driver in California even if they were not criminally convicted?
Yes. A civil personal injury claim is entirely separate from a criminal DUI prosecution. The legal standard in a civil case is lower — we do not need to prove guilt beyond a reasonable doubt, only that the driver's negligence caused your injuries. Many successful civil claims proceed without a criminal conviction, or even when criminal charges were never filed.What if the drunk driver's insurance doesn't cover the full damages?
You may have more options than you realize. Your own underinsured motorist coverage can provide an additional layer of compensation. In cases where punitive damages are available under California law, those are pursued separately from the at-fault driver's liability policy. And if the driver was over-served at a bar or restaurant before the crash, that establishment may share in the liability.Does the bar or restaurant that served the drunk driver have any liability?
Potentially, yes. California law allows victims to bring claims against businesses that served alcohol to someone who was visibly intoxicated and then caused an injury. These are called dram shop claims, and they can be a meaningful additional source of recovery when the at-fault driver is underinsured or uninsured.How long do I have to file a drunk driving accident claim in California?
The general statute of limitations for personal injury in California is two years from the date of the accident. This deadline runs independently of any criminal case. Waiting for the DUI prosecution to conclude before contacting an attorney is one of the most common — and costly — mistakes victims make.What makes a DUI accident case different from a regular car accident claim?
The most significant difference is the availability of punitive damages. Under California Civil Code Section 3294, courts can award punitive damages against a driver whose conduct was malicious or oppressive — and driving drunk qualifies. These damages are on top of your medical bills, lost wages, and pain and suffering, and they are not available in ordinary car accident cases.
Speak With a San Diego Drunk Driving Accident Attorney Today
You already know the driver was at fault. What you may not know is the full scope of what California law allows you to recover. We offer free consultations with no obligation, and we do not charge any fees unless we recover for you. Call us at (619) 413-4405 or submit the contact form below and we will be in touch promptly.