Drunk Driving Victim Lawyer in California
Being injured by a drunk or impaired driver is not an accident in the ordinary sense — someone made a dangerous choice, and you are living with the consequences. If this happened to you in California, you deserve to be made whole.
More than one responsible party
The impaired driver is the obvious source of responsibility, but sometimes a bar, restaurant, or other party who overserved a visibly intoxicated person can also share liability. Identifying every avenue for recovery can matter, especially if the driver's insurance is limited. We investigate the full picture, not just the driver.
Your claim and the criminal case
A criminal case against the driver is separate from your civil claim for compensation, and you can pursue your recovery regardless of what happens in court. Keep medical records, the police report number, and any information about where the driver had been. We handle the adjusters and negotiation so you can focus on healing.
Personal Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Frequently asked questions
Can I sue the bar that served the driver in California?
Sometimes — certain circumstances allow a claim against a business that overserved a visibly intoxicated person, though the rules are specific. A free review can tell you whether that applies to your situation.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Think you may have a case?
The case review takes about two minutes. It's free and confidential, with no obligation.