Each year, far more than 400,000 drivers get behind the wheel of their car after drinking. This number only represents those who are willing to report that they have done it. Unfortunately, far more individuals are likely to operate a vehicle while under the influence of alcohol. Drunk drivers put themselves at risk as well as every other driver that is on the road with them. Accidents that happen as a result of drunk driving cause minor damages or severe injuries (including fatalities). If you or a family member has been injured due to the negligence of a drunk driver, it is recommended that you connect with a personal injury attorney as soon as you can. An attorney can help you to recover damages for your injuries, lost income, mental anguish, etc. Being involved in any type of accident is scary. Having a collision because another driver decided to get behind the wheel of their car after drinking can be infuriating. If you have been the victim of a drunk driving accident, seek medical attention immediately and contact the San Diego Drunk Driving Accident Attorney at Injury Trial Lawyers shortly thereafter. Our attorney is prepared to work on your behalf to seek compensation for your losses.
Drunk Driving Statistics
Advocacy and enforcement have reduced drunk driving since the 1980s, but it remains one of the deadliest crash factors. NHTSA reports that 11,904 people were killed in alcohol-impaired-driving crashes in 2024, about 30% of all U.S. traffic deaths. These California laws often matter in a civil claim against a drunk driver:
- Criminal standard: Driving under the influence, or with a blood alcohol concentration of 0.08% or more, is prohibited by Vehicle Code section 23152; causing injury while doing so is a separate offense under Vehicle Code section 23153.
- Negligence per se: Under Evidence Code section 669, a driver who violated a safety statute and caused the kind of harm it was meant to prevent is presumed negligent.
- Punitive damages: Civil Code section 3294 allows punitive damages when a defendant acted with malice, which courts have found can include a conscious choice to drive while intoxicated.
- Filing deadline: Most injury lawsuits must be filed within two years (Code of Civil Procedure section 335.1).
Penalties for Driving While Under the Influence
Most states (including California), have a zero-tolerance policy concerning drunk drivers. If convicted, drunk drivers face stiff penalties that can negatively affect them for years to come. Penalties for driving while under the influence in California can include jail time, fines and penalties, license suspension, as well as a court-ordered installation of an interlock ignition device. Even with these stiff penalties, many people still choose to drive under the influence each year and as a result, cause many drunk driving accidents.
What to do if You’re in an Accident with a Drunk Driver
With drunk driving accidents being so prevalent, you must know what to do if you are a victim. Listed below are recommended steps to take if you have been hit by a drunk driver.
- Contact the police so you have appropriate documentation of the accident
- Collect evidence from the scene, note driver’s condition (tell the police), identify eyewitnesses
- Seek medical attention as soon as possible (follow all physician orders)
- Contact a personal injury attorney to represent you in the matter
Following the aforementioned steps is necessary to build a strong personal injury case. If you have been the victim of an accident due to a drunk driver you may be able to seek compensation for your injuries, lost income, mental and physical anguish, etc.
Contact the San Diego Drunk Driving Accident Attorney at Injury Trial Lawyers
At Injury Trial Lawyers we understand the devastating implications of being involved in an accident with a drunk driver. It can negatively affect your health, career, relationships, mental health, etc. Our San Diego Drunk Driving Accident Attorney helps victims seek damages for injuries suffered as a result of a collision with a drunk driver. If you have been injured in an accident, seek medical attention first. Afterward, connect with an attorney at Injury Trial Lawyers to schedule your free consultation and learn more about how we can help you to develop a personal injury lawsuit and help you to pursue compensation for your losses.
Drunk driving accident FAQ
Can punitive damages be awarded against a drunk driver?
Possibly. California allows punitive damages when a defendant acted with malice, oppression, or fraud, proven by clear and convincing evidence (Cal. Civ. Code § 3294), and courts have allowed them in some drunk driving cases.
Can I file a claim if the drunk driver is also being prosecuted?
Yes. The criminal case and a civil injury claim are separate and can move forward at the same time.
What if the at-fault driver has no insurance?
Uninsured motorist coverage on your own auto policy may pay for your injuries (Cal. Ins. Code § 11580.2). California insurers must offer this coverage, and it can be waived only in writing.
How long do I have to file a personal injury claim in California?
Generally two years from the date of injury (Cal. Code Civ. Proc. § 335.1). If a government agency may be responsible, a written claim usually must be filed within six months (Cal. Gov. Code § 911.2).