Catastrophic Injury · DUI
California Drunk Driver Accident Attorney
Civil representation for victims and families harmed by drunk drivers in California. Beyond standard negligence, these cases support punitive damages and often involve dram-shop or other secondary defendants.
Punitive damages. Multiple defendants. High jury sympathy.
Why DUI cases are different
Driving under the influence is more than negligence — it is conduct that California law treats as conscious disregard for the safety of others. Taylor v. Superior Court, 24 Cal.3d 890 (1979), established that punitive damages are available against drunk drivers under Cal. Civ. Code § 3294. Juries take these cases seriously. Settlement values reflect both compensatory damages and the realistic prospect of punitive damages at trial.
Damages
- Economic damages — medical expenses (past and future), lost earnings, lost earning capacity, life-care needs
- Non-economic damages — pain and suffering, loss of enjoyment, loss of consortium
- Punitive damages (Cal. Civ. Code § 3294) — available against drunk drivers; designed to punish and deter, not compensate. May exceed compensatory damages where conduct is sufficiently reprehensible.
- Wrongful death damages (Cal. Code Civ. Proc. § 377.60) — for fatal cases
Additional defendants — dram shop and social host
California's dram-shop statute is narrow but real. Cal. Bus. & Prof. Code § 25602.1 imposes liability on those who furnish alcohol to an obviously intoxicated minor. Cal. Civ. Code § 1714(c)–(d) similarly limits social-host liability to those who furnish alcohol to a minor under 21. Where these elements are present, the bar, restaurant, party host, or other furnisher may be a defendant in addition to the drunk driver. Substantially more insurance coverage typically results from finding a viable secondary defendant.
Case investigation priorities
- Police reports and arrest records (BAC results, field sobriety, statements)
- Criminal court records — DUI conviction is generally admissible in the civil case (Cal. Evid. Code § 1300)
- Bar/restaurant records of alcohol service to the driver
- Witnesses to the driver's level of intoxication before the crash
- Driver's insurance limits and excess coverage
- Dram-shop or social-host investigation where applicable
Applicable law
Cal. Civ. Code § 1714 (negligence); Cal. Civ. Code § 3294 (punitive damages); Cal. Bus. & Prof. Code § 25602.1 (dram shop — minor); Cal. Civ. Code § 1714(d) (social host — minor); Taylor v. Superior Court, 24 Cal.3d 890 (punitive damages confirmed for DUI); Cal. Code Civ. Proc. § 335.1 (2-year SOL); Cal. Code Civ. Proc. § 377.60 (wrongful death).
Common Questions
What is the criminal case's effect on the civil case?
A criminal DUI conviction is generally admissible in the civil case to prove the underlying conduct (Cal. Evid. Code § 1300). The civil case proceeds independently — you don't need to wait for the criminal case to conclude. The criminal case focuses on punishment; the civil case focuses on compensation and punitive damages.
Can I recover punitive damages from a drunk driver?
Yes — punitive damages are available against drunk drivers under Cal. Civ. Code § 3294 and Taylor v. Superior Court. Whether the jury awards punitive damages and how much depends on the facts, the driver's conduct, the driver's financial condition, and the harm caused.
What if the bar served the driver after they were obviously drunk?
California's dram-shop statute is narrow — it generally covers only service to obviously intoxicated minors (Cal. Bus. & Prof. Code § 25602.1). Service to an adult, even an obviously intoxicated one, generally does not create dram-shop liability. We evaluate every case to see if it fits the limited categories.
My family member was killed by a drunk driver — what can we recover?
Wrongful death damages under Cal. Code Civ. Proc. § 377.60 (economic loss to the family, loss of love and companionship), survivor-action damages for the decedent's pre-death pain and suffering, and punitive damages where the driver's conduct supports them. These cases often produce substantial recoveries.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.