Bianca Babaians
Key Points:
Being struck by an impaired driver is not just another collision; it is an injury caused by a choice, and California law treats that distinction seriously. Babaians Law Firm pursues these claims through its car accident practice because the civil case, the one that actually compensates you, is separate from and often overshadowed by the criminal prosecution everyone assumes will make things right. A skilled drunk driving accident lawyer makes sure the civil side is never neglected while the district attorney handles the charges.
Injured by a drunk driver? Call Babaians Law Firm at (818) 334-2981 for a free case review. No fee unless we win.
The most costly misunderstanding after a DUI crash is the belief that the prosecution handles everything. It does not, and the two systems have entirely different purposes. The criminal case exists to punish the driver on behalf of the state: jail, probation, license suspension, and fines that flow to the government, not to you. Any criminal restitution ordered for a victim is often narrow, capped, and slow to arrive, and it rarely approaches the true cost of a serious injury.
Your actual compensation comes from a civil personal injury claim, which proceeds independently. As the California Courts Self-Help Center explains, a personal injury lawsuit is the mechanism by which an injured person recovers medical expenses, lost wages, and pain and suffering. A conviction in the criminal case can strengthen your civil claim as evidence of wrongdoing, but an acquittal does not defeat it, because the civil standard of proof, a preponderance of the evidence, is far lower than the criminal standard of beyond a reasonable doubt. That is why victims can and do win civil claims even when a criminal case falters.
Here is the point most victims are never told: drunk driving is legally treated as more than ordinary carelessness. In a standard negligence case, damages are compensatory, meant only to make you whole. But California Civil Code section 3294 authorizes punitive damages where a defendant acted with malice, oppression, or fraud, and California courts have repeatedly recognized that driving while intoxicated can rise to the conscious disregard for the safety of others that supports such an award. Punitive damages are designed to punish and deter, and they can be added on top of your compensatory recovery.
This is a structural difference from an ordinary fender-bender, and it materially changes a case’s value. Building it, though, requires evidence: the police report, chemical test results, field sobriety findings, the driver’s blood alcohol concentration, and sometimes a history of prior offenses. A drunk driving accident lawyer assembles that record deliberately, because punitive exposure is also powerful leverage in settlement negotiations. Insurers know a jury may react strongly to an intoxicated defendant, which shifts the dynamic in the victim’s favor.
Sometimes, though California’s rule is narrow. Unlike states with broad dram shop liability, California generally shields businesses and social hosts from responsibility merely for furnishing alcohol; the law presumes the drinker’s own consumption is the cause. There is a targeted exception. Under Business and Professions Code section 25602.1, a licensed vendor can be held liable for serving alcohol to an obviously intoxicated minor who then causes injury. The California Department of Alcoholic Beverage Control enforces licensing rules that inform these cases. Because the exception is specific and fact-intensive, it takes careful investigation to determine whether a third party shares fault, which is exactly the kind of analysis that should not be left to guesswork.
Consider a realistic scenario. A driver stopped at a light is rear-ended by a motorist later measured at twice the legal limit. Beyond the medical bills and the weeks of missed work, the intoxication supports a punitive damages claim. The total value of that case can substantially exceed a comparable non-DUI rear-end collision, because the defendant’s conduct opens a category of damages that ordinary negligence never reaches. For readers who want the underlying fault mechanics, our guide on rear end collisions is a useful companion, and the most severe DUI crashes are handled through our catastrophic injury practice.
Reach our Los Angeles personal injury legal team to review your options.
You did nothing wrong. Let Babaians Law Firm fight for what you are owed. Call (818) 334-2981 or contact us online for a free consultation.
Yes. The criminal case punishes the driver, but a separate civil claim is the only way you recover money for your injuries and losses.
Beyond medical bills, lost wages, and pain and suffering, you may recover punitive damages, because drunk driving can demonstrate a conscious disregard for the safety of others.
Usually only in narrow circumstances, such as a vendor serving an obviously intoxicated minor, under California’s limited dram shop exception.
Generally two years from the date of injury under Code of Civil Procedure section 335.1, though shorter deadlines apply against government entities.
Your own uninsured or underinsured motorist coverage may apply. An attorney can identify and pursue every available policy.
We take on fewer cases to give every client the focus they deserve. Unlike high-volume firms where cases get lost in the shuffle, we prioritize quality over quantity, delivering the attention and results your case deserves. Experience the difference with our dedicated team.
Great female led personal injury firm with good results and settlements. I highly recommend this law firm for personal injury related matters in Los Angeles and California in general.
