Drunk Driving Accident Lawyer

Encino Drunk Driving Accident Lawyer

A drunk driving accident lawyer helps people injured by impaired drivers recover full compensation, holding the drunk driver accountable through a civil claim that is separate from any criminal DUI case. At Big Joe Law, our Encino drunk driving accident lawyers pursue not only your medical bills and lost income, but in many cases punitive damages that punish the driver for choosing to drive drunk.

Being hurt by a drunk driver is different from an ordinary crash. The other driver made a choice that put everyone on the road in danger, and the law gives victims powerful tools to respond. Our Encino car accident lawyers handle drunk driving cases as part of the firm’s broader personal injury practice, building each file for trial from day one. If a drunk driver injured you or killed a member of your family, this page explains your rights and how our drunk driving accident attorneys protect them.

What Should I Do After Being Hit by a Drunk Driver?

After being hit by a drunk driver, call 911 and get medical care, make sure the police respond and document the driver’s impairment, and gather evidence and witness information if you are able. A prompt police response is especially important in a drunk driving case, because it creates an official record of the driver’s condition and any arrest.

In the first hours after an impaired driving crash, the steps that protect you and your claim include:

• Call 911 and request both medical help and police to the scene
• Tell the officer if you noticed signs the driver was impaired
• Get medical attention right away, even if you feel okay
• Photograph the vehicles, the scene, and any visible injuries
• Collect the names and numbers of witnesses before they leave
• Avoid discussing fault, and do not give the other insurer a recorded statement without legal advice

Because the police often arrest and test an impaired driver at the scene, that report can become key evidence, so making sure officers respond matters a great deal.

Can I Sue a Drunk Driver Who Injured Me in California?

Yes. You can sue a drunk driver who injured you in California through a civil personal injury claim, and that claim is completely separate from the criminal DUI case the state brings. The criminal case can punish the driver, but only a civil claim compensates you for your injuries, losses, and suffering.

The criminal court may convict the driver and order penalties, but any restitution there rarely covers the full extent of a victim’s losses. A civil claim brought by our drunk driving accident lawyers seeks the complete measure of what you lost, from medical care to lost income to pain and suffering. The two cases proceed on separate tracks, and you do not have to wait for the criminal case to conclude before protecting your civil rights.

How Does a Drunk Driver’s DUI Help My Injury Claim?

A drunk driver’s DUI strengthens your injury claim significantly. Driving under the influence violates California Vehicle Code section 23152, and breaking a safety law supports a negligence per se argument, meaning the driver is presumed negligent. A DUI arrest or conviction is powerful evidence that the driver caused the crash.

When a driver is arrested for or convicted of DUI, the question of fault becomes much clearer. Our Encino drunk driving accident lawyers use the criminal proceedings, the chemical test results, and the police observations to establish that the driver breached the duty of care owed to everyone on the road. Insurance companies understand what a DUI means in front of a jury, and that understanding often moves a case toward full value.

Can I Recover Punitive Damages From a Drunk Driver?

Yes. California allows punitive damages against a drunk driver in many cases, because driving while intoxicated can be considered a conscious disregard for the safety of others. Punitive damages are separate from and in addition to compensation for your losses, and they are meant to punish the driver and deter similar conduct.

This is one of the ways a drunk driving case differs from an ordinary crash. California courts have long recognized that a person who drinks and drives may be liable for punitive damages, which are not available in most negligence cases. Our drunk driving accident lawyers evaluate every case for a punitive damages claim, because it can meaningfully increase the recovery and reflect the seriousness of the driver’s choice.

Is a Bar or Restaurant Liable for Serving the Drunk Driver?

Usually not in California. California law generally protects bars, restaurants, and social hosts from liability for serving alcohol to an adult who then causes a crash, placing responsibility on the drinker. There is a narrow exception: a business can be liable for serving alcohol to an obviously intoxicated minor.

Under California Business and Professions Code section 25602 and related law, the sale of alcohol, not its consumption, is generally treated as too far removed to make the server liable when an adult drives drunk. The main exception, found in section 25602.1, allows a claim against a licensed vendor that serves an obviously intoxicated minor. Because these rules are narrow and fact specific, our drunk driving accident lawyers investigate whether any third party can be held responsible in addition to the driver.

What Compensation Can I Recover After a Drunk Driving Accident?

After a drunk driving accident, you can recover economic damages for your financial losses, non-economic damages for your pain and suffering, and, in many cases, punitive damages against the driver. Because impaired driving crashes often cause catastrophic injuries, these claims can be substantial when the losses are fully documented.

The compensation our drunk driving accident lawyers pursue typically includes:

• Past and future medical expenses, from emergency care through long term treatment
• Lost wages and lost future earning capacity
• Property damage to your vehicle
• Pain, suffering, and emotional distress
• Loss of enjoyment of life and the impact on your relationships
• Punitive damages that punish the driver for driving drunk
• Wrongful death damages when an impaired driver takes a family member

What Types of Drunk Driving Accidents Do We Handle?

Our Encino drunk driving accident lawyers handle the full range of crashes caused by impaired drivers, because alcohol and drugs affect judgment, reaction time, and coordination in ways that lead to especially violent collisions. These crashes often happen at high speed and cause catastrophic injuries.

The drunk driving cases we handle across Los Angeles County and the San Fernando Valley include:

• Head-on collisions caused by wrong-way and drifting impaired drivers
• High-speed rear-end crashes from delayed reaction time
• Red light and intersection collisions
• Pedestrian and bicycle knockdowns by impaired drivers
• Motorcycle collisions where a drunk driver never saw the rider
• Single-vehicle crashes injuring passengers of the impaired driver
• Wrongful death cases arising out of any of these collisions

Impairment is not limited to alcohol. Drugged driving, including prescription medication, cannabis, and illegal drugs, can support the same claims, and our drunk driving accident lawyers pursue them the same way.

What if the Drunk Driver Was Uninsured or Underinsured?

If the drunk driver was uninsured or did not carry enough coverage, your own uninsured or underinsured motorist coverage may pay for your injuries. Many drunk driving cases involve drivers with minimal insurance, so tapping every available policy is often essential to a full recovery.

Impaired drivers are frequently underinsured relative to the harm they cause, especially in serious injury cases. Your own auto policy’s uninsured and underinsured motorist coverage exists for exactly this situation, and criminal restitution ordered against the driver can provide an additional, though usually partial, source of recovery. Our Encino drunk driving accident lawyers identify and pursue every source of compensation so a low policy limit does not become the ceiling on your claim.

Does the Criminal DUI Case Affect My Civil Claim?

The criminal DUI case and your civil claim are separate, but the criminal case can help your civil claim. A DUI conviction can be strong evidence of the driver’s fault, and any restitution ordered is credited toward, but does not replace, the compensation you can seek in a civil case. You control your own civil claim regardless of the criminal outcome.

Even if the criminal case results in a plea or a lighter sentence than you hoped, your civil right to full compensation remains. The criminal court focuses on punishing the driver, while the civil case focuses on making you whole. Our drunk driving accident lawyers coordinate with the criminal proceedings where helpful, using the evidence and any conviction to strengthen your civil recovery.

How Does California Comparative Fault Affect My Claim?

California follows a pure comparative negligence rule, so your recovery is reduced by any share of fault assigned to you, but you can still recover even if you were partly at fault. In drunk driving cases the impaired driver usually bears the overwhelming share of blame, but insurers may still try to shift some fault onto the victim.

Expect the driver’s insurance company to look for any argument that you contributed to the crash, because every percentage of fault reduces what it pays. When the other driver was intoxicated, those arguments tend to be weak, and our drunk driving accident lawyers use the evidence of impairment to keep the fault where it belongs, on the driver who chose to drive drunk.

How Long Do I Have to File a Drunk Driving Accident Claim in California?

In California, you generally have two years from the date of a drunk driving accident to file a personal injury lawsuit under Code of Civil Procedure section 335.1. If a government entity is involved, a formal claim may be due within six months. Missing these deadlines can end an otherwise strong claim.

The deadline is firm, and waiting carries other risks as evidence fades and witnesses become harder to reach. While the criminal case moves on its own schedule, your civil deadline keeps running, so it is important not to assume the criminal proceedings protect your civil rights. Contacting our Encino drunk driving accident lawyers early preserves both your deadline and the proof your claim depends on.

How Do Our Encino Drunk Driving Accident Lawyers Handle These Cases?

Our drunk driving accident lawyers handle these cases with a staged, trial ready approach: we investigate and preserve evidence immediately, coordinate with the criminal case, build the medical and damages record, pursue punitive damages, and prepare the file for a jury. That preparation is what pushes insurers to pay full value.

From the first call, here is how we build a drunk driving claim:

• We investigate the crash and gather the police report, chemical test results, and evidence of impairment
• We identify every source of coverage, including the driver’s policy and your own UM and UIM coverage
• We document the full extent of your injuries, including future care and lost earning capacity
• We evaluate and pursue punitive damages where the driver’s conduct supports them
• We handle all communication with the insurance companies so nothing you say is used against you
• We prepare every case as trial ready, so the carrier has a real reason to pay what the case is worth

Why Choose Big Joe Law for Your Drunk Driving Accident Case?

Injured people across the San Fernando Valley choose Big Joe Law because our drunk driving accident lawyers combine aggressive investigation with genuine trial readiness. Led by attorney Joseph Hendizadeh, our team treats every case as if it is headed to a courtroom, which is exactly what makes insurance companies take it seriously.

Attorney Joseph Hendizadeh, known to clients as Big Joe, has spent more than a decade advocating for injured people throughout Los Angeles and the San Fernando Valley. Our drunk driving accident attorneys take on high exposure cases where the injuries are serious and the conduct was egregious, and we do not accept a settlement that shortchanges a client. Settlement on the right number is always welcome. Settlement on a number that undervalues what you lost is not.

How Can an Encino Drunk Driving Accident Lawyer Help Maximize My Compensation?

An Encino drunk driving accident lawyer maximizes your compensation by proving the driver’s impairment, pursuing punitive damages, tapping every available insurance policy, and building the case for trial so the insurance company cannot minimize a serious claim. At Big Joe Law, we make the driver’s choice to drive drunk the center of the case.

Here is how our drunk driving accident lawyers work to increase what you recover:

• We use the DUI arrest, test results, and conviction to prove the driver’s negligence
• We pursue punitive damages that go beyond ordinary compensation
• We uncover every source of coverage, including your own UM and UIM benefits
• We fully document your injuries, treatment, and future needs
• We push back on any attempt to shift fault onto you
• We prepare the case for trial, giving the carrier a real reason to pay full value

Contact an Encino Drunk Driving Accident Lawyer Today

If a drunk driver injured you or someone you love, you deserve more than an apology and a criminal case that leaves you uncompensated. Talk to the drunk driving accident lawyers at Big Joe Law before you give a statement or accept any offer. The consultation is free, and you pay no attorney’s fees unless we win. Our Encino drunk driving accident lawyers will prove the driver’s impairment, pursue every dollar available, and fight for the full compensation you and your family deserve.