Table of contents
- Why choose McNicholas & McNicholas, LLP after a drunk driving accident?
- California drunk driving accident statistics
- Who can be liable in a drunk driving accident in California?
- Compensation available after a drunk driving accident
- Evidence that can strengthen your drunk driving accident case
- What if the drunk driver wasn’t convicted?
- Do you have a drunk driving accident lawyer near me?
Why choose McNicholas & McNicholas, LLP after a drunk driving accident?
When you are up against insurance companies and defense attorneys fighting to limit what you recover, experience and results matter. McNicholas & McNicholas, LLP has been helping injured clients across California since 1993, recovering over $3 billion on behalf of the people we represent. The firm's three partners bring more than 100 years of combined trial experience to every case, with over 400 jury trials to verdict collectively, a level of courtroom depth that gives our clients a genuine advantage when it matters most.
California drunk driving accident statistics
Drunk driving remains one of the leading causes of serious injury and death. In 2024, 11,904 people were killed in alcohol-impaired driving crashes nationwide. On California roads, the numbers make clear that drunk driving is not a rare or isolated problem.
- In California alone, 1,355 people died in alcohol-impaired traffic crashes in 2023
- 33 percent of all motor vehicle fatalities in California involved a driver with a BAC of 0.08 percent or higher in 2023
- Los Angeles County recorded the highest number of alcohol-impaired traffic fatalities in California in 2023, with 265 deaths
- Los Angeles County also had the highest number of serious alcohol-involved crash injuries in the state, with 589 serious injuries in 2023
These figures reflect real people whose lives were changed or ended by a preventable decision. If you were injured in a drunk driving crash in Los Angeles or anywhere in California, you are not alone, and you have legal options.
Who can be liable in a drunk driving accident in California?
Liability in a drunk driving accident is sometimes more complicated than you'd think. Depending on the circumstances, multiple parties could be legally responsible.
The drunk driver
The most likely source of liability is a driver who knowingly got behind the wheel after drinking. They can be held financially liable for the full amount of the victim’s losses.
A licensed alcohol vendor
Under California Business and Professions Code § 25602.1, a licensed alcohol vendor, such as a bar, restaurant, or liquor store, may be held liable if it sells or furnishes alcohol to a person who is obviously intoxicated and under 21 years of age, and that sale is a proximate cause of injury or death.
A private host
A parent, guardian, or other adult may be liable under California law for knowingly furnishing alcohol at their residence to a person who they know or should know is under 21 when that alcohol is a proximate cause of injury or death.
An employer
If the drunk driver was operating a vehicle in the course of their employment at the time of the crash, their employer may bear vicarious liability for the resulting injuries under the legal doctrine of respondeat superior.
A vehicle owner
Under California's permissive use doctrine, the owner of a vehicle may share liability if they gave permission, express or implied, for someone to operate the vehicle, and that person caused an accident while intoxicated in some circumstances.
Identifying every party who may bear responsibility requires a thorough investigation into the circumstances of the crash. McNicholas & McNicholas, LLP examines every angle to make sure no avenue for compensation is overlooked.
Compensation available after a drunk driving accident
California law allows injured victims to pursue a broad range of compensation after a drunk driving accident.
- Medical costs for treatment such as urgent care, hospitalization, surgery, and follow-up care
- Future medical treatment for injuries that require long-term or permanent care
- Lost wages
- Loss of earning capacity when injuries affect a person’s ability to work in the future
- Pain and suffering
- Disfigurement and scarring
- Property damage to your vehicle and personal belongings
- Wrongful death damages for families who have lost a loved one
Can you recover punitive damages?
While not every personal injury lawsuit is eligible for punitive damages, drunk driving incidents in California can be an exception. California law requires a higher level of proof for punitive damages. Driving under the influence might be viewed as malice or conscious disregard for the safety of others, which can lead to these extra damages.
The purpose of these is to punish particularly reckless conduct and deter others from the same behavior. An attorney from McNicholas & McNicholas, LLP can evaluate whether the facts of your case support a punitive damages claim.
Evidence that can strengthen your drunk driving accident case
How strong your drunk driving accident claim will be depends a lot on the evidence you have to support it. These cases often benefit from a broader range of documentation than typical car accident claims, particularly when punitive damages or third-party liability are involved.
Police report
If police arrive at the scene, they may create an accident report. There should be information in the report about who was involved, whether the officer noticed that the other driver was intoxicated, and other information they observed at the scene.
DUI arrest and BAC results
If the driver was arrested and there were chemical test results, your lawyer can look into getting those records to use as evidence.
Dashcam and traffic camera footage
The video recorded by a dashcam on either vehicle or by traffic cameras near the scene can provide more information about what happened and how the driver was behaving before the collision.
Accident reconstruction
In some cases, your lawyer may decide to consult an accident reconstruction expert. They can look at the accident, the location of the vehicles, skid marks, and other aspects of the crash to try to figure out what really happened and who caused the collision.
Medical records
Documentation of injuries, treatment, and prognosis establishes a connection between the crash and the damage inflicted and is essential to determine the full value of a claim.
Bar receipts and surveillance footage
When third-party liability is at issue, such as a bar or restaurant that continued serving an intoxicated minor, receipts showing alcohol purchases and surveillance footage from the establishment can be powerful evidence against the vendor.
McNicholas & McNicholas, LLP moves quickly to identify and preserve everything that supports your claim.
What if the drunk driver wasn’t convicted?
The driver doesn’t have to be convicted for you to be able to pursue a civil claim for compensation. They don’t even have to be arrested (though this can be helpful evidence for your claim). The civil and criminal justice systems operate separately, so you don’t have to be worried about this if you want to recover compensation for your injuries.
Do you have a drunk driving accident lawyer near me?
Yes. McNicholas & McNicholas, LLP represents drunk driving accident victims throughout Los Angeles and California, with offices conveniently located to serve clients across the region. All consultations are free, and our team is ready to meet with you at any of our office locations:
Los Angeles: 10866 Wilshire Blvd., Suite 1400, Los Angeles, CA 90024
Santa Ana: 217 N Main St., 2nd Fl, Santa Ana, CA 92701
Point Richmond: 1160 Brickyard Cove Rd., Suite 106, Richmond, CA 94801
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