Drunk Driving Accident Lawyer in Woodland Hills

Unlike many states, California has limited “dram shop” liability. Under California Business and Professions Code Section 25602, establishments that serve alcohol generally cannot be held liable for injuries caused by intoxicated patrons. However, there are two key exceptions: businesses can be liable for serving alcohol to obviously intoxicated minors, and social hosts can be liable for providing alcohol to minors who subsequently cause accidents. These specialized provisions may provide additional avenues for compensation in certain drunk driving cases.

In California, you generally have two years from the date of the accident to file a personal injury lawsuit for a drunk driving accident. However, if you’re only claiming property damage, the statute of limitations is three years. For claims against government entities (such as accidents involving public transportation), you must file an administrative claim within six months. Missing these deadlines typically bars your right to compensation, so consulting with an attorney promptly is crucial.

Yes, you have several options. First, if you carry uninsured/underinsured motorist (UM/UIM) coverage on your auto policy, you can file a claim with your own insurance. California law requires insurers to offer UM/UIM coverage, though drivers may decline it in writing. Second, you might pursue compensation from other liable parties through California’s joint and several liability rules. Finally, even if the drunk driver has limited assets, a judgment against them can sometimes be collected through wage garnishment or property liens. An experienced attorney can help identify all potential sources of recovery.

When a driver is charged with DUI in California, this creates two separate legal proceedings: criminal and civil. The criminal case, prosecuted by the state, determines penalties like jail time, fines, and license suspension. Your civil claim seeks monetary compensation for your damages. While these are distinct processes, the criminal case can significantly strengthen your civil claim. A DUI conviction or guilty plea can serve as powerful evidence of negligence under California’s “negligence per se” doctrine. Your attorney can monitor the criminal proceedings and potentially use testimony or evidence from that case to support your civil claim.

California provides special protections for child victims of drunk driving accidents. The statute of limitations is extended – minors generally have until their 20th birthday to file claims (two years after turning 18). California courts typically appoint a “guardian ad litem” to represent the child’s interests during legal proceedings. Settlements involving minors require court approval to ensure fairness. Additionally, compensation may include provisions for future needs, such as educational impacts and developmental therapy. Special structured settlements may be arranged to provide for the child’s future medical and educational needs.