Being hit by a drunk driver can upend your entire life in a single moment. The injuries are often severe, the emotional fallout is real, and the financial strain can follow you for years. California law gives victims the right to pursue compensation from the impaired driver who caused the crash, and in many cases, from other responsible parties as well.
If you or someone you love suffered an injury in a DUI accident in San Diego, working with an experienced DUI accident lawyer can make a critical difference in the outcome of your case. The Law Office of Kevin Lemieux, APC is ready to fight for you. Call (619) 488-6767 for a free consultation or contact us online. Do not wait to learn about your legal rights and options for holding drunk drivers liable.
Holding Drunk Drivers Liable in California
You can pursue a civil claim to hold a driver who causes an accident while under the influence civilly liable for damages, which is completely separate from any criminal charges they face. You do not need to wait for a criminal conviction to file a civil lawsuit, though the timing of your claim should be part of your attorney’s overall strategy.
Civil and criminal proceedings serve different legal purposes. The state brings criminal charges to punish the driver. A civil claim is filed by the victim to recover compensation for real losses, including medical bills, lost income, and pain and suffering. The burden of proof in civil court is lower, which means you can win a civil case even if the driver avoids a criminal conviction.
Under California Vehicle Code Section 23152, operating a vehicle with a blood alcohol content of 0.08% or higher is unlawful. When a driver violates this statute and causes injuries, the violation itself can serve as proof of negligence under the doctrine of negligence per se. Our San Diego DUI accident attorneys will know how to use that violation to strengthen your civil claim.
Other Parties Who May Owe You Compensation
The impaired driver is not always the only party who shares responsibility. For example, if the drunk driver was working at the time of the crash, their employer may share liability under California’s respondeat superior doctrine. Employers can be held responsible when employees cause harm while performing job duties, even if the employee’s conduct was unauthorized.
California’s dram shop law may also apply to limited circumstances when a bar or restaurant served alcohol to a minor who was visibly intoxicated, and the minor then caused the accident and injuries.
If another driver’s negligence contributed to the collision, that party may bear a share of fault as well. Our injury attorneys can investigate every potential source of recovery to help maximize your compensation.
Compensation and Damages in a San Diego DUI Accident Case
California civil law allows DUI accident victims to pursue both economic and non-economic damages. In cases of particularly reckless behavior, the court may also award punitive damages.
Economic damages cover your documented financial losses:
- Medical expenses
- Lost income
- Loss of earning capacity
- Property damage
Non-economic damages address the personal impact:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
Punitive damages may be available because California courts have recognized that choosing to drive while impaired reflects a conscious disregard for the safety of others. Our DUI accident attorney can determine whether your case qualifies.
Time Limits for Filing a DUI Accident Lawsuit in California
The statute of limitations for a personal injury claim in California is two years from the date of the accident under California Code of Civil Procedure Section 335.1. Wrongful death claims following a fatal DUI crash carry the same two-year deadline from the date of the death.
Two years may seem like enough time, but building a strong DUI accident case requires prompt action. Police reports, surveillance footage, and witness memories all deteriorate quickly. Starting the process early gives your attorney the best chance to preserve the evidence that supports your claim.
If the crash involved government-owned property or a government vehicle, the timeline is much shorter. A claim must be filed within six months. Missing that deadline generally bars any recovery.
Building a Strong DUI Accident Case
Every DUI accident claim follows a different path, but our approach stays consistent. We start by gathering the evidence that matters most: the police report, BAC test results, witness statements, medical records, and any available surveillance or dashcam footage.
From there, we calculate the full scope of your damages, including costs you may not have considered yet, like future surgeries or long-term therapy. We handle all communication with the insurance company so you can focus on recovering, and if a fair settlement is not on the table, we are prepared to take the case to trial.
Why San Diego DUI Accident Victims Trust The Law Office of Kevin Lemieux, APC
Insurance companies representing drunk drivers are not on your side. Their goal is to minimize payouts by disputing your injuries, arguing shared fault, or pushing a low settlement before you understand your claim’s full value.
Our founder, Kevin Lemieux, has tried hundreds of cases at trial regarding civil matters. When an insurance company knows that your lawyer is genuinely willing to take a case to a jury, they take settlement discussions more seriously. Our firm has represented San Diego injury victims since 2003, and that courtroom background gives our clients a real advantage from the first demand letter through verdict.
FAQ: What DUI Accident Victims Need to Know
What Evidence Helps Prove a DUI Accident Claim?
Evidence in DUI accident cases often includes police reports, BAC test results, witness statements, medical records, and surveillance or dashcam footage. This evidence helps show that the impaired driver caused the crash and your resulting injuries.
What if the Drunk Driver has No Insurance?
You may still have options. Your own uninsured or underinsured motorist coverage can provide compensation. An attorney can also identify other liable parties, such as a bar that over-served the driver or the driver’s employer.
How Long Do DUI Accident Cases Usually Take?
The timeline varies depending on the severity of injuries, the amount of evidence involved, and whether the case settles or goes to trial. Some claims resolve in months, while more complex cases can take longer to fully resolve.
Your Future Depends on the Action You Take Now With Our DUI Accident Attorneys
A drunk driving accident can change everything, but you do not have to face the aftermath alone. The Law Office of Kevin Lemieux, APC has fought for San Diego injury victims since 2003. If you need a committed San Diego DUI accident lawyer who brings real trial preparation to every claim, we are ready to stand with you.
We handle DUI accident cases on contingency and offer free consultations, so you can understand your rights without financial risk. Call (619) 488-6767 or contact us online to take the first step toward holding the responsible parties accountable.
Being hit by a drunk driver can upend your entire life in a single moment. The injuries are often severe, the emotional fallout is real, and the financial strain can follow you for years. California law gives victims the right to pursue compensation from the impaired driver who caused the crash, and in many cases, from other responsible parties as well.
You can pursue a civil claim to hold a driver who causes an accident while under the influence civilly liable for damages, which is completely separate from any criminal charges they face. You do not need to wait for a criminal conviction to file a civil lawsuit, though the timing of your claim should be part of your attorney’s overall strategy. 
