Ontario Drunk Driving Accident Lawyer
Dedicated Drunk Driving Accident Attorney in Ontario, CA
A drunk driver crashing into someone leaves behind medical bills, missed paychecks, and a car that may never handle the same again. The criminal case against the driver moves on its own timeline, separate from any compensation for the person actually hurt.
The Ontario drunk driving accident lawyers at Duque & Price treat these claims differently from an ordinary crash from the start, because California allows punitive damages when a driver’s choice to get behind the wheel shows a conscious disregard for everyone else on the road. Our firm’s process centers on proving exactly that kind of disregard with police reports and chemical test results.
Call for a free conversation and tell our personal injury lawyer us what you know about the driver’s blood alcohol level or driving history, if anything. That detail alone can change what a claim is realistically worth.
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Who Can Actually Be Held Responsible in an Ontario DUI Crash?
The driver is almost always the primary target of a claim, but the full picture is sometimes bigger. California generally shields a bar, restaurant, or host from liability for serving an adult who later causes a crash, with one narrow exception: a business that serves an obviously intoxicated minor can be held liable, as can an adult who knowingly furnishes alcohol to a minor at a private home.
Our drunk driving accident attorneys handle claims in Ontario dealing with:
- DUI collisions involving another vehicle, a pedestrian, or a cyclist
- Hit-and-run crashes caused by an impaired driver
- Wrongful death claims from a fatal DUI crash
- Claims involving an uninsured or underinsured drunk driver
- Crashes caused by a minor who was served alcohol beforehand
- Multi-vehicle pileups involving an impaired driver
Whichever of these applies, identifying the available policies — the driver’s, an underage server’s, or the victim’s own uninsured motorist coverage — shapes how much a claim is actually worth.
Why Punitive Damages Are on the Table in a DUI Case?
Under Civil Code Section 3294, a court can award punitive damages — extra money meant to punish, on top of the compensation for medical bills and other losses — when the evidence clearly shows the driver acted with malice. In this context, malice just means a conscious disregard for the safety of others.
California courts have held that the decision to drive after drinking can itself amount to that kind of disregard — a standard that ordinary negligence claims don’t meet. Punitive damages are not paid by the driver’s insurance, so they come directly out of the driver’s own pocket.
Insurance companies still argue the injured driver or passenger shares some blame, even when their own insured driver was impaired. California’s comparative negligence rule reduces recovery by that percentage rather than eliminating it, and a driver who was legally impaired rarely gets much of the blame shifted successfully.
The Expanding Civil Court in Rancho Cucamonga and Changes to California’s Car Insurance
Most civil claims from an Ontario DUI crash are filed with the Rancho Cucamonga District of San Bernardino County Superior Court at 8303 Haven Avenue. The court has been steadily rebuilding its civil capacity there, adding a second civil courtroom in 2024 and a third in April 2025 to keep up with the West End’s caseload.
California’s minimum liability insurance also changed recently: the state’s 30/60/15 minimum took effect January 1, 2025, replacing a limit that had been in place since 1967. Even at that new floor, a serious Ontario crash can easily produce bills above what a drunk driver’s policy covers.
Duque & Price keeps offices in Riverside, Los Angeles, and Temecula, in addition to its Costa Mesa headquarters.
FAQS About Ontario, CA Drunk Driving Accident Laws
What does it cost to hire an Ontario drunk driving accident lawyer?
In Ontario, Duque & Price offers a free consultation, and these cases are handled on contingency, so there is no upfront fee and no cost unless compensation is recovered.
Do I still have a civil case if the driver was never criminally convicted in Ontario, CA?
Yes in Ontario, a civil case is separate from any criminal charge and uses a lower burden of proof. A driver acquitted or given a reduced charge in criminal court can still be held financially responsible in a civil lawsuit.
Can I sue the bar or restaurant that over-served the driver in California?
Generally no, unless the person served was under 21 and obviously intoxicated at the time. California treats the driver’s own decision to drink and drive, not the serving of the alcohol, as the legal cause of the injuries.
What if I was partly at fault for the crash in California?
California’s comparative negligence rule reduces recovery by the assigned percentage of fault rather than eliminating it. A driver who was legally impaired is rarely found to carry much of the blame.
What if the drunk driver did not have enough insurance in California?
Underinsured motorist coverage on the victim’s own policy can make up the difference between what the driver’s insurer pays and what the damages actually total, which matters even at California’s new 30/60/15 minimum.
Where does an Ontario drunk driving case get filed?
Most civil claims are filed with the Rancho Cucamonga District of San Bernardino County Superior Court at 8303 Haven Avenue, which now operates three civil courtrooms to handle cases from across the West End.
How long do I have to file a claim after an Ontario DUI accident?
In Ontario, generally two years from the date of the crash, under Code of Civil Procedure Section 335.1. This can be shorter or longer in some cases — for example, if the victim is a minor. In wrongful death cases, the clock runs two years from the date of death. Claims involving a government entity generally require notice within six months instead.
Get Help After a Drunk Driving Accident
A drunk driver’s decision to get behind the wheel should not leave someone else covering the cost of it. Contact Duque & Price for a free consultation to go over the police report, the insurance coverage available, and what the claim may actually be worth.
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