Pomona Drunk Driving Accident Lawyer

Drunk Driving Accident Attorney in Pomona, CA

All across the country, accidents caused by drunk drivers have continued to be a daily occurrence. In 2023, alcohol-impaired driving crashes killed 1,355 people in California, according to the California Office of Traffic Safety. If you are involved in a car accident caused by a drunk driver, you have the right to collect damages in a civil case with the driver. Because crashes involving motor vehicles require thorough evidence gathering, consulting a trusted Pomona car accident lawyer can help build your claim. Your local district attorney or prosecutor will file criminal charges, which are different from the case you can bring forth. The damages you might be able to collect include, but are not limited to, medical bills, lost earnings, permanent disability, disfigurement and even death.

The Civil Suit

When a prosecutor pursues a criminal case, they are seeking punishment, which can include jail time, fines, or probation, depending on the charge. Unlike a criminal case, a civil case against the drunk driver is seeking financial compensation for injuries, called “damages”.

If a loved one was killed by a drunk driver, the immediate family can file a wrongful death case. The remedy in both the individual and death case is payment of damages. The American legal system allows a civil case as the main way to compensate an injured party. To evaluate what your claim may be worth, explore our overview of California personal injury settlement amounts.

In some cases, a criminal court can also order the drunk driver to pay restitution, but a civil case is usually needed to recover full compensation, including pain and suffering. The state cannot do that for you in its case against the drunk driver. You alone can seek monetary compensation.

The Lawsuit

Driving laws state that all drivers owe other drivers the duty of care to obey all traffic laws and drive safely. In the lawsuit for civil damages, the plaintiff must prove that the other driver committed a breach of that duty that caused the accident and injuries. The assertion that the other driver was drunk isn’t enough to prove negligence. A negligent act or failure to act must be shown. Damages must be proved through medical bills, records and testimony.

Many times getting a guilty verdict in a civil case is easier than in a criminal case as the burden of proof is very different. An experienced attorney can help you determine if you have a strong civil case. However, these complex cases require experienced knowledge from filing the correct paperwork in a timely manner to proving the breach of duty occured. Failure to prove any single element of the case will cause it to fail entirely.

The Wrongful Death Lawsuit

If a loved one is killed in an accident caused by a drunk driver, the family can bring a claim to recover such damages as funeral and burial expenses, any medical bills in connection with the injury and income lost or reasonably expected to be lost in the future. The wrongful death action is usually a separate count in an injury lawsuit where other damages are also sought. California generally requires these claims to be filed within two years under Code of Civil Procedure section 335.1.

Punitive Damages in a Drunk Driving Case

Driving drunk can show a conscious disregard for others’ safety, which the law treats as malice. In Taylor v. Superior Court, the California Supreme Court held a jury may award punitive damages against a drunk driver under Civil Code section 3294, on top of medical bills and lost wages. The driver’s auto insurance usually will not pay them.

Uninsured Drunk Drivers in Pomona, CA

About 17% of California drivers carry no auto insurance at all, one of the highest rates in the country, according to the Insurance Information Institute. While auto insurance is required for all drivers in California, it is actually pretty common for motorists to find themselves involved in an accident with an uninsured driver. For this reason, most insurance companies off uninsured motorist insurance (UM). UM typically covers bodily injury to the driver, family members and passengers of a vehicle in a motor vehicle collision caused by an uninsured driver. UM coverage is not mandatory in California as it is in some states.

Most insurance companies will cover you or your family members through UM insurance. However, many times when a UM claim is filed, your insurance company can make recovering the damages very difficult to do. That is where an experienced attorney can help you. If your collision involved a commercial truck driver, working with a reliable Pomona truck accident lawyer ensures all corporate policies are investigated. The last thing you want is to face the insurance company’s lawyers alone.

Under-Insured Drunk Drivers in Pomona, CA

California law requires drivers to carry at least $30,000 in liability insurance per injured person, and $60,000 per accident, which often is still not enough to cover a serious hospital stay. Under-insured motorist insurance can help make up the difference. For example, if you have $85,000 in medical bills and the drunk driver’s insurance pays out only the state minimum, under-insured motorist coverage on your own policy may cover the rest.

In the drunk driving criminal case, the prosecutor only represents the State of California. He/she does not represent you. You are responsible for pursuing your own damages if you believe you have a case. Even so, your insurance company will likely fight the claim you file, and their team of lawyers knows how to win these cases. Luckily for you, so do we.

Can You Sue the Bar That Served the Drunk Driver?

Usually not. Under California Business and Professions Code section 25602, a bar is generally protected from liability for serving an adult who later causes a crash, unless the driver was under 21 and visibly intoxicated when served, in which case the business can be held liable.

Where Pomona Drunk Driving Lawsuits Are Filed

Civil lawsuits from a Pomona-area drunk driving crash are generally filed at the Pomona Courthouse South, 400 Civic Center Plaza, Pomona, CA 91766.

Duque & Price has handled thousands of personal injury cases across Southern California.

Contact our Pomona Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.

Frequently Asked Questions

What is the difference between a DUI criminal case and a civil case?

The State brings the criminal case. You, the injured person, bring the civil case to recover compensation.

How long do I have to file a civil claim after a drunk driving accident in California?

California generally requires these claims to be filed within two years under Code of Civil Procedure section 335.1 and section 377.60. This deadline can be shorter if a government vehicle or employee was involved, or longer if the injured person was a minor

Can I recover damages even if the drunk driver was never convicted?

Yes. A civil case has a lower burden of proof, so you may still win even without a conviction.

Who can file a wrongful death claim after a fatal drunk driving accident?

Immediate family members, such as a spouse, children, or parents, can typically file.

How much does it cost to hire a Pomona drunk driving accident lawyer?

Most personal injury lawyers, including our firm, work on contingency, so you pay nothing unless you recover compensation.

Pomona, California Related Drunk Driving Accident Resources

• How Much Does a Personal Injury Lawyer Cost in California?
• Chances of Winning a Personal Injury Lawsuit in California

Pomona, California Drunk Driving Legal Resources

• Los Angeles County Superior Court – Pomona Courthouse South
• Pomona Police Department – Traffic Services Bureau & DUI Enforcement
• California Department of Public Health – Forensic Alcohol Laboratory Program & Drive Sober Initiative

About Pomona, California

Pomona hosts major entertainment venues such as the historic Fairplex, which draws thousands of visitors for community events and regional celebrations. However, driving under the influence remains a persistent public safety hazard, as alcohol-involved crashes lead to severe injury and fatalities across California. In response, the Pomona Police Department Traffic Bureau regularly conducts targeted DUI and driver’s license checkpoints funded by state traffic safety grants to deter impaired drivers. These proactive law enforcement operations serve to protect local roadways and enhance safety for all Pomona residents.