Redlands Drunk Driving Accident Lawyer
Drunk Driving Accident Attorney in Redlands, CA
Drinking and driving continues to plague our country. Public awareness campaigns, jail/prison time, fines and AA meeting requirements have sadly not eliminated the threat of drunk driving. In 2023, alcohol-impaired driving crashes killed 1,355 people across California, a slight decrease from the year before.
If you have been injured in a car accident caused by a drunk driver, you have the right to pursue a civil case with the driver that differs from the criminal case your local district attorney or prosecutor will file. 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
If you decide to file a civil case, you are seeking “damages.” These damages differ from criminal prosecution in that drunk drivers can be held financially responsible for the accidents they cause. A personal injury lawyer can help you understand your rights and pursue compensation for your injuries.
If a loved one was killed by that drunk driver, the family can file a wrongful death case. The remedy in both an individual injury case and a wrongful death case is payment of damages. In the American legal system, that is the way to compensate someone who was injured by the negligent conduct of another person. The state cannot do that for you in its case against the drunk driver. If you want damages, you are required to pursue them yourself.
California law also allows you to seek punitive damages against a drunk driver, on top of your compensatory damages. Under Civil Code section 3294 and case law, choosing to drive drunk can count as malice if the facts show you knew driving was dangerous and did it anyway.
Later California courts have said that a DUI alone is not always enough. The claim needs some added fact showing you knew the risk, such as a prior DUI or a specific decision to drive after drinking. Courts also require a higher level of proof for punitive damages than for the rest of the case: “clear and convincing evidence,” not just “more likely than not.”
The Lawsuit
California traffic law dictates that all drivers owe other drivers the duty of care to drive safely and obey all traffic laws. In the lawsuit for damages, the plaintiff must prove that the other driver committed a breach of that duty that caused the accident and their injuries. The fact alone 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.
Most times, it is easier to win a civil case than a criminal case, because the burden of proof is 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 occurred. 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 a car accident due to the negligence of another 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.
Uninsured Drunk Drivers in Redlands, CA
While California law requires each driver to hold valid auto insurance, it is not unusual for motorists to find themselves involved in an accident with an uninsured driver. Accidents and injuries caused by uninsured drivers is exactly what uninsured motorist insurance (UM) is for. 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 mandatory in some states, but it’s not mandatory in California. About 17 percent of California drivers carry no insurance at all, well above the national average.
Most insurance companies will cover you or your family members through UM insurance. However, many times when a UM claim is made, your trusted insurance company can make recovering the damages very complex. That is where an experienced attorney can help you. The last thing you want is to face the insurance company’s lawyers alone.
Under-Insured Drunk Drivers in Redlands, CA
While not as bad as an uninsured motorist, an under-insured driver can also cause problems in your claim. As of January 1, 2025, California law requires drivers to carry at least $30,000 per person and $60,000 per accident in bodily injury coverage, up from the old $15,000 and $30,000 limits set back in 1967. Even the new minimum often falls short of a serious injury’s real cost. If you have $100,000 in damages and the driver carries only the state minimum, under-insured motorist coverage can make up the $70,000 gap.
Accidents involving drunk drivers include both a criminal case and a civil case. In the criminal case, the prosecutor represents the State of California, not you. You are responsible for pursuing your own damages if you believe you have a case. Even so, your insurance company will likely fight your claim, and their lawyers know how to win these fights. An experienced attorney can push back on your behalf.
When you’ve been injured through the fault of a drunk driver in Redlands, you may be entitled to fair compensation. You’ll want a knowledgeable, experienced and aggressive Redlands Drunk Driving Accident Lawyer representing you. Reach out to the Duque & Price offices today so that we can help you.
Contact our Redlands 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. Civil lawsuits from Redlands are filed with the San Bernardino Superior Court’s Civil Division, 247 West Third Street, San Bernardino.
Frequently Asked Questions
How long do I have to file a drunk driving injury claim in California?
In most cases, two years from the crash date, under Code of Civil Procedure section 335.1. If the injured person is a minor, or didn’t discover the injury right away, the deadline can be longer. The deadline can be shorter if a government agency is involved.
Can I still recover damages if the drunk driver was never convicted?
Yes. A civil case has a lower burden of proof, so you can win a civil claim even if the driver is acquitted or never charged.
Can I recover punitive damages in a drunk driving case?
Yes. California courts treat driving drunk as a conscious disregard for others’ safety, which can support punitive damages under Civil Code section 3294.
What compensation can I recover after a drunk driving crash?
Medical bills, lost wages, and pain and suffering. In a death case, the family may also recover funeral costs and lost future income.
Do I need a police report to file a claim?
It helps, but it isn’t required. Medical records, photos, and witness statements can also support your case.
How much does it cost to hire a drunk driving accident lawyer?
Duque & Price handles these cases on contingency, so you pay no attorney fee unless the firm recovers compensation for you.
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