Being hit by a drunk driver is a frightening and often life-changing experience. Beyond the immediate shock and injuries, victims are left wondering what steps to take and what their legal rights are. At Boeger Law Firm, with offices in Brentwood, Isleton, and Tracy, California, we help victims of DUI-related accidents pursue justice and full compensation.
Here’s what you need to know if a drunk driver hits you.
Drunk Driving Accidents Are Taken Seriously in California
Driving under the influence of alcohol or drugs is illegal in California, and drivers who cause accidents while impaired face both criminal penalties and civil liability.
This means the at-fault driver may be:
- Prosecuted by the state (criminal case)
- Held financially responsible to you (civil personal injury claim)
These are separate proceedings, and you may pursue compensation regardless of the outcome of the criminal case.
What to Do Immediately After the Accident
Your safety and health come first. If you are hit by a drunk driver:
- Call 911 and report the accident
- Request medical attention, even if injuries seem minor
- Cooperate with law enforcement—officers may conduct sobriety tests
- Gather evidence (photos, witness information, vehicle damage)
- Avoid discussing fault at the scene
A police report documenting suspected intoxication can be powerful evidence in your case.
Who Is Liable for Your Injuries?
In most DUI accident cases, the drunk driver is clearly at fault. However, liability may extend beyond the driver in some situations:
1. The Drunk Driver
The primary responsible party for your injuries and damages.
2. Bars or Restaurants (Dram Shop Laws)
California has limited “dram shop” liability. In most cases, bars are not liable for serving alcohol to adults—but there are exceptions, such as serving obviously intoxicated minors.
3. Social Hosts
Adults who provide alcohol to minors may also be held responsible if that minor causes an accident.
What Compensation Can You Recover?
If a drunk driver hits you, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Emotional distress
Punitive Damages May Apply
Unlike typical car accident cases, DUI accidents often involve punitive damages. These are meant to punish the drunk driver for reckless behavior and deter others from similar conduct.
Dealing with Insurance After a DUI Accident
Even though the driver was intoxicated, insurance companies will still be involved. You may deal with:
- The at-fault driver’s liability insurance
- Your own uninsured/underinsured motorist coverage
Insurance companies may still attempt to:
- Minimize payouts
- Dispute the extent of your injuries
- Delay your claim
Having legal representation can make a significant difference in the outcome.
Why You Should Contact a Personal Injury Attorney
Drunk driving accident cases can be complex, especially when serious injuries are involved. At Boeger Law Firm, we help clients:
- Investigate the accident and gather evidence
- Work with medical experts to prove damages
- Handle all communication with insurance companies
- Pursue maximum compensation, including punitive damages
We understand how devastating these accidents can be, and we are committed to holding negligent drivers accountable.
The Bottom Line
If a drunk driver hits you, you have the right to seek compensation and justice. California law provides strong protections for victims, especially in cases involving reckless or impaired driving.
Contact Boeger Law Firm Today
If you or a loved one has been injured by a drunk driver in Brentwood, Isleton, Tracy, or anywhere in California, don’t face the process alone.
Contact Boeger Law Firm today for a consultation and let our experienced personal injury attorneys help you move forward with confidence.