If you or a loved one was seriously injured by a drunk or drugged driver in San Francisco or anywhere in California, you have civil rights that exist separately from any criminal case against the driver. At Sally Morin Personal Injury Lawyers we focus on serious traffic-accident injuries. We pursue full compensation for medical care, lost income, pain and suffering, and, when the facts support it, punitive damages against the impaired driver.
Why Choose Sally Morin Law for Your Drunk Driving Injury Case
We are a five-star rated, all-female California personal injury firm that has represented seriously injured clients since 1997. Our practice is limited to cases involving broken bones, traumatic brain injuries, injuries requiring hospitalization or surgery, and other life-changing harm.
Impaired-driving crashes often produce severe injuries because the at-fault driver has reduced reaction time, poor judgment, and a higher likelihood of high-speed or erratic behavior. These cases also open legal avenues that ordinary negligence claims do not, including the possibility of punitive damages and, in limited situations, claims against the provider of alcohol.
Named result involving an intoxicated driver:
$841,500 – San Francisco rideshare passenger injured when an intoxicated driver ran a red light at high speed. Recovery combined multiple coverage layers.
Fee promise: We work on a pure contingency fee. You pay no attorney fees unless we recover compensation for you. We also negotiate medical liens so more of the recovery stays with you.
Notable Results in Impaired-Driving and High-Impact Cases
$841,500 – Intoxicated Driver, Rideshare Passenger
A passenger was struck by a driver who ran a red light while intoxicated. Settlement included third-party limits, UIM, and excess coverage.
$1,650,000 – Pedestrian, High-Impact Collision
Severe traumatic brain injury and multiple fractures after a crosswalk impact.
$700,000 – Pedestrian, Distracted Driver
Marked-crosswalk collision; recovery included umbrella coverage.
Key California Laws That Apply to Drunk Driving Injury Claims
Vehicle Code DUI provisions
- CVC § 23152(a) and (b): Driving under the influence of alcohol or drugs, or with a BAC of 0.08% or higher.
- CVC § 23153: DUI causing bodily injury. A criminal charge or conviction under this section is powerful evidence in the civil case.
- CVC § 20001: Duty to stop and render aid. Leaving the scene after an injury crash strengthens both criminal and civil liability.
Punitive damages – Civil Code § 3294
Punitive damages are available when the defendant acted with malice, oppression, or fraud. Driving while intoxicated can meet the “malice” standard when the evidence shows conscious disregard of the safety of others. Punitive damages are not covered by insurance. They are paid by the defendant personally and can significantly increase the total recovery when the driver has assets. This remedy is far more available in DUI cases than in ordinary negligence claims and is one of the main reasons these cases carry higher potential value.
Dram shop and social host liability – Business and Professions Code § 25602.1
California strictly limits claims against providers of alcohol. Under § 25602.1, a licensed seller of alcohol may be held liable only when the seller serves alcohol to an obviously intoxicated minor who then causes injury. Ordinary social hosts are generally protected from liability for serving alcohol to adults. These claims are narrow but important to evaluate when the facts fit.
Pure comparative negligence and basic duty of care
You may still recover even if you were partly at fault. The at-fault driver’s intoxication does not erase your own duty of care, but it strongly supports a finding of liability against the impaired driver.
San Francisco and Bay Area Impaired-Driving Collisions
Dense nightlife districts, late-night traffic, and a high volume of rideshare and private vehicles create frequent opportunities for impaired-driving crashes. Many of the most serious injury collisions occur on major corridors and near entertainment areas where alcohol service is concentrated.
Cases arising in San Francisco are typically filed in San Francisco Superior Court. East Bay, Peninsula, and South Bay collisions may be in the appropriate county superior court. Police reports, breath or blood test results, body-camera footage, and toxicology evidence are often central. We obtain and use those materials in the civil case.
Civil Claim Versus Criminal Case, and How Restitution Fits
Two separate tracks
The criminal case is brought by the government against the driver. It can result in fines, license suspension, jail or prison time, probation, and a restitution order.
The civil case is brought by the injured person against the driver (and any other responsible parties) for money damages. The two cases run on different timelines and different standards of proof. A criminal conviction is helpful evidence in the civil case, but you do not need a conviction to recover civil damages. Likewise, a plea deal or dismissal in the criminal case does not end your civil claim.
Restitution
A criminal court may order the defendant to pay restitution for certain out-of-pocket losses. Restitution is usually limited and does not cover the full range of civil damages such as pain and suffering, future medical care, or punitive damages. Any restitution paid is typically credited against the civil recovery so there is no double payment for the same economic loss. We coordinate with the criminal proceedings when necessary while keeping the civil claim focused on complete compensation.
Immediate steps after a DUI crash
- Seek medical care right away.
- Call 911 and make sure a police report is created. Note any DUI investigation, field sobriety tests, or chemical tests.
- Document the scene, vehicles, and injuries.
- Obtain witness information.
- Avoid recorded statements to any insurance company without legal advice.
- Preserve medical records and proof of lost income.
- Contact a lawyer experienced in DUI-victim civil claims promptly.
What our firm handles
- Collection of the police report, toxicology results, and related criminal-case materials
- Full documentation of injuries and future care needs
- Identification of all available insurance and personal assets of the driver
- Evaluation of punitive-damages potential
- Review of possible dram-shop or other third-party claims
- Negotiation of medical liens
- Litigation when a fair settlement cannot be reached
Typical timeline
Some claims resolve within months after medical treatment stabilizes. Cases that involve disputed liability, significant injuries, or punitive-damages claims often take longer. We keep the civil case moving independently of the criminal calendar.
Frequently Asked Questions – Drunk Driving Injury Claims
Can I sue a drunk driver even if criminal charges are still pending?
Yes. The civil claim is independent. You do not have to wait for the criminal case to finish.
What are punitive damages and when are they available?
Punitive damages punish and deter especially wrongful conduct. In DUI cases they may be available when the evidence shows the driver acted with conscious disregard for safety. They are paid by the defendant, not by insurance.
What is dram shop liability in California?
Under Business and Professions Code § 25602.1, a licensed alcohol seller can be liable only in narrow circumstances, primarily involving service to an obviously intoxicated minor. Social host liability is also tightly limited.
How does criminal restitution affect my civil case?
Restitution covers limited economic losses ordered by the criminal court. It is credited against the civil recovery for the same losses. It does not replace a full civil claim.
What if the drunk driver has little or no insurance?
We look at your own UM/UIM coverage, any umbrella policy, and the driver’s personal assets. Punitive damages, when awarded, are also a personal obligation of the driver.
Can passengers injured by a drunk driver bring a claim?
Yes. Passengers have the same civil rights as other injured parties.
How long do I have to file a civil claim?
Most claims must be filed within two years of the injury. Early action preserves evidence and protects deadlines.
Do I need a lawyer if the driver already pleaded guilty to DUI?
A guilty plea helps, but it does not automatically produce full civil compensation. Insurance companies still contest damages, and punitive-damages or coverage issues often require experienced handling.
What Clients Say
Contact a California Drunk Driving Injury Lawyer Today
If you or a loved one was injured by an impaired driver, speak with our team. We will explain the difference between the criminal case and your civil claim, evaluate punitive damages and any dram-shop issues, and pursue the full compensation the law allows.
Meet Our Team
Get the settlement you deserve
Since 1997, Sally Morin Personal Injury Lawyers have helped clients recover compensation for serious injuries from car, motorcycle, scooter accidents, and more. Contact our expert team for help with your California injury case.
Our Location
We serve clients throughout Oakland and the East Bay from our San Francisco headquarters.