Even a small amount of alcohol can impair a driver’s judgment—sometimes fatally.
In 2023 alone, over 2,000 people were killed in crashes where the driver’s Blood Alcohol Concentration (BAC) was below the legal limit of 0.08%. That’s proof that danger doesn’t wait for the threshold to be crossed.
If you’ve been hit by someone driving under the influence, knowing your rights under personal injury law is crucial. From proving fault to dealing with insurance, here’s how to protect yourself, pursue compensation, and build a strong personal injury claim after a DUI crash.
The Reality of DUI Accidents in California
Drunk driving crashes are not only criminal matters—they also create civil liability. Victims of a DUI-related automobile accident have the legal right to sue the responsible party for damages.
These damages can include:
- Medical costs
- Lost wages
- Property damage
- Pain and suffering
- Punitive damages (in severe cases)
Under personal injury law, victims can hold drunk drivers accountable not just criminally but financially. Across the United States, alcohol-impaired driving leads to 32 people dying every day, averaging one tragic death every 45 minutes. California courts take these cases seriously, often awarding higher compensation when the conduct shows clear recklessness.
Step-by-Step Guide to Filing a DUI-Related Personal Injury Claim
If you’ve been involved in a DUI crash, here’s how to build a strong case under personal injury law.
1. Prioritize Your Safety and Medical Attention
- Call 911 immediately.
- Accept or seek medical care, even if injuries seem minor.
- Retain all medical records for your case.
2. Document the Accident Scene
Thorough documentation preserves physical evidence. Capture the following:
- Photos of skid marks, vehicle positions, and road conditions
- Damage to all vehicles involved
- Traffic signs, signals, or obstructions
3. Collect Key Evidence
To hold the drunk driver accountable, compile as much evidence of the accident as possible:
| Type of Evidence | Description |
| Accident report | Official police report documenting DUI charges or arrest |
| Witness statements | Accounts from people who saw the crash |
| Surveillance footage | Video from nearby cameras capturing the event |
| Physical injury photos | Images showing cuts, bruises, or other visible harm |
| Medical records | Doctor reports proving injury severity and treatment plans |
| Accident reconstruction experts | Professionals who can explain fault through science and modeling |
4. Contact our DUI Accident Lawyer
Our drunk driving accident lawyer in Crenshaw can help you:
- Deal with the insurance adjuster and file your insurance claim
- Prove breach of duty and causation
- Present expert witnesses to support your claim
5. Avoid Speaking Directly to Insurance Companies
Many injured parties make the mistake of giving recorded statements. Don’t do it. Insurance companies often aim to minimize your payout. Instead, let your attorney handle all communications with the insurance adjuster.
Why Legal Help Matters in DUI Cases
Handling a DUI-related claim without legal representation is risky. DUI cases often qualify for punitive damages, which require proof beyond regular accident injuries. Our award-winning drunk driving accident lawyer in Crenshaw can:
- Identify valuable evidence that you may overlook
- Secure surveillance footage or hire accident reconstruction experts
- Ensure you’re compensated for all damages, not just the obvious ones
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win. That allows injured people to pursue justice without upfront costs.
4 Tips for a Strong Case
Here’s what to keep in mind to strengthen your case:
- Act quickly – Time is critical in preserving physical evidence like visible injuries or surveillance footage. California’s statute of limitations for most personal injury claims is two years from the date of the crash.
- Do not admit fault – A casual comment at the accident scene can be used against you later. Allow your lawyer and expert witnesses to assess liability based on facts and witness statements.
- Keep a journal – Documenting daily pain levels, emotional struggles, and activity limitations creates a personal record of your suffering. This can support your claim for non-economic damages like pain and suffering.
- Track expenses – Save receipts and bills for all medical costs, transportation, and support services. These records are essential in proving your financial losses and securing fair compensation.
Start Your Recovery With the Right Team
Recovering from a DUI crash is difficult enough. You shouldn’t have to battle insurance companies or navigate personal injury law alone. At Farahi Law Firm, we offer free consultations and personalized support for injured people in California.
Our team in Crenshaw works tirelessly to secure the fair compensation you deserve. If you’ve been involved in a DUI-related crash, don’t wait—contact us today and get the medical care you need and the money you deserve.
