San Diego Drunk Driving Accident Lawyers

Drunk Driving Cases We Handle

The Mason Firm handles serious injury and wrongful death cases involving drunk, impaired, intoxicated, and drug-impaired drivers.

We handle drunk driving accident cases involving:

• car accidents;
• head-on collisions;
• rear-end collisions;
• intersection crashes;
• wrong-way crashes;
• freeway crashes;
• hit-and-run crashes;
• pedestrian accidents;
• bicycle accidents;
• motorcycle accidents;
• rideshare accidents;
• delivery vehicle crashes;
• commercial vehicle crashes;
• crashes involving uninsured drivers;
• crashes involving underinsured drivers;
• serious injuries;
• catastrophic injuries;
• and wrongful death.

These cases may involve alcohol, marijuana, prescription medications, illegal drugs, or a combination of substances. Impairment can affect judgment, reaction time, speed, lane control, braking, perception, and decision-making.

A drunk driving crash should be investigated quickly. Important evidence may include police reports, arrest records, blood alcohol testing, drug testing, body-worn camera footage, dashcam video, witness statements, surveillance footage, bar or restaurant records, rideshare records, vehicle data, and insurance information.

Evidence That Matters in Drunk Driving Accident Cases

Drunk driving accident cases often require careful evidence preservation and investigation. The fact that the driver was arrested may not answer all the important civil questions.

Important evidence may include:

• police traffic collision reports;
• DUI arrest reports;
• body-worn camera footage;
• dashcam footage;
• 911 calls;
• witness statements;
• field sobriety test evidence;
• breath test results;
• blood test results;
• drug recognition evidence;
• toxicology records;
• criminal court records;
• photographs of the scene;
• photographs of vehicle damage;
• surveillance video from nearby businesses;
• bar, restaurant, or event records;
• rideshare records;
• cell phone records;
• vehicle event data;
• insurance information;
• medical records;
• and evidence of the injured person’s damages.

In some cases, the investigation may also examine where the driver was drinking, whether anyone served alcohol to an obviously intoxicated person, whether a company vehicle was involved, whether a rideshare or delivery company was involved, or whether a public entity or dangerous road condition contributed to the crash.

The Difference Between the Criminal Case and the Civil Case

After a drunk driving crash, the impaired driver may face criminal charges. The criminal case is brought by the government and is focused on punishment, public safety, probation, fines, license consequences, restitution, or incarceration.

The civil case is different.

A civil injury claim is brought by the injured person or surviving family. Its purpose is to pursue compensation for the harm caused by the crash. The civil case may include damages for medical bills, future medical care, lost income, reduced earning capacity, pain and suffering, permanent injury, disability, disfigurement, emotional trauma, and wrongful death damages.

A criminal conviction can be important, but a civil case does not always depend on the outcome of the criminal case. Even if the criminal case is delayed, reduced, or resolved by plea, the injured person may still have a civil claim.

Punitive Damages in Drunk Driving Cases

Punitive damages may be available in some drunk driving accident cases, depending on the facts and evidence.

Punitive damages are different from compensatory damages. Compensatory damages are intended to compensate the injured person for losses such as medical bills, lost income, pain and suffering, and future care. Punitive damages are intended to punish and deter especially wrongful conduct when the legal standard is met.

Drunk driving can support a claim for punitive damages in appropriate cases because choosing to drive while impaired can show a conscious disregard for the safety of others. The availability and value of punitive damages depends on the evidence, the driver’s conduct, the extent of intoxication, prior DUI history, the circumstances of the crash, and the driver’s financial condition.

Punitive damages are not automatic in every DUI crash. They must be properly pled and proven. In Taylor v. Superior Court  (1979) 24 Cal.3d 890, the California court held that punitive damages may be assessed where the defendant was driving under the influence of alcohol at the time of the collision. The court concluded that in order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct and that he willfully and deliberately failed to avoid those consequences. Id. at 895-896. 

This means that a plaintiff must establish a high probability of injury occurring, and not merely foreseeability of an injury arising from driving a vehicle while intoxicated. ( Taylor v. Superior Court (1979) 24 Cal.3d 890, 892-893.)

In the case of Dawes v. Superior Court  (1980) 111 Cal.App.3d 82, the Court of Appeals held that driving under the influence may, in appropriate circumstances,  evidence a conscious disregard of probable injury to others and be sufficient to warrant an award of punitive damages. Id. at 88. 

The court in Dawes  noted that conscious disregard of the probability of injury to others under the circumstances, as distinguished from foreseeability of injury, must be established to prevail on a claim for punitive damages and that the act of driving while intoxicated, without evidence of circumstances demonstrating the probability of injury to others, is not sufficient alone to support a claim for punitive damages. ( Dawes v. Superior Court  (1980) 111 Cal.App.3d 82,88.) 

It is because of this complicated set of laws that the victims of injuries from a drunk driving crash need an attorney on their side who is experienced in prosecuting personal injury cases for driving under the influence. 

Insurance Issues After a Drunk Driving Crash

One of the biggest issues in drunk driving accident cases is insurance coverage. Some impaired drivers have minimal insurance, no insurance, or limited assets. Others may be driving someone else’s vehicle, working at the time, using a company vehicle, or covered by additional policies.

Potential sources of recovery may include:

• the drunk driver’s auto insurance;
• the vehicle owner’s insurance;
• employer or commercial coverage;
• rideshare coverage;
• delivery company coverage;
• umbrella or excess insurance;
• uninsured motorist coverage;
• underinsured motorist coverage;
• and other responsible parties depending on the facts.

Because insurance coverage can be complicated, an injured person should not assume the drunk driver’s policy is the only available source of recovery. The Mason Firm investigates ownership, employment, vehicle use, household policies, commercial policies, UM/UIM coverage, and other possible sources of compensation.

Wrongful Death Caused by Drunk Driving

When a drunk driver causes a fatal crash, surviving family members may have a wrongful death claim. A wrongful death case focuses on the loss suffered by the family because of the preventable death.

Drunk driving wrongful death cases may involve:

• head-on collisions;
• wrong-way crashes;
• pedestrian deaths;
• motorcycle deaths;
• bicycle deaths;
• passenger deaths;
• high-speed crashes;
• hit-and-run crashes;
• and crashes involving repeat DUI offenders.

A wrongful death case may require investigation into the driver’s impairment, speed, driving history, criminal case, insurance coverage, assets, available punitive damages, and whether any additional party contributed to the crash.

The Mason Firm represents families in serious wrongful death cases and understands the importance of early evidence preservation, careful damages presentation, and accountability for preventable deaths.

Common Injuries Caused by Drunk Driving Accidents

Drunk driving crashes often involve high speeds, delayed braking, wrong-way travel, unsafe turns, lane departures, or severe impacts. The injuries can be catastrophic.

Common injuries include:

Traumatic Brain Injuries
A crash may cause concussion, brain bleeding, cognitive problems, memory issues, dizziness, headaches, mood changes, and long-term neurological symptoms.

Neck and Back Injuries
Victims may suffer herniated discs, spinal injuries, nerve damage, chronic pain, and limitations that affect work and daily life.

Broken Bones and Orthopedic Injuries
DUI crashes may cause fractures of the legs, arms, ribs, pelvis, hips, wrists, ankles, shoulders, and facial bones. Surgery and hardware may be required.

Internal Injuries
High-impact collisions can cause internal bleeding, organ damage, chest trauma, abdominal injuries, and other life-threatening harm.

Spinal Cord Injuries
Some crashes cause partial or complete paralysis, permanent weakness, sensory loss, and long-term care needs.

Burns, Scarring, and Disfigurement
Severe crashes may involve fire, broken glass, lacerations, burns, scarring, or permanent disfigurement.

Psychological Trauma
Victims may suffer anxiety, depression, nightmares, driving fear, post-traumatic stress, and loss of enjoyment of life.

Wrongful Death
In the most tragic cases, drunk driving causes preventable death.

The full impact of these injuries may not be known immediately. A proper claim should consider both current harm and future consequences.

Damages Available in Drunk Driving Accident Cases

The damages available depend on the facts, injuries, insurance coverage, and responsible parties.

Recoverable damages may include:

Medical Expenses
This may include ambulance care, emergency treatment, hospitalization, surgery, imaging, medication, rehabilitation, physical therapy, injections, and follow-up care.

Future Medical Care
Serious injuries may require future surgery, therapy, pain management, neurological care, orthopedic care, assistive devices, or long-term support.

Lost Income
An injured person may recover income lost because of hospitalization, recovery, medical appointments, or inability to work.

Loss of Earning Capacity
When injuries affect the person’s ability to work in the future, damages may include reduced earning capacity.

Pain and Suffering
Damages may include physical pain, emotional distress, anxiety, inconvenience, loss of independence, sleep disruption, and loss of enjoyment of life.

Permanent Injury, Disability, or Disfigurement
A serious DUI crash may cause permanent limitations, scarring, chronic pain, brain injury, spinal injury, or disability.

Property Damage
The claim may include vehicle damage and other personal property losses.

Wrongful Death Damages
When drunk driving causes death, qualifying family members may pursue damages for the loss of love, companionship, comfort, care, assistance, protection, guidance, support, and other losses recognized under California law.

Punitive Damages
Punitive damages may be available in appropriate cases if the evidence supports the required showing.

What to Do After Being Hit by a Drunk Driver

After a drunk driving accident, the steps taken early can affect both the injured person’s health and the legal claim.

Consider taking the following steps:

1. Call 911.
   Make sure law enforcement responds, especially if impairment is suspected.
2. Get medical care immediately.
   Serious injuries may not be obvious at the scene. Prompt care protects your health and creates documentation.
3. Tell officers if you suspect impairment.
   Report observations such as odor of alcohol, slurred speech, erratic driving, open containers, drug use, or unusual behavior.
4. Take photographs and video if possible.
   Document vehicle damage, the crash scene, injuries, skid marks, debris, road conditions, and anything else that may matter.
5. Identify witnesses.
   Witnesses may have seen the driver drinking, speeding, swerving, running lights, or behaving strangely after the crash.
6. Preserve all records.
   Save medical records, police information, insurance communications, photographs, videos, repair documents, and notes.
7. Avoid speaking casually with insurance adjusters.
   Insurance companies may look for ways to minimize the claim, even when the other driver was arrested.
8. Do not rush into settlement.
   The full extent of injury, treatment, insurance coverage, and punitive damages may not be known immediately.
9. Contact an attorney promptly.
   Early legal review can help preserve evidence, monitor the criminal case, identify insurance coverage, and protect deadlines.