Sacramento Drunk Driving Accident Lawyer

The drunk driver bears primary liability for your injuries under California’s negligence per se doctrine — driving under the influence violates Vehicle Code §23152, and that violation establishes fault as a matter of law. In some Sacramento cases, additional parties may share liability, including a bar or restaurant that overserved the driver under California’s Dram Shop Act (Business & Professions Code §25602.1), or an employer if the driver was on the clock. We investigate every potential source of liability to maximize your recovery.

Under California Code of Civil Procedure §335.1, you have two years from the date of the accident to file a personal injury lawsuit. If you were injured on a Sacramento city or county road and a government entity may share liability — for example, a negligently designed intersection on Florin Road or Watt Avenue — you must file a government tort claim within just six months. Missing either deadline typically bars your case permanently, which is why we recommend contacting us as soon as possible after the crash.

You can pursue both economic and non-economic damages, including all past and future medical bills, lost wages, reduced earning capacity, vehicle repair or replacement, and pain and suffering. Because drunk driving involves willful misconduct, California law also allows punitive damages under Civil Code §3294 — an additional award designed to punish the drunk driver and deter similar conduct. Punitive damages in DUI cases can significantly increase the total value of your claim beyond what a standard negligence case would yield.

No — your civil case is entirely separate from the criminal DUI prosecution handled by the Sacramento County District Attorney. The civil standard of proof is ‘preponderance of the evidence’ (more likely than not), which is far lower than the ‘beyond a reasonable doubt’ standard required for a criminal conviction. Even if charges are reduced or dismissed, we can still use the police report, chemical test results, field sobriety test data, and witness statements from Sacramento PD or the CHP to establish fault in your civil case.

California follows pure comparative fault, meaning you can still recover damages even if you were partially responsible for the crash. Your compensation is simply reduced by your percentage of fault — if a jury finds you 20% at fault for an unsafe lane change on I-5 near Downtown Sacramento, you recover 80% of your total damages. We work to minimize any fault attributed to you by thoroughly documenting the drunk driver’s impairment and the chain of events leading to the collision.

We work with Sacramento-area medical providers who treat accident victims on a lien basis, meaning they defer payment until your case settles or goes to verdict. Your own health insurance and any MedPay or PIP coverage on your auto policy can also cover treatment immediately. You should never delay medical care due to cost — gaps in treatment give insurance adjusters grounds to argue your injuries are less serious than claimed, which directly reduces your compensation.

Most drunk drivers carry standard California liability coverage, and their insurer is obligated to handle bodily injury claims up to the policy limits — California’s minimum limits are only $15,000 per person, which is often grossly inadequate for serious injuries. When the at-fault driver is underinsured or uninsured, we pursue your own uninsured/underinsured motorist (UM/UIM) coverage, which California insurers are required to offer. If punitive damages apply, the drunk driver’s personal assets may also be reachable, since most policies exclude punitive coverage.

Call 911 immediately so Sacramento Police Department or CHP officers can respond, document the driver’s impairment, and prepare an official report — this report is critical evidence in your civil case. Photograph all vehicle damage, road conditions, skid marks, traffic signals, and any visible injuries before the scene is cleared. Get names and contact information from all witnesses, and seek emergency medical evaluation the same day even if you feel fine, since adrenaline often masks symptoms of traumatic brain injury, whiplash, and internal injuries.

Cases involving clearly impaired drivers with documented BAC results often settle within 6 to 18 months, depending on the severity of injuries and whether liability is disputed. If your injuries are catastrophic — spinal cord damage, traumatic brain injury, or wrongful death — we typically wait until you reach maximum medical improvement before negotiating, so the full scope of future care costs is established. If the insurer refuses a fair settlement, we file in Sacramento County Superior Court and proceed to trial, which can extend the timeline to 2 to 3 years.

We handle all Sacramento drunk driving accident cases on a contingency fee basis — you pay nothing unless and until we recover compensation for you. Our fee is a percentage of the final settlement or verdict, so there is no upfront cost, no hourly billing, and no out-of-pocket expenses while your case is active. This structure means our interests are completely aligned with yours: the more we recover, the better the outcome for both of us.

Once you sign a release of liability, your claim is extinguished and you generally cannot reopen it — which is exactly why insurance adjusters rush to offer settlements before you understand the full value of your injuries. If the adjuster has already contacted you, do not sign anything before speaking with us. In rare circumstances where fraud or misrepresentation occurred in obtaining the release, California courts may allow it to be set aside, but those cases are difficult and expensive to pursue.

Commercial trucking companies and their insurers are subject to FMCSA regulations requiring drivers to maintain a BAC below 0.04%, and any impairment on the job exposes the employer to direct liability for negligent hiring, supervision, and retention. Rideshare companies like Uber and Lyft carry up to $1 million in liability coverage when a driver is actively transporting a passenger. These cases involve larger insurance policies and more sophisticated defense teams, which is why experienced representation from the outset is essential.

Case value depends on the severity of your injuries, the cost of all past and future medical care, your lost income, and the degree of pain and suffering you have endured — a high-speed DUI collision on Highway 50 or the Business 80 interchange typically results in far greater damages than a low-speed parking lot incident. The availability of punitive damages in drunk driving cases means your potential recovery can substantially exceed what a standard negligence case would yield. We have recovered substantial settlements and verdicts in Sacramento drunk driving cases, and we provide an honest case evaluation at no charge during your free consultation.

Hit-and-run drunk driving accidents are tragically common in Sacramento, particularly on corridors like Stockton Boulevard and Elsie Avenue. If the at-fault driver cannot be identified, your own uninsured motorist (UM) coverage steps in to compensate you for bodily injury — California law requires insurers to offer this coverage, and we help you navigate the UM claims process. We also work with Sacramento PD investigators, review traffic camera footage, and canvass for witnesses to identify hit-and-run drivers whenever possible.

We offer a completely free, no-obligation consultation where we review your police report, medical records, and accident details to give you an honest assessment of your case and its likely value. There is no pressure to hire us and no cost regardless of what you decide. The sooner we get involved, the better — witnesses’ memories fade, surveillance footage from Sacramento businesses is typically overwritten within 30 to 60 days, and the drunk driver’s insurer may already be building a defense. Contact us today so we can preserve evidence and protect your rights from the start.