Los Angeles drunk driving accident lawyer

Why a DUI civil case is its own framework

A DUI collision case is two cases simultaneously. The criminal case proceeds in LA County Superior Court (or Beverly Hills, Van Nuys, Pasadena, depending on venue) under CVC §23152 with the District Attorney as prosecutor. The civil case proceeds separately, brought by the injured plaintiff, with damages and punitive exposure as the centerpieces. The two tracks need to coordinate but do not merge.

On punitives, California courts have long held that drunk driving — particularly with a high BAC, a prior DUI history, or aggravating circumstances — supports clear-and-convincing-evidence findings of malice under Civil Code §3294. Taylor v. Superior Court (1979) 24 Cal.3d 890 and its progeny establish that conscious disregard of the foreseeable risk of harm — driving while substantially impaired — qualifies as malice. The criminal conviction is admissible in the civil case.

On dram-shop liability, California is restrictive. Civil Code §1714(c) generally bars liability against social hosts and commercial alcohol providers for furnishing alcohol to adults. The principal exception is service of alcohol to an obviously intoxicated minor under twenty-one — Civil Code §1714(c)(2) creates limited liability against bars, restaurants, and social hosts in those narrow facts. The exception is litigated case by case.

On evidence, the case work centers on BAC results (admissible in the civil case under California Evidence Code §1280 business-records framework or as prior recorded testimony from the criminal case), the police body-cam footage and field-sobriety tests, prior DUI history (admissible to show malice for punitive purposes), and the defendant's asset profile (because punitive damages are recovered from personal assets, not just insurance).

Burg & Brock has tried DUI cases through punitive-damages discovery, asset analysis, and umbrella-policy investigation for two decades. The firm coordinates with the District Attorney's office on restitution and trial-timing issues. The civil case is built to maximize the recovery from the policy stack, the umbrella, and the defendant's personal assets.

Your rights under California law

California DUI civil law runs through the Vehicle Code, the Civil Code's punitive-damages framework, and the Insurance Code's UM/UIM coverage rules.

• California Vehicle Code §23152 — driving under the influence — primary criminal statute and the civil case's underlying violation.
• California Vehicle Code §23153 — DUI causing injury — felony enhancement and a separate civil-case basis.
• California Civil Code §3294 — punitive damages — clear and convincing evidence of malice, oppression, or fraud.
• California Civil Code §1714 — general negligence; subsection (c) bars most dram-shop liability with narrow minor exception.
• California Business & Professions Code §25602.1 — civil liability for serving alcohol to an obviously intoxicated minor — the exception to the §1714(c) bar.
• California Insurance Code §11580.2 — uninsured/underinsured motorist coverage — DUI defendants are often underinsured.
• California Code of Civil Procedure §335.1 — two-year statute of limitations.

Taylor v. Superior Court (1979) 24 Cal.3d 890 establishes that drunk driving can support punitive damages under Civil Code §3294 — conscious disregard of the foreseeable risk of harm constitutes malice. College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704 frames the heightened pleading and proof requirements for punitive damages.

People v. Watson (1981) 30 Cal.3d 290 — California Supreme Court decision recognizing implied-malice murder for repeat DUI offenders, with civil-case implications when defendant has prior DUI history. Howell v. Hamilton Meats & Provisions (2011) 52 Cal.4th 541 controls medical-bill admissibility.

How Burg & Brock works your case

DUI civil cases require parallel coordination with the criminal case and an expanded asset-and-policy investigation because of punitive exposure.

1. Criminal-case coordination. Track the criminal proceeding — arraignment, plea, BAC results, prior history, plea or trial. Coordinate timing of civil discovery to use criminal-case evidence.
2. Asset-and-policy discovery. Standard auto policy, umbrella policy, household policies, real estate, business interests, retirement and investment accounts. Punitive damages are recovered from personal assets.
3. Prior-DUI history discovery. DMV records, court records on prior DUI convictions or arrests. Admissible to show pattern and conscious disregard for punitive purposes.
4. Dram-shop investigation. Where minor-service is suspected, investigate the bar, restaurant, or social-host sequence. Receipts, surveillance, witness interviews.
5. Medical-and-damages workup. Standard catastrophic or routine-injury workup based on plaintiff's injuries.
6. Demand and litigation. Demand structured to compensatory and punitive damages, including request for asset disclosure under Civil Code §3295. Filing in LA County Superior Court.

Operational note: criminal-case restitution can offset civil damages but does not bar the civil case. We coordinate with the DA's office to ensure restitution claims align with the civil demand.

Common DUI collision profiles in Los Angeles

Common causes

• Driving under the influence in violation of CVC §23152.
• Driving with BAC at or above 0.08 percent (CVC §23152(b)).
• Driving with BAC at or above 0.04 percent for commercial drivers (CVC §23152(d)).
• Driving with any measurable BAC for under-21 drivers (CVC §23136 zero-tolerance).
• Driving under the influence of drugs (CVC §23152(f)).
• Driving under the combined influence of alcohol and drugs (CVC §23152(g)).
• Reckless driving in addition to DUI (CVC §23103).
• DUI with prior DUI history (Watson advisement, implied-malice exposure).

Liability theories

DUI civil liability typically reaches the at-fault driver and any commercial alcohol provider (in narrow facts). The standard analysis includes:

• The DUI driver — primary negligence under Civil Code §1714 and CVC §23152/§23153 violation; punitive exposure under Civil Code §3294.
• The driver's personal assets — punitive damages are recovered from personal assets when insurance does not cover.
• The driver's employer if on the job at the time — respondeat superior.
• The vehicle owner if the driver was operating with permission under CVC §17150.
• A commercial alcohol provider in narrow minor-service facts under BPC §25602.1.
• The plaintiff's UM/UIM carrier when the at-fault driver is uninsured or underinsured.

Insurance does not cover punitive damages in California. Punitive recoveries come from the defendant's personal assets. Asset discovery is part of standard early DUI civil-case work.

How damages break down

Economic and non-economic compensatory damages on a DUI case follow standard tort analysis. The case-changing element is punitive damages.

Punitive damages under Civil Code §3294 require clear and convincing evidence of malice, oppression, or fraud. Taylor v. Superior Court (1979) 24 Cal.3d 890 and its progeny establish that DUI alone — particularly with high BAC, prior history, or aggravating circumstances — supports the malice finding. The amount is constrained by federal due-process limits (BMW v. Gore, State Farm v. Campbell) but routinely runs into seven figures in California catastrophic DUI cases.

Wrongful-death heirs recover under CCP §377.60 for loss of comfort, society, and economic support. Survival actions for the decedent's pre-death pain and suffering can be added under CCP §377.30.

Reported settlement and verdict ranges

Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.

Why work with Burg & Brock

Burg & Brock has tried DUI civil cases through asset discovery, prior-history admissibility, and umbrella-policy litigation. The Civil Code §3295 asset-disclosure motion is reflexive when punitive exposure is on the table.

Coordination with the District Attorney's office on restitution and timing is part of standard practice.

Contingency fee. Free consultation. Twenty-four-hour line.

Steps after a Los Angeles DUI collision

1. Get medical care first. ER evaluation. Document everything.
2. Get the police report and BAC. BAC results are part of the criminal-case file. We obtain them through the DA's office.
3. Photograph everything. Vehicle damage, scene, your injuries, any visible evidence of the driver's impairment.
4. Get witness contact info. Witnesses to the impact and to the driver's behavior at the scene.
5. Track the criminal case. Arraignment, plea, sentencing dates. Restitution is part of the criminal case.
6. Do not give a recorded statement. Refer carrier requests to your attorney.
7. Call a lawyer in the first ninety-six hours. Punitive-case asset and prior-history work starts early.

Where these cases are filed

LA County Superior Court — Stanley Mosk Courthouse — for cases in LA County. Criminal cases run in parallel in the criminal-court branch.

Restitution from the criminal case can offset civil damages but does not bar the civil case.

Frequently asked questions

Related practice areas

• Pedestrian cases — right-of-way framework.
• Rear-end cases — presumption framework.
• Head-on cases — catastrophic-injury framework.
• TBI cases — neuropsych framework.
• SCI cases — life-care planning.

Related locations

• Beverly Hills representation
• Santa Monica representation
• Glendale representation
• Pasadena representation
• Sherman Oaks representation