Beyond the criminal case, you have a separate civil claim — and may be entitled to punitive damages.
Your Civil Claim Is Separate
The criminal prosecution of a drunk driver is separate from your civil claim for compensation. Even a conviction does not pay your bills — only a civil claim does that.
You can pursue compensation regardless of how the criminal case turns out.
Punitive Damages for Drunk Drivers
California allows punitive damages against drunk drivers because driving impaired is considered conscious disregard for others' safety. These damages punish and deter.
Punitive damages can substantially increase a recovery in a DUI-crash case.
Restitution vs. Civil Compensation
Criminal restitution may cover some losses, but it is often limited and slow. A civil claim can pursue the full range of damages, including pain and suffering.
Both can be pursued, and a civil claim usually offers more complete recovery.
Identifying All Sources of Recovery
Beyond the driver, recovery may come from their insurance, your UM/UIM coverage, and in narrow cases a bar or host. Finding every source is essential.
Maximizing recovery often means looking beyond the driver alone.
The Criminal Case Can Help Your Civil Claim
A DUI conviction or the evidence gathered by police — breath tests, reports, witness accounts — can strengthen your civil claim significantly.
Coordinating with the criminal case timeline can benefit your civil recovery.
Taking the First Step
If you were hurt by a drunk driver, prompt medical care and preservation of evidence protect both your health and your claim.
A free case review can explain your rights as a DUI victim in California.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.