How We Handle a Drunk Driving Accident Case

The first step is a free consultation to review the facts of your case and explain your legal options. From there, we move quickly to preserve critical evidence. The police report, BAC test results, witness statements, and accident scene documentation can all fade or disappear without prompt action.

As the case develops, we may work with accident reconstruction specialists or medical experts to establish the full scope of your injuries and future treatment needs. The at-fault driver’s insurance company begins building its defense immediately after the accident, so having legal representation early limits the risk of a recorded statement or adjuster contact undermining your claim before it’s fully developed.

Most drunk driving accident claims resolve through settlement negotiations. Our experience handling cases against large insurance carriers, combined with a willingness to litigate when necessary, positions us to pursue the strongest possible outcome. We handle all of it on a contingency-fee basis, so our interests are aligned with yours throughout.

California Dram Shop Law & Third-Party Liability

California takes a narrower approach to third-party liability for alcohol service than most states. Under California Civil Code Section 1714, the law treats the consumption of alcohol, not the furnishing of it, as the proximate cause of DUI-related injuries. As a result, bars, restaurants, and social hosts generally can’t be held civilly liable when an adult they served causes a drunk driving accident.

There are two notable exceptions. California Business and Professions Code Section 25602.1 allows a civil claim against a licensed alcohol vendor who sells or furnishes alcohol to an obviously intoxicated minor under 21 who then causes injury. California Civil Code Section 1714(d) similarly allows liability against a parent or social host who knowingly provides alcohol to an underage guest at their residence when that minor later causes a DUI accident.

Because California’s dram shop law is more limited than in many other states, the drunk driver’s own insurer is typically the primary source of recovery. We can assess whether any third-party theory applies to the specific facts of your case.

Frequently Asked Questions

How long do I have to file a claim in California?
The statute of limitations for personal injury claims is generally two years from the date of the accident under Code of Civil Procedure Section 335.1. If a government entity such as Caltrans is a potentially liable party, the deadline to file a government tort claim is six months from the date of injury. Missing either deadline can bar your claim entirely.

Does the drunk driver have to be convicted for me to sue?
No. A civil claim operates under a lower standard of proof than a criminal prosecution. Even if the driver is acquitted or the criminal case doesn’t result in a conviction, you can still prevail in a civil lawsuit based on the available evidence of intoxication.

What if the drunk driver who hit me is uninsured or underinsured?
California requires drivers to carry minimum liability coverage, but not all do. If the at-fault driver lacks sufficient insurance, your own uninsured or underinsured motorist coverage may provide a source of recovery. We can evaluate all available options during your free consultation.

If you were injured by a drunk driver in Modesto or anywhere in Stanislaus County, don’t wait to get legal advice. Call Law Offices of Steven A. Fabbro at (415) 275-3008 for a free consultation. There are no fees unless we recover compensation for you.