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Los Angeles Drunk Driving Accident Lawyers, DUI Cases Can Support Punitive Damages

A DUI conviction is not required to pursue punitive damages in a civil case. We build the evidence case that proves conscious disregard for human life.

4.5 ★ Google Rating  ·  No Fee Unless We Win  ·  Available 24/7

01

Former Insurance Defense

David Lederer and John Nojima defended insurers for years before switching sides. They know every argument an insurer raises to reduce your DUI injury settlement.

02

No Fee Unless We Win

Zero upfront cost. We work on contingency, our fee comes from your recovery. If we do not win, you pay nothing.

03

Free Consultation 24/7

Call any time. We respond to urgent matters around the clock and take over all insurer communication the day you hire us.

What Our Clients Say

John Nojima was very attentive and made sure that my well-being and my vehicle were well taken care of. Mr. Nojima and his staff often worked extended hours to accommodate my schedule.

Karla · Car Accident Client

You are NEVER left waiting days to hear back from an atty. They are extremely responsive and always kept me informed throughout the entire process.

G.A. · Accident Injury Client

What the Insurance Company Will Not Tell You After a Drunk Driving Accident

These are tactics we used when we defended insurers. Now we expose them.

They rush a settlement before the criminal case produces conviction evidence

A DUI conviction is powerful evidence in your civil case. Insurers know this. They call early with settlement offers specifically to close your case before any criminal conviction comes in. Once you sign a release, you cannot come back, even if the driver is later convicted.

They dispute the BAC level at time of impact

Insurers retain experts to argue the blood test was taken hours after the collision and doesn't reflect actual impairment at the moment of impact. We counter this by securing all breathalyzer and blood draw records, timestamps, and witness observations of the driver's behavior before and after the crash.

They argue you were also negligent

California's comparative fault rule lets insurers reduce your recovery if they can show you share any responsibility. They may argue your speed, lane position, or reaction time contributed to the collision. We document the full accident scene to establish the drunk driver's conduct as the sole cause.

What to Do Immediately After a Drunk Driving Accident in Los Angeles

  1. 1

    Call 911 immediately. Police will respond, conduct field sobriety tests, and document the driver's impairment in their report. That police report is foundational evidence in your civil case.

  2. 2

    Do not approach or confront the drunk driver. Let police handle the interaction.

  3. 3

    Get witness names and contact information, especially anyone who observed the driver's behavior before the impact or saw them drinking beforehand.

  4. 4

    Photograph all vehicle positions, skid marks (or their absence, drunk drivers often don't brake), traffic signals, and your injuries.

  5. 5

    Seek medical attention immediately, even if you feel okay. Emergency room records document your injuries before the insurer can argue they happened elsewhere.

  6. 6

    Do not speak to the at-fault driver's insurance company without counsel. Their job is to minimize your claim, and drunk driving cases often produce punitive damages claims that increase the stakes dramatically.

  7. 7

    Call Lederer & Nojima at (310) 312-1860. DUI evidence and witness memories are time-sensitive, the sooner we engage, the stronger your case.

How We Handle Your Drunk Driving Accident Case

01

Free Consultation

We review your case at no charge. We will assess the evidence of intoxication, identify all liable parties, and evaluate whether punitive damages are available on your specific facts.

02

We Take Over

We send a representation letter to all insurers. From this point forward, they talk to us, not you. We also coordinate with the district attorney's office to monitor the criminal case for evidence that strengthens your civil claim.

03

Investigation

We secure police reports, breathalyzer and blood test records, surveillance footage, bartender and witness statements, and any evidence of third-party dram shop liability. We document every element of your damages.

04

Demand and Negotiation

Our demand package addresses both compensatory damages and the punitive damages exposure, which changes the calculus for the insurer and for the individual driver. When they lowball, we escalate.

05

Settlement or Trial

Most cases settle. When they do not, we litigate and try cases to verdict. The threat of a punitive damages award before a Los Angeles jury is real leverage in every negotiation.

Compensation You May Be Entitled To

Emergency medical care
Future surgery and treatment
Physical therapy
Lost wages
Lost earning capacity
Pain and suffering
Emotional distress and PTSD
Property damage
Punitive damages (where applicable)
Loss of enjoyment of life

California Drunk Driving Civil Law

California Civil Code section 3294 authorizes punitive damages against defendants who acted with malice, oppression, or fraud. Courts have consistently found that driving under the influence meets the standard of conscious disregard for the safety of others, the legal threshold for malice in California. A criminal conviction helps but is not required to pursue punitive damages in your civil case.

California Vehicle Code section 23152 makes drunk driving a criminal offense and constitutes negligence per se in civil cases, meaning the insurer cannot dispute that the driver was negligent once impairment is established. Business and Professions Code section 25602 addresses potential liability of commercial alcohol providers who serve visibly intoxicated individuals.

The statute of limitations for personal injury in California is two years from the date of the accident under Code of Civil Procedure section 335.1. Do not wait for the criminal case to resolve before contacting us - evidence disappears and witnesses move on.

Frequently Asked Questions

Do I have to wait for the criminal DUI case to finish before filing my civil lawsuit?
No. Civil and criminal cases are completely independent proceedings. You can file your civil lawsuit the day after the accident if you choose. A DUI conviction from the criminal case, if one happens, becomes admissible evidence that strengthens your civil claim. We begin building your civil case immediately, not after the criminal case concludes.
What are punitive damages and how do drunk driving cases qualify?
California Civil Code section 3294 authorizes punitive damages when a defendant acted with malice, oppression, or fraud. Getting behind the wheel of a vehicle while intoxicated constitutes conscious disregard for the safety of other people on the road. California courts have consistently held this meets the standard. Punitive damages are on top of all compensatory damages, medical bills, lost wages, pain and suffering, and they come directly from the drunk driver personally.
Can I sue the bar or restaurant that served the drunk driver?
California Business and Professions Code section 25602 limits dram shop liability but does not eliminate it entirely. Commercial providers who serve obviously intoxicated individuals may face exposure. We evaluate third-party liability in every drunk driving case because it can mean access to commercial liability policies with significantly higher limits than a personal auto policy.
What if the drunk driver was driving a company car or on the job?
Employer liability under respondeat superior can apply when the driver was acting within the scope of employment at the time of the collision. This is significant because commercial auto policies carry higher limits than personal policies, and the employer may have substantial assets. We investigate employment status and vehicle ownership in every drunk driving case.
The drunk driver's insurer says punitive damages aren't covered by insurance, is that true?
Generally yes. California prohibits insuring against punitive damages, it would undermine the deterrent purpose of the award. The drunk driver pays punitive damages personally. This is why we build a full picture of the driver's financial situation and explore every source of compensatory recovery from the insurer first. Our demand structures maximize the compensatory claim while preserving the punitive damages claim against the individual.

Auto Accident Case Results

The following results are from actual Lederer & Nojima cases. Every case is different.

$1.3M
Auto accident with spinal surgery
$1.1M
Auto accident with spinal surgery

The case results displayed are not a guarantee or prediction of the outcome of any future case. Every case is different. Past results do not guarantee similar outcomes.

Related Practice Areas

Hit by a Drunk Driver in Los Angeles? Call Now for a Free Consultation.

No fee unless we win. Former insurance defense attorneys on your side.

Available 24/7  ·  No fee unless we win  ·  (310) 312-1860