DUI Injury Attorneys in California: How is DUI Considered Negligence?
In 2025, there were over 18,800 DUI crashes recorded in the state of California. While many drivers take the responsible route of letting another sober driver take the wheel or booking a rideshare service to take them home after a night out, the same can’t be said for others.
Driving while intoxicated from drugs or alcohol not only puts those drivers in danger, but also other vulnerable motorists and passengers. This is considered negligence, and damages from any accidents involving a DUI driver could be compensated through a legal claim with the support of DUI injury attorneys in California.
Keep reading to learn about why DUI is considered negligence under California law, and why the DUI injury attorneys in California from BD&J are ready to fight for you!
Connect with our team of dedicated attorneys today.
California Drunk Driving Statistics
Drunk driving in California has been a problem for decades. LAX DMV regulations highlighted in recent investigations by nonprofit journalism group CalMatters have shown that many drunk drivers receive too lenient sentences and are often allowed back on the road in no time after a DUI conviction.
Drunk driving accident data in California shows:
- Alcohol-related roadway deaths in California have increased by 50% in the last decade (CalMatters)
- 3,575 DUI fatalities have occurred in the last 3 years (TIMS)
- A majority of DUI-involved accidents happen on Saturdays and Sundays between 10pm and 3am (TIMS)
- 8 California cities were named in a ten-city list for worst DUI rates in America, including Sacramento, Los Angeles, Bakersfield, and others (KTLA)
How Do I Know I Was in a DUI Accident?
If you were a pedestrian, motorcyclist, bicyclist, or other driver impacted by an intoxicated driver, then you would be considered involved in a DUI accident.
Typical vehicle accidents could include:
- Rear-end collisions
- Sideswipe accidents
- Hit-and-run accidents
- T-bone collisions
- Head-on accidents
A drunk driving accident can happen in seconds, leaving innocent drivers and their passengers in need of serious medical attention, expensive repairs, lifelong emotional and mental trauma, and oftentimes the loss of a loved one.
Signs of Impaired Drivers
An impaired driver will often show telling signs. These include:
Driving Habits
- Failure to stay in their lane
- Erratic accelerating and decelerating
- Too wide turns
- Using turn signals incorrectly
Physical Appearance
- A red or flushed appearance
- Watery eyes
- Slurred speech
- Stumbling or failing to stay balanced
- An inability to walk
Drunk individuals can often be loud and aggressive, so it’s never recommended to confront an intoxicated driver if you’ve been in an accident.
Why is Driving Impaired Considered Negligent?
Driving while intoxicated is considered negligent because a driver who makes the decision to operate a vehicle under unsafe conditions is breaching the duty of care they have for other motorists and pedestrians.
A duty of care is the reasonable expectation of care for others a person, company, or other party is obligated to have in day-to-day activities. For example, an employer has the duty of care to their employees to maintain a safe working environment. Another example is that a doctor has the duty of care to their patients to provide standard and attentive medical care.
Driving impaired breaches this duty of care and ultimately breaks the reasonable expectations held to motorists, and the driver’s conscious choice to do this becomes negligence. This breach then leads the way to incidents that result in injuries, damages, and expenses.
How Do California DUI Injury Attorneys Show Negligence After a Car Accident?
Drunk driving accidents happen every day in California, but working with a DUI accident lawyer can help you if you’ve been struck by an impaired driver while on the road. To prove negligence, drunk driving accident attorneys use:
- Police reports- A police report can highlight any physical signs of the impaired driver, BAC levels, sobriety test results, and events of the accident.
- Medical documentation- Medical documentation of your injuries can show the extent of damages from the accident, and any medical reports of the other party could also support intoxication levels.
- Video and photo evidence of the accident- Videos and photos of the vehicles and the accident scene can provide details about the environment, weather, time of the day, and can even show discarded alcohol containers or other signs that point to an impaired driver.
- Witness testimonies- Other involved parties can give details on the events of the accident from their perspective, offering observations not available to you.
- DUI convictions- If the impaired driver is formally convicted of a DUI from your accident, then this conviction can be used as evidence of impairment and further negligence.
How To Navigate a Consultation with a DUI Injury Attorney
Sitting down with a California DUI accident attorney can help you learn more about your potential claim and the legal process. Navigate a consultation with the following steps:
- Bring all your available evidence. – Gather photos and videos of the accident, medical documentation, witness contact information, and invoices from any relevant repairs, treatments, and expenses.
- Ask questions. – Remember, this is an opportunity for you to get to know the attorney, so asking questions about their previous representation experience, their legal processes, and any advice or insight into your case can be valuable.
- Don’t withhold information from the attorney. – Whether you have a pre-existing condition or some fault in the accident, being upfront to the attorney is crucial.
- Consider the attorney’s work processes and previous experience. – This is vital when it comes to finding the right representation for your claim.
- Stay caught up on the progress of your claim. – Once you start working with an attorney, be sure to remain in touch about your claim, as your attorney may have further questions or need information to ensure the process is as smooth as possible.
Frequently Asked Questions
If Someone is Under the Legal BAC Limit After Drinking, Can They Drive?
While California law establishes that a 0.08% or higher BAC is considered impaired, any amount of alcohol that dulls the senses and leads to errors in driving is illegal. If a person consumes even the smallest amount of alcohol but feels dizzy, uncoordinated, or has other symptoms of impairment, they cannot get behind the wheel of a car.
What Do I Do If I’m Too Drunk to Drive?
If you consider yourself too drunk to drive, make the responsible choice to not drive. Instead, ask a friend for a ride, book a rideshare service, or book a hotel room to wait out the symptoms.
How Long Do I Have to File a Drunk Driving Accident Claim?
You have 2 years from the date of your claim to file a personal injury claim after a drunk driving accident in California.
Does Someone Go to Jail for Their First DUI?
No, typically a first DUI offense is treated as a misdemeanor.
Can I Still File a Claim if the DUI Driver Went to Jail?
Absolutely, if an impaired driver was formally charged and sentenced to jail for the accident, you can still file a personal injury claim. These are two different legal proceedings.
Should I Call the Police After My Car Accident?
Yes, because it’s helpful to have a police report created that documents the accident. Per California’s guidelines, a car accident must be reported if there were injuries, fatalities, property damages exceeding $1,000, and, of course, a suspected drunk driver.
What Do I Do After a DUI Accident?
You may feel overwhelmed and terrified but remain calm. Get to a safe place on the road, check yourself and passengers for injuries, and call for emergency services as soon as possible.
Can I Still Recover Compensation in a Claim Without a Police Report?
Yes, you can still recover compensation without a police report if you have other valuable pieces of evidence, such as photos and videos, medical documentation of your recent injuries, receipts of accident-related expenses, and pay stubs verifying your income and loss of work due to injuries.
Can I File a Second Claim if I Need Additional Financial Resources for My Injuries?
Unfortunately not. Once a settlement is reached, it’s binding, which means that you cannot file a second claim to recover compensation if needed.
This is why it’s extremely important to consult with a lawyer who can provide you with a detailed estimate on how much your particular case is worth.
Does BD&J Offer Consultations with Attorneys?
Definitely! Schedule a completely free initial consultation with one of our attorneys 24/7.
Since our establishment in 2007, BD&J has recovered more than $3 billion* in compensation for clients. Learn about some of our most recent case results here.
How Can I Get in Touch with BD&J?
Give us a call at 888-648-8102 or complete our online form to connect with us whenever you’re ready to get started on your legal fight for compensation.
DUI Injury Attorneys in California Fighting for Injured Drivers and Pedestrians
A drunk driver is a negligent driver who runs a large risk of hurting themselves and other passengers when they come onto the road. If you or a loved one were injured at the hands of an intoxicated driver, working with a DUI injury attorney in California from BD&J can put you on the right path for compensation.
Have you suffered injuries at the hands of another driver? Give BD&J a call now to schedule your free consultation!