San Diego Drunk Driving Accident Attorneys

A drunk driving crash is different from an ordinary car accident. Someone made a choice to get behind the wheel impaired, and now you or someone you love is paying for it with injuries, medical bills, and a long road back. You have every right to be angry, and you have the right to hold that driver fully accountable.

At Banker’s Hill Law Firm, our San Diego drunk driving accident lawyer team represents people hurt by impaired drivers throughout San Diego County. As dedicated personal injury attorneys, we gather the evidence, coordinate with the criminal case when one exists, and pursue every dollar of compensation available, including punitive damages meant to punish the drunk driver.

Contact our office today for a free case evaluation. There are no upfront costs and no attorney fees unless we win your case.

How Fault Is Established in a Drunk Driving Case

Impaired-driving cases often come with strong evidence of fault, but that evidence still has to be gathered and preserved. As a drunk driving accident lawyer builds your case, the proof can include:

Police reports and chemical test results showing the driver’s blood alcohol concentration (BAC)
Field sobriety test observations and body-camera or dashcam footage
A DUI arrest or conviction, which can be powerful evidence in your civil claim
Witness accounts of erratic driving, speeding, or the driver’s condition
Evidence that a bar, restaurant, or host overserved the driver in certain circumstances

Because an impaired driver often faces criminal charges, a related civil claim can move forward alongside that case. A criminal conviction does not automatically decide your civil claim, but it can strongly support it.

California Drunk Driving Laws

California sets clear limits for impairment. Under Vehicle Code Section 23152, it is unlawful to drive with a blood alcohol concentration of 0.08% or higher for standard drivers and 0.04% or higher for commercial drivers. California’s zero-tolerance law, Vehicle Code Section 23136, applies a 0.01% limit to drivers under 21. When an impaired driver injures someone, Vehicle Code Section 23153 treats DUI causing bodily injury as a separate, more serious offense.

These laws matter to your civil claim. A driver who violates a safety statute and causes the kind of harm the law was designed to prevent may be presumed negligent, and our attorneys use the criminal DUI evidence to strengthen the civil case for compensation.

Punitive Damages Against a Drunk Driver

California law treats drunk driving as more than carelessness. In Taylor v. Superior Court (1979), the California Supreme Court held that driving while intoxicated can support punitive damages when the driver acted with conscious disregard for the safety of others. Punitive damages are separate from compensation for your losses. They are meant to punish the drunk driver and to deter similar conduct. They are not automatic, and the facts of each case matter, but impaired driving combined with aggravating conduct can justify them.

What to Do After a Drunk Driving Crash

If you are able, call 911 so the driver’s impairment is documented at the scene, and get medical attention even if you feel fine. Photograph the vehicles and the surroundings, collect the names and numbers of any witnesses, and keep copies of every medical and repair record. Avoid giving a recorded statement to the other driver’s insurer before speaking with an attorney. Preserving the link between the driver’s impairment and your injuries early can make a significant difference.

How Our San Diego Drunk Driving Accident Attorneys Handle Your Case

Attorney reviewing case documents with a client in a law office

Free Case Evaluation

We begin with a no-cost, confidential consultation to review the facts of your case. You speak directly with an attorney — no obligations and no upfront fees.

Investigation and Evidence Collection

Our team collects accident reports, medical records, photographs, surveillance footage, expert opinions, and witness statements to construct a comprehensive and compelling case.

Medical Documentation and Damage Calculation

We work closely with your treating physicians to document all current and future treatment needs and calculate every element of your economic and non-economic damages.

Negotiation with Insurance Companies

We negotiate aggressively with insurers on your behalf. We know their tactics and will not accept an inadequate settlement offer.

Trial Representation, If Necessary

If a fair settlement cannot be reached, we are fully prepared to litigate your case at trial and advocate for you before a judge and jury.

What Compensation Can You Seek After a Drunk Driving Crash?

A successful claim can pursue both economic and non-economic damages, and in drunk driving cases it may also include punitive damages.

Economic Damages

Past and future medical bills, including hospitalization, surgery, and long-term care
Lost wages and diminished earning capacity
Rehabilitation and physical therapy
Property damage and vehicle replacement
Out-of-pocket costs related to the crash

Non-Economic Damages

Pain and suffering
Emotional distress and psychological trauma
Loss of enjoyment and diminished quality of life
Permanent scarring, disfigurement, or disability
Loss of companionship or consortium

In California, the deadline to file a personal injury lawsuit is generally two years from the date of the crash under Code of Civil Procedure Section 335.1. Some claims carry shorter deadlines, such as the six-month claim requirement when a government entity is involved, so it is best to speak with an attorney promptly.

Frequently Asked Questions: Drunk Driving Accident Claims

Yes. Your civil claim is separate from the criminal case and uses a lower standard of proof. Even without a conviction, we can pursue compensation using chemical test results, police records, witness testimony, and other evidence of impairment and fault.

Often, yes. California allows punitive damages when a driver acted with conscious disregard for others’ safety, and drunk driving can meet that standard. Punitive damages are decided case by case based on the specific facts.

You may still recover through your own uninsured or underinsured motorist coverage. We review every available policy to find the full compensation you are owed.

Generally two years from the date of the crash, though shorter deadlines can apply in certain situations, such as when a government entity is involved. Contact an attorney as soon as possible to protect your rights.

We work on a contingency fee basis. There are no upfront costs, and you pay no attorney fees unless we recover compensation for you.

Contact Our San Diego Drunk Driving Accident Attorneys Today

Smiling client shaking hands with a member of the legal team

If you or someone you love was hurt by an impaired driver, you deserve a firm that will hold that driver fully accountable. The sooner you reach out, the sooner we can preserve evidence, coordinate with the criminal case, and build a strong claim on your behalf.

At Banker’s Hill Law Firm, we provide determined, compassionate representation to injured people throughout San Diego and Southern California. Call us today at (619) 230-0330 or contact our office online to schedule your confidential, no-cost case evaluation.