Blog

July 13, 2026

Hit by a Drunk Driver

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Key Takeaways

• Call 911 immediately after a drunk driving crash and inform officers that you suspect impairment.
• California law requires drivers involved in injury accidents to stop and provide information.
• Drunk drivers are typically held liable through negligence per se when convicted of DUI.
• California minimum liability limits often fall short of covering serious crash injuries.
• An attorney can preserve critical evidence and build leverage before insurers take control.

Being hit by a drunk driver in Los Angeles is a violation that goes beyond the crash itself. Someone chose to get behind the wheel impaired, and that decision can leave victims with lasting injuries, mounting medical bills, and a legal process that moves fast, whether they are ready or not. Pointer & Buelna, LLP – Lawyers For The People, our California Car Accident lawyers represent people in this exact situation, and knowing what to do from the start can make the difference between a strong claim and a compromised one.

What to Do Immediately After a Drunk Driving Crash

Under California Vehicle Code § 20003, the first minutes after a crash shape almost everything that follows. Knowing what to do and what not to do protects both your health and your legal claim.

• Move to safety if your vehicle allows it, but do not leave the scene. California law requires you to stay.
• Call 911 immediately and tell the dispatcher you suspect the other driver is impaired, so officers arrive prepared to administer sobriety tests.
• Report impairment directly to law enforcement. In California, any driver involved in an injury accident must remain at the scene, provide identifying information, and render reasonable assistance to injured parties.
• Seek medical attention right away, even if you feel fine. Adrenaline masks pain, and a same-day medical record ties your injuries directly to the crash.
• Document the scene. Photograph both vehicles, visible injuries, skid marks, and the other driver’s plate before anything moves or disappears.

Every step after being hit by a drunk driver leaves a paper trail that supports your case. Our attorneys can build on that foundation. The sooner you have one, the better protected you are.

Why Drunk Drivers Are Usually Held Liable

California’s negligence per se standard means a DUI conviction establishes liability, driving under the influence violates California Vehicle Code § 23152, a statute that exists precisely to prevent this kind of harm. Separately, California Vehicle Code § 20003 requires the at-fault driver to provide identifying information and render reasonable assistance to anyone injured. We also investigate whether bars or social hosts who served the driver share responsibility under California’s dram shop statutes, creating additional avenues for recovery when the facts support it.

Types of Damages You Can Pursue After Being Hit

California’s minimum liability limits, per the California DMV, require coverage of just $30,000 per injured person, $60,000 for death or injury to more than one person, and $15,000 for property damage; rarely enough to cover a serious crash.

• Economic damages: medical bills, lost wages, and future treatment costs
• Non-economic damages:  pain, suffering, and emotional distress
• Punitive damages: often applicable in drunk driving cases, given the reckless nature of the conduct

Being hit by a drunk driver in California entitles you to pursue several forms of compensation. We examine every available source of recovery, including uninsured and underinsured motorist coverage, to pursue what you are truly owed.

Dealing With Insurance and Legal Challenges

After a drunk driving crash, insurers may contact you within days seeking a recorded statement. Do not discuss fault, injuries, or settlement figures before speaking with an attorney. California generally allows two years to file a personal injury claim, though cases involving government employees carry shorter deadlines; missing either can bar recovery entirely.

When You Should Contact a Lawyer After a Drunk Driver Hits You

Sooner than most people expect. Taking prompt action after a collision involving an impaired driver helps preserve the information your case depends on. Surveillance footage may not remain available indefinitely, witness recollections become less detailed over time, and insurance companies often begin reviewing claims shortly after an accident occurs. An attorney can send evidence preservation letters, secure the police report and results, and evaluate third-party liability while those opportunities are still open. You do not need a complete picture of your injuries before calling; that picture develops over time, and one of our lawyers can protect your rights while it does.

Don’t Face a Drunk Driver Case Alone – Call Pointer & Buelna Today

Pointer & Buelna, LLP – Lawyers For The People has secured over $50 million for clients harmed by reckless and negligent conduct across California. A hit by a drunk driver case involves both civil and criminal proceedings moving at the same time, and having experienced counsel from the start protects your position in both. Call us at (510) 822-7476 or contact us today for a free consultation.