SANTA CLARITA DRUNK DRIVING INJURY ATTORNEY

Drunk driving accidents are tragically common and entirely preventable. If you or a loved one has been injured by a drunk driver in Santa Clarita, California, it's important to understand not just how to protect your claim, but a legal principle that makes DUI cases different from ordinary car accident cases: the potential for punitive damages. Call or text today for a free consultation.

Why DUI Cases Can Involve Punitive Damages

Under California Civil Code Section 3294, punitive damages — damages intended to punish and deter, beyond simply compensating you for your losses — are available when a defendant acted with "malice," meaning a willful and conscious disregard for the rights or safety of others.

In the landmark case Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supreme Court held that the act of driving while intoxicated can itself constitute "malice" under Section 3294, because a person who chooses to drive drunk does so with conscious disregard of the probable dangerous consequences. This means punitive damages may be available in a civil DUI injury case even without proof the driver specifically intended to hurt anyone — the reckless choice to drive impaired can be enough.

It's worth noting that standard auto liability insurance policies typically exclude coverage for punitive damages, which means this type of damage award is often pursued directly against the at-fault driver's personal assets, separate from any insurance settlement.

Common Reasons Drunk Driving Accidents Occur

Alcohol impairs judgment, coordination, reaction time, and vision — all of which contribute to drunk driving accidents. Common contributing factors include impaired decision-making, reduced inhibitions, slowed reaction times, and overconfidence in one's ability to drive safely despite impairment.

Common Injuries in Drunk Driving Accidents
  • Traumatic brain injuries, ranging from concussions to severe, long-lasting cognitive impairment
  • Spinal cord injuries, which can result in paralysis depending on the severity and location of the damage
  • Internal injuries, including organ damage and internal bleeding
  • Bone fractures, particularly common in high-speed collisions
  • Soft tissue injuries, including whiplash, sprains, and strains
  • Burn injuries, in cases involving fire or explosion

​What to Do After a Drunk Driving Accident
  1. Ensure safety first — check for injuries, move to a safe location if possible, and call 911
  2. Avoid confronting the other driver — stay calm and focus on safety
  3. Gather information — names, contact details, insurance information, and vehicle information
  4. Document the scene — photos of vehicle damage, road conditions, and relevant details
  5. Get witness contact information, if available
  6. Report the accident to law enforcement, including any suspicion the other driver was impaired
  7. Seek medical attention promptly, even if injuries aren't immediately apparent
  8. Notify your insurance company of the accident
  9. Consult with an attorney to understand your options, including whether punitive damages may apply

Frequently Asked Questions

Can I recover punitive damages if I was hit by a drunk driver in California?

Potentially, yes. Under California Civil Code Section 3294 and the California Supreme Court's decision in Taylor v. Superior Court, driving under the influence can constitute the "malice" required for punitive damages, since it reflects a conscious disregard for the safety of others.

Does the drunk driver's insurance cover punitive damages?

Typically, no. Standard auto liability insurance policies generally exclude coverage for punitive damages, which means this type of award is often pursued separately from an insurance settlement.

Do I need a DUI conviction against the other driver before I can pursue a civil claim?

No. A civil personal injury claim is separate from any criminal DUI case. You can pursue compensation even if criminal charges are pending, resolved differently than expected, or never filed, though evidence from a criminal case can sometimes support a civil claim.

How long do I have to file a claim in California?

In most cases, California law gives you two years from the date of the accident to file a personal injury claim.

​Robert Mansour can help advise you regarding your case.  He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your case.  You can also fill out our Free Case Evaluation form.

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