Being hit by a drunk driver is one of the most frightening and life altering experiences a person can endure. In a single moment, your health, your finances, and your sense of safety can be shaken. Victims often face painful injuries, mounting medical bills, lost income, emotional trauma, and uncertainty about how to move forward. At LA Injury Attorneys, we know how overwhelming this situation can feel. Our goal is to help injured victims and their families understand their rights and protect their future while they focus on healing.
California takes drunk driving extremely seriously, and for good reason. Alcohol related crashes injure thousands of people each year on California roads. When someone chooses to get behind the wheel impaired, they create a preventable danger for every person around them. The law provides strong protections for victims, and you may be entitled to compensation for your losses. This blog explains what victims need to know after being hit by a drunk driver in Los Angeles or anywhere in California, including what steps to take, how liability works, and why speaking with an experienced Los Angeles car accident lawyer is essential.
Immediate Steps to Take After Being Hit by a Drunk Driver
The moments after a collision can feel chaotic and confusing. Many people are unsure of what to do first, especially when injuries are involved. Your safety comes first, and your decisions in the early stages can also make a significant difference in your ability to file a successful injury claim later.
If you are able to do so safely, contacting law enforcement is essential. When drunk driving is suspected, a police report becomes one of the most important pieces of evidence in your case. Officers can administer field sobriety tests, breath tests, or request blood tests to determine the driver’s blood alcohol concentration. This information helps establish impairment and strengthens your civil claim for compensation. Even if the other driver pleads with you not to call the police or tries to convince you to handle it privately, protecting your rights means ensuring that officers document the scene.
Seeking immediate medical attention is equally critical. Some injuries, like concussions or internal trauma, may not show symptoms right away. Delaying care can put your health at risk and complicate your future claim because insurance companies often try to argue that gaps in treatment mean you were not truly injured. Documenting your injuries from the beginning helps create a clear record of how the crash affected you physically and emotionally.
If you are able, collecting information and evidence at the scene is helpful. This can include taking photos of vehicle damage, road conditions, skid marks, and visible injuries. Getting contact information for witnesses can also make a significant difference later. However, if you are too injured to gather this information, do not worry. A skilled California injury attorney can help obtain police reports, surveillance footage, and other evidence on your behalf once you are safe.
How Drunk Driving Liability Works in California
Drunk drivers face both criminal and civil consequences in California. The criminal case is handled by the state and focuses on punishing the impaired driver. Penalties can include fines, jail time, license suspension, mandatory education programs, or probation. While criminal charges help establish that the driver acted negligently or recklessly, the criminal case does not compensate victims. That is where a civil personal injury claim becomes essential.
In a civil claim, your attorney works to prove that the drunk driver’s negligence caused your injuries and financial losses. The level of impairment can significantly strengthen your case, because choosing to drive while intoxicated is considered a clear breach of the duty of care owed to others on the road. California law allows victims to pursue compensation for medical bills, future treatment, lost wages, reduced earning capacity, property damage, pain and suffering, and other losses that resulted from the collision.
Additionally, in some drunk driving cases, victims may be entitled to punitive damages. These damages are not awarded in every case, but they are available when a driver’s conduct is especially reckless or harmful. Punitive damages are meant to deter future misconduct and highlight the seriousness of driving while impaired. An experienced Los Angeles car accident lawyer can evaluate whether your case may qualify for this type of additional recovery.
Liability can extend beyond the impaired driver in certain situations. For example, if the at fault driver was overserved at a bar or restaurant, or if they were driving a commercial vehicle, there may be additional parties who bear responsibility. Identifying all sources of compensation can make a significant difference in the outcome of your claim, especially when injuries are severe.
Insurance Challenges After a Drunk Driving Collision
Many victims assume that because the other driver was intoxicated, their insurance company will simply accept responsibility and offer fair compensation. Unfortunately, this is rarely the case. Insurance companies often work to minimize payouts, even when liability appears obvious. They may question the severity of your injuries, attempt to shift blame, or pressure you into accepting a quick settlement that does not reflect the long term impact of the crash.
This is especially common in Los Angeles, where high traffic volumes and rising claim rates make insurers even more aggressive. Having legal representation means someone is advocating for your best interests, gathering documentation, negotiating with the insurance company, and protecting you from tactics designed to reduce your compensation. A California injury attorney understands the unique challenges of drunk driving cases and knows how to build a compelling claim that reflects the true extent of your losses.
It is also important to avoid making recorded statements to the insurance company without legal guidance. These statements can be used against you later, even if you think you are simply providing basic information. Speaking with an attorney before communicating with insurers ensures that your rights are safeguarded from the beginning.
What Compensation Can Victims Recover After Being Hit by a Drunk Driver
Every case is unique, and the type of compensation available depends on many factors including the severity of your injuries, the long term impact on your life, and the amount of available insurance coverage. However, victims of drunk driving accidents often qualify for several categories of compensation.
Medical expenses are typically one of the largest components of a claim. This can include emergency care, surgeries, hospital stays, rehabilitation, medication, and future medical needs. Many victims also face significant loss of income due to time away from work or an inability to return to their previous job. Compensation can address these lost earnings as well as diminished earning capacity when injuries result in long term or permanent limitations.
Pain and suffering are also a vital part of any California injury claim. Physical pain, emotional distress, trauma, and loss of enjoyment of life are real consequences of being hit by a drunk driver. These losses may not come with receipts, but they have a profound impact on your well being and quality of life.
In severe cases, particularly those involving catastrophic injuries or wrongful death, families may be entitled to pursue additional damages. Speaking with a skilled Los Angeles drunk driving accident lawyer helps ensure that every part of your claim is fully evaluated and supported with the necessary evidence.
Why Hiring a Los Angeles Drunk Driving Accident Lawyer Matters
Handling a drunk driving injury claim alone can be overwhelming, especially while you are trying to focus on healing. An experienced attorney steps in to manage every part of the legal process for you. This includes investigating the crash, gathering evidence, communicating with insurance companies, coordinating with medical providers, and building a case that reflects the full extent of your damages. Legal guidance also helps you avoid mistakes that could harm your claim, such as missing deadlines or signing documents that limit your rights.
At LA Injury Attorneys, we approach each case with compassion and determination. We understand the emotional and financial toll that a drunk driving crash can create. Our team is dedicated to protecting victims throughout California, and we fight to secure fair compensation so our clients can rebuild their lives with confidence. You never pay unless you win, which means there is no financial risk in seeking the support you deserve.
Final Thoughts
Being hit by a drunk driver can change your life in ways you never expected. You do not have to navigate the aftermath alone. Understanding your rights and taking the right steps early in the process can significantly strengthen your claim and your ability to recover compensation.
This blog is meant for general informational purposes only and does not constitute legal advice. Every case is unique, and laws can change. If you were injured in a drunk driving accident in Los Angeles or anywhere in California, you should speak directly with a qualified attorney who can evaluate your specific situation.
For compassionate and experienced representation, contact LA Injury Attorneys for a free consultation. We are here to guide you, protect your rights, and fight for the justice you deserve.