[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.injury-attorneys.com\/blog\/damages-you-can-recover-in-a-drunk-driving-claim\/#BlogPosting","mainEntityOfPage":"https:\/\/www.injury-attorneys.com\/blog\/damages-you-can-recover-in-a-drunk-driving-claim\/","headline":"Damages You Can Recover in a Drunk Driving Claim","name":"Damages You Can Recover in a Drunk Driving Claim","description":"Nothing can prepare you for the shock of getting hit by a drunk driver. The aftermath of a crash can be even harder, especially if you suffered injuries. Figuring out how to pay the medical bills, repair your car, and return to daily life is a genuine challenge. Fortunately, California law allows drunk driving accident […]","datePublished":"2026-07-08","dateModified":"2026-07-08","author":{"@type":"Person","@id":"https:\/\/www.injury-attorneys.com\/blog\/author\/injury-attorneys\/#Person","name":"Demas Law Group, P.C.","url":"https:\/\/www.injury-attorneys.com\/blog\/author\/injury-attorneys\/","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/2d2d1dc668da653fd25c47bc01fca53aff1d3e1f6971487d8eb8e56cf2bae38c?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/2d2d1dc668da653fd25c47bc01fca53aff1d3e1f6971487d8eb8e56cf2bae38c?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Demas Law Group, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.injury-attorneys.com\/wp-content\/uploads\/2022\/08\/demas-logo.png","url":"https:\/\/www.injury-attorneys.com\/wp-content\/uploads\/2022\/08\/demas-logo.png","width":158,"height":141}},"image":{"@type":"ImageObject","@id":"https:\/\/www.injury-attorneys.com\/wp-content\/uploads\/2022\/12\/Drunk-Driving.jpg","url":"https:\/\/www.injury-attorneys.com\/wp-content\/uploads\/2022\/12\/Drunk-Driving.jpg","height":682,"width":1024},"url":"https:\/\/www.injury-attorneys.com\/blog\/damages-you-can-recover-in-a-drunk-driving-claim\/","about":["Drunk Driver Accidents"],"wordCount":974,"articleBody":"Nothing can prepare you for the shock of getting hit by a drunk driver. The aftermath of a crash can be even harder, especially if you suffered injuries. Figuring out how to pay the medical bills, repair your car, and return to daily life is a genuine challenge. Fortunately, California law allows drunk driving accident victims to seek compensation for their losses. The legal term for this money is damages.Driving under the influence of alcohol or drugs is illegal in California. When people break the law and hurt others, they can be held financially accountable for their wrongdoing. A Sacramento drunk driving accident lawyer from Demas Law Group can help you pursue maximum compensation to rebuild your life.Our law firm is a respected fixture in the Sacramento community, known for our ability to take on stubborn insurance companies and win. Let us help you, too. Contact us today for a free consultation.Can I Get Compensation for a Drunk Driving Accident?Individuals who suffer injuries after a drunk driving accident can seek compensation from the responsible driver after a wreck. You start the process by filing a claim with the drunk driver\u2019s insurance company. Ideally, you can reach a full settlement and move on with your life.Unfortunately, negotiating with the insurance company rarely results in ideal outcomes. Auto insurers are for-profit entities. Their priority is saving money, not making fair settlements to claimants.\u00a0 An experienced attorney can help you pursue compensation for the full extent of your losses.Damages in California can be broken down into two main categories: special damages and general damages.Special damages compensate accident victims for their financial losses after a drunk driving crash. These losses are easily calculated and measurable with evidence from billing statements, pay stubs, and (in some cases) expert testimony. Special damages can include money for:Past and future medical billsLost wagesLost earning capacityProperty damageGeneral damages are different. This money compensates you for the intangible losses you suffered from the drunk driver\u2019s negligence. Examples of general damages include:Pain and sufferingEmotional distressLost quality of lifeLost enjoyment of lifePermanent scarring or disfigurementPermanent disabilityA third category of damages in California personal injury cases is punitive damages, also known as exemplary damages. Contrary to special or general damages, punitive damages are awarded to punish the at-fault party for their especially reckless conduct and deter similar behavior in the future. California law requires victims to prove, by clear and convincing evidence, that the wrongdoer acted with malice, oppression, or fraud to win punitive damages.How Can I Prove a Drunk Driver Caused My Accident? Winning a drunk driving accident case requires evidence that the impaired driver acted negligently. Negligence is a person’s failure to use reasonable care to prevent harming others.Driving while intoxicated is illegal in California. It\u2019s also known as \u201cnegligence per se.\u201d This means a person who violates California\u2019s drunk driving statute may be considered negligent simply because they broke the law. However, that doesn\u2019t necessarily mean they are entirely responsible for a crash. You still must prove they caused your injuries.California is a comparative negligence state, meaning multiple parties can share fault for a collision and still receive compensation \u2014 even the drunk driver. This is why you need proof that the impaired driver\u2019s actions harmed you.Examples of evidence include:Police accident reportMedical recordsWitness statementsPhotos and video from the crash sceneToxicology test resultsProof of drunk driving conviction or citationAccident reconstruction reportsExpert testimonyCan a Criminal DUI Conviction Help my Drunk Driving Injury Case?It might seem strange, but a driver\u2019s DUI conviction has no bearing on your personal injury case. Drunk driving is a criminal act, and the state of California handles criminal cases. By contrast, your injury claim is a civil case. Even if the prosecutor fails to secure a conviction, you can still file a claim against the drunk driver and recover compensation for your injuries. While not required, a conviction can serve as helpful evidence to support your demand for maximum compensation.What if the Drunk Driver Has No Insurance? California requires all drivers to carry minimum amounts of auto liability insurance. This coverage provides compensation to people hurt by the policyholder. If a DUI driver hits you, your first step would be filing a claim with their insurer.But what if the drunk driver was uninsured? You\u2019re not necessarily out of luck. You could pursue compensation by:Filing a claim with your insurance company using your uninsured\/underinsured motorist coverage (if you purchased it)Filing a lawsuit directly against the at-fault driverLooking for other potential sources of compensation, such as the driver\u2019s employer, vehicle owner, property owner, or another liable partySome states have \u201cdram shop\u201d laws that allow accident victims to sue bars, liquor stores, restaurants, and other establishments for serving visibly intoxicated patrons. However, California\u2019s dram shop law is very narrow, extending third-party liability only to social hosts or establishments that serve underage drinkers.What Demas Law Group Can Do for YouDrunk driving accidents frequently result in some of the worst injuries. Demas Law Group is committed to holding impaired drivers accountable for hurting others. When you meet with us, we will:Discuss your case and review your legal options in a free consultationCollect strong evidence to support your injury claimManage all important filing deadlinesHandle all communications with the insurance companyNegotiate aggressively for a full settlement that reflects your total lossesProvide timely responses to any questions you have regarding your caseTake your case to trial, if necessaryThere\u2019s never an excuse for drunk driving. Contact Demas Law Group today for a free consultation with an experienced drunk-driving accident lawyer."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.injury-attorneys.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Damages You Can Recover in a Drunk Driving Claim","item":"https:\/\/www.injury-attorneys.com\/blog\/damages-you-can-recover-in-a-drunk-driving-claim\/#breadcrumbitem"}]}]