Resources

If you were hit by a drunk driver in Orange County, you have rights that go far beyond a typical car accident claim. Under California Civil Code §3294, drunk driving is treated as a form of malice or oppression that supports punitive damages on top of compensatory damages — meaning a jury can punish the drunk driver above and beyond your medical bills, lost wages, and pain and suffering. Combined with the at-fault driver’s auto policy, your own UM/UIM coverage, and (in narrow circumstances) potential dram-shop claims against bars or social hosts who served minors, drunk driving cases routinely settle for $200,000 to $5,000,000+. Under California Code of Civil Procedure §335.1 you have 2 years to file. Call Sky Law Group 24/7 at (844) 475-9529. Hablamos Español. Why DUI Accident Cases Are Worth More Than Regular Car Accidents The same physical injury produces a substantially higher settlement when the at-fault driver was drunk. Here is why: Punitive damages availability — California Civil Code §3294 allows punitive damages when the defendant’s conduct showed “malice, oppression, or fraud.” DUI satisfies this standard, frequently producing punitive awards of 1x to 4x the compensatory damages Criminal conviction as evidence — A DUI conviction is admissible in the civil case as conclusive proof of negligence per se under Evidence Code §452. This means liability is essentially established Stronger jury sympathy — Orange County juries award more in DUI cases than typical fault cases Clearer fault — DUI evidence (BAC results, dashcam, breathalyzer, blood draw, field […]