Can I sue a drunk driver who crashed into me in California?

Yes, under California law, you can generally sue a drunk driver who caused a crash and injured you. California follows a fault-based (negligence) system, which means the person responsible for the accident is financially liable for the harm they caused. Driving under the influence is a strong form of negligence—and in many cases, negligence per se—because it violates California DUI laws and creates a foreseeable risk of injury to others. In practice, most cases start with a bodily injury claim against the at-fault driver’s insurance policy, but if the insurer does not offer a fair settlement, you have the right to file a personal injury lawsuit in civil court.

If you bring a claim, you may be able to recover economic damages (such as medical bills, future medical care, lost wages, loss of earning capacity, and property damage) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life). In DUI cases, courts may also allow punitive damages—which are meant to punish and deter especially reckless conduct—because driving while intoxicated can be viewed as particularly egregious behavior. Additionally, if the drunk driver was over-served at a licensed establishment, there may be limited circumstances involving dram shop liability, though California law generally restricts claims against bars or restaurants unless specific exceptions apply.

California also applies pure comparative negligence, meaning you can still recover compensation even if you were partially at fault, but your recovery would be reduced by your percentage of responsibility. There is also a statute of limitations, which is typically two years from the date of the accident to file a personal injury lawsuit (with shorter deadlines if a government entity is involved). Because DUI-related injury claims often involve both criminal and civil proceedings, evidence such as police reports, DUI arrest records, chemical test results, and witness statements can play a significant role in proving liability.

This information is provided for educational and informational purposes only, is not legal advice, and does not create an attorney-client relationship. Every case depends on its specific facts, so it is always best to consult with a licensed California personal injury attorney to understand your rights and options.