What Are My Legal Options if A Drunk Driver Injured Me? 

Drunk Driving Accidents | October 29, 2026

If you’re hit by a drunk driver and suffer injuries, California law permits you to pursue monetary compensation. This will either be through an insurance claim or a Roseville personal injury lawsuit. 

Filing an Insurance Claim 

After a DUI-related crash in Roseville, you may seek compensation through the at-fault driver’s auto insurance policy. Insurers typically cover medical bills, lost wages, property damage, and, in many cases, pain and suffering, up to policy limits. You will generally need to provide evidence of the crash, the driver’s intoxication, and the connection between the crash and your injuries. If the insurer delays, disputes causation, or offers an amount that does not reflect the value of your injuries, it’s a good idea to speak with a lawyer.  

Personal Injury Lawsuit

If insurance recovery is insufficient or disputed, you can file a personal injury lawsuit against the drunk driver. The lawsuit may seek damages such as medical expenses, wage loss, future medical care, and non-economic damages for pain and suffering. Since the case could go to trial and the rules can be complicated, it’s best to hire a lawyer who can help you through the process. 

Can I Recover Punitive Damages From a Drunk Driver?

Punitive damages may be available in California when the defendant’s conduct meets the legal standard for malice, oppression, or fraud. Driving while intoxicated can support punitive damages in some cases where the facts show a willful and conscious disregard for others’ safety. Intoxication alone does not automatically guarantee punitive damages, though.  

What If the Drunk Driver Does Not Have Enough Insurance?

 If you file an insurance claim but the drunk driver’s policy limits don’t cover your injuries, or they are uninsured, you can then turn to your own uninsured/underinsured motorist coverage to try to recover the difference between what you get and what the accident has cost you. You may also have the option to file a lawsuit. 

What Evidence Can Help Prove a Drunk Driving Injury Claim?

Useful evidence can include police reports, DUI arrest or citation information, and breath, blood, or field sobriety test results if available. Witness statements, surveillance or dashcam footage, and photographs of the scene and vehicles can also help. Medical records and bills support the injury, while pay records can document lost income. Preserve evidence quickly, since footage can be overwritten and witnesses may be difficult to locate. 

Does the Criminal DUI Case Pay My Damages?

The criminal DUI prosecution and your civil personal injury case are separate. The criminal case focuses on punishment for violating the law. A civil lawsuit focuses on compensating you for injuries and losses. A criminal court may order restitution in some situations, but restitution does not necessarily cover all categories of damages available in a civil claim.

How Long Do I Have to File a Lawsuit?

California generally has a two-year statute of limitations for personal injury claims based on another person’s negligence or wrongful act. Different timing rules may apply in some situations, such as claims involving a government entity. Because evidence and insurance issues often require early action, it is best not to wait.

Contact a California Drunk Driving Accident Lawyer

If you were injured by a drunk driver, contact a California drunk driving accident lawyer to review your evidence, identify available insurance coverage, and discuss possible compensation and what you should do going forward.