A night out in the San Fernando Valley can change in an instant when a driver decides to get behind the wheel while intoxicated. Whether you were riding with a friend after dinner on Ventura Boulevard or were hit by a drunk driver while in a rideshare near the Sepulveda Basin, the physical and emotional toll is heavy. As an injured passenger, you may feel hesitant to take legal action, especially if the driver is someone you know.
But medical bills do not pay themselves, and lost wages from missing work at your Encino office can quickly create a financial crisis. You might wonder, can a passenger sue a drunk driver after a crash? In California, the law provides clear paths for passengers to seek compensation for their injuries, regardless of their relationship with the driver.
Understanding Your Rights as an Injured Passenger
Under California Civil Code section 1714, every person is responsible for the results of their willful acts or their want of ordinary care or skill in the management of their property or person. When a driver operates a vehicle under the influence of alcohol or drugs, they breach this fundamental duty of care.
As a passenger, you are almost always considered an innocent party. You were not the one controlling the vehicle, and you did not make the decisions that led to the collision. This often puts you in a strong legal position. You have the right to pursue a claim against any party whose negligence contributed to your harm. This includes the driver of the car you were in, the driver of another vehicle, or both.
Who Can You Hold Liable in a DUI Accident?
Determining who is responsible for your injuries depends on the specific facts of the crash. California’s at-fault system means the person who caused the accident is responsible for the damages.
The Driver of Your Vehicle
If you were a passenger in a car driven by someone who was intoxicated, you can file a claim against their insurance policy. We understand this is a sensitive situation if the driver is a friend or family member. But it is important to remember that you are typically not suing the person personally to take their house or savings; you are seeking a recovery from the insurance policy they paid for to cover exactly these types of incidents.
The Other At-Fault Driver
If you were riding in a vehicle and a drunk driver hit you, that driver is liable for your damages. In many cases involving California Vehicle Code section 23152, the criminal conviction of the driver for a DUI can serve as powerful evidence in your civil personal injury case.
Multi-Party Liability
Sometimes, more than one person is at fault. Perhaps the driver of your car was speeding, but the other driver was drunk. Under California’s pure comparative negligence rule, established in cases like Li v. Yellow Cab Co., each party is responsible for their percentage of fault. As a passenger, you can often collect from all at-fault parties to ensure your medical costs and other losses are fully covered.
Can Your Recovery Be Reduced if You Knew the Driver Was Drunk?
A common concern for passengers in Encino is whether they lose their right to sue if they voluntarily get into a car with a drunk driver. California follows pure comparative negligence. This means that even if a jury finds you partially responsible for your own injuries, you can still recover compensation.
For example, if a court decides that getting into the car with an intoxicated driver makes you 20 percent at fault for your own injuries, and your total damages are $100,000, you would still be eligible to receive $80,000. The driver’s choice to drive while impaired is almost always seen as the primary cause of the crash, but your own awareness of the situation may be a factor in the final amount of your recovery.
Damages Available to Injured Passengers in California
The impact of a high-speed collision on the 101 Freeway or a T-bone accident at a busy intersection like Balboa and Burbank Boulevard can be catastrophic. California law allows victims to seek compensatory damages, which are designed to make the person whole again.
These damages generally fall into two categories:
- Economic Damages: These are objective financial losses such as hospital bills, emergency room visits, physical therapy, and lost income. If your injuries require future medical care, those projected costs are also included.
- Non-Economic Damages: These cover subjective losses like physical pain, mental suffering, loss of enjoyment of life, and emotional distress, as outlined in California Civil Jury Instruction (CACI) No. 3905A.
In rare cases involving drunk driving, you may also be eligible for punitive damages. Unlike standard damages, punitive damages are intended to punish the defendant for malice or oppression and to discourage others from engaging in similarly dangerous behavior. Under California Civil Code section 3294, driving under the influence with a conscious disregard for the safety of others can sometimes meet this high legal threshold.
The Statute of Limitations in California
You do not have an unlimited amount of time to take action. In California, Code of Civil Procedure section 335.1 generally sets a two-year deadline from the date of the accident to file a personal injury lawsuit.
If you miss this window, you lose your legal right to seek compensation in court. While two years might seem like a long time, building a strong case involves gathering police reports from the Los Angeles Police Department’s West Valley Division, securing witness statements, and waiting for a full medical prognosis. Starting the process early helps ensure that evidence remains fresh and available.
Why a Passenger Needs Independent Legal Counsel
Insurance companies for the drivers involved may try to settle with you quickly. But their goal is to protect their bottom line, not to ensure you have enough money for a second surgery or six months of missed rent. Because there may be a conflict of interest between the driver and the passenger, you need your own advocate to look out for your specific interests.
At V&A Law Firm, we take an aggressive and compassionate approach to representing accident victims in Encino and across the San Fernando Valley. Our team has corporate-level experience but provides the personalized, friendly service of a boutique firm. We speak Spanish and Farsi to ensure our local community feels heard and understood.
If you were injured in a crash, we invite you to reach out for a Free 15-minute Case Evaluation. Our firm operates on a Don’t Pay Unless We Win basis, meaning we take on the financial risk of your case so you can focus on your physical recovery. We will investigate every available insurance policy to identify every possible source of recovery for you.
To discuss your situation with an attorney, call V&A Law Firm at 818-369-3270. Whether you are dealing with a complex multi-car pileup or a straightforward DUI claim, we are here to provide the clarity and support you need during this difficult time.
