Do I Need a Lawyer If a Drunk Driver Hit Me in Newbury Park?
Being injured by a drunk driver in Newbury Park is a devastating experience that no one should have to go through. Whether it happened on US-101, near a restaurant on Wendy Drive, in the vicinity of Holdren's Steak and Seafood or Sumo Sushi, or anywhere else in unincorporated Ventura County, a crash caused by an impaired driver is different from a standard accident case. It is more than negligence. It is reckless, knowing endangerment, and the law provides additional remedies to victims that are not available in ordinary car accident cases. Hiring a lawyer is not just recommended: it is essential.
Why Drunk Driver Cases Are Different
In a standard car accident, you can recover compensatory damages, meaning the money needed to make you whole: medical expenses, lost wages, pain and suffering. When a drunk driver causes your injuries, California law also allows you to seek punitive damages in appropriate cases. Punitive damages are designed not to compensate the victim but to punish the defendant for especially egregious conduct and to deter others from similar behavior. Driving under the influence is precisely the kind of conscious disregard for others' safety that can support a punitive damages award.
Punitive damages can dramatically increase the total amount recovered in a DUI injury case. They are in addition to, not instead of, your full compensatory damages. An attorney experienced with drunk driver injury cases knows how to plead and pursue punitive damages effectively.
The Dram Shop Angle
California has limited dram shop liability compared to some other states, but it is not zero. California Business and Professions Code section 25602 generally limits liability for licensed alcohol sellers who serve an already-intoxicated patron, but exceptions exist, including for sales to minors. If the drunk driver was a minor and was served alcohol at a restaurant or bar near Newbury Park Town Center or a local Newbury Park establishment, the alcohol vendor may bear liability as well.
An attorney will investigate where the drunk driver was drinking before the crash and whether any third-party liability exists, including against a social host who may have provided alcohol to an underage drinker in violation of California law.
The Criminal Case and Your Civil Claim
If the drunk driver was arrested following the crash, a criminal DUI case will proceed through the Ventura County court system, separate from your civil injury claim. A criminal conviction can be powerful evidence in your civil case: it establishes that the driver was legally intoxicated, which eliminates a whole category of defenses in the civil proceeding.
However, your civil case does not depend on the outcome of the criminal case. Even if the driver is acquitted or pleads to a reduced charge, your civil claim for damages can proceed. The burden of proof in a civil case, preponderance of the evidence, is lower than the beyond-a-reasonable-doubt standard required for a criminal conviction.
What Your Attorney Will Do for You
An attorney handles the full civil claim: obtaining evidence of intoxication including the police report, arrest records, and breathalyzer results, filing with Ventura County Superior Court if necessary, pursuing all available insurance coverage, and building the punitive damages case alongside the compensatory claim. They will also manage medical liens with providers like Los Robles Regional Medical Center and negotiate for maximum net recovery.
Our Newbury Park drunk driver accident attorneys fight for full compensation when impaired drivers cause harm in Newbury Park and throughout unincorporated Ventura County.
Visit our Newbury Park personal injury page or contact L&F Brown today for a free consultation. No fee unless we win.
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