Do I Need a Lawyer If a Drunk Driver Hit Me in Westlake Village?

Curt Brown, Esq. — Founding Partner

Local Westlake Village Injury Attorney · UCLA Law

Curt Brown is a founding partner at L&F Brown. He grew up in Thousand Oaks, just over the hill from Westlake Village, attended Thousand Oaks High School, graduated from UCLA Law School, and has spent his career handling injury cases on both sides of the LA/Ventura County line.

Being hit by a drunk driver in Westlake Village is a violent, preventable collision that leaves victims with serious injuries, trauma, and a justified sense of outrage. California law gives victims of drunk driver accidents powerful legal tools that go beyond what standard car accident cases offer, including the potential for punitive damages and claims against establishments that overserved alcohol to the at-fault driver. These additional legal avenues require the expertise of an experienced Westlake Village drunk driving accident attorney who knows how to maximize every path to recovery.

Punitive Damages: A Unique Feature of Drunk Driver Cases

In ordinary negligence cases, victims can only recover compensatory damages, meaning compensation for their actual losses. Drunk driving cases are different. California Civil Code Section 3294 allows courts to award punitive damages when the defendant's conduct constitutes malice, oppression, or fraud. California courts have consistently held that driving under the influence of alcohol constitutes the kind of conscious disregard for others' safety that can support a punitive damages award.

Punitive damages are not tied to your actual losses. They are designed to punish the defendant and deter similar conduct. In serious drunk driving cases, punitive awards can significantly exceed the compensatory damages. Your attorney will pursue punitive damages aggressively when the facts support them, which in turn increases the pressure on the driver's insurer to settle at full value.

Dram Shop Liability: Can a Bar Be Responsible?

California Business and Professions Code Section 25602.1 allows a lawsuit against a commercial alcohol vendor who sells alcohol to an obviously intoxicated person who then causes injury to a third party. If the drunk driver who hit you was overserved at Stonehaus wine bar, Westlake Village Inn, or any other establishment in Westlake Village before the crash, that establishment may share liability for your injuries.

These cases require evidence of the driver's consumption at the establishment, the establishment's knowledge or constructive knowledge of the driver's intoxication, and the causal link between the overservice and the crash. Your attorney investigates the driver's drinking history for the evening, the bar or restaurant's service records, and any witness accounts of the driver's condition before leaving the establishment.

The DUI Criminal Case and Your Civil Claim

When a drunk driver injures someone in Westlake Village, they face both criminal prosecution and a civil personal injury claim. The criminal case is handled by the district attorney's office, either for LA County if the crash was on the LA side or Ventura County if it was on the Ventura side, a determination that follows the same county line logic that governs all Westlake Village cases. The criminal case and civil case proceed on parallel tracks.

A DUI conviction or guilty plea in the criminal case is powerful evidence in your civil claim. The defendant cannot deny their intoxication in the civil case after admitting to it criminally. Your attorney monitors the criminal proceeding and uses its outcome strategically to strengthen your civil case.

Law Enforcement Response

On US-101 through Westlake Village, CHP responds to drunk driving crashes and administers field sobriety tests and blood alcohol testing. On the LA County portion of Westlake Village streets, the LASD Lost Hills Station makes DUI arrests and prepares crash reports. On the Ventura side, the Ventura County Sheriff's Office handles these cases. CHP and sheriff's reports documenting the driver's BAC level and DUI arrest or citation are essential evidence in your civil case.

Which Courthouse Handles Your Case

The LA/Ventura county line determines which civil courthouse handles your drunk driving injury lawsuit. LA County incidents go to the Chatsworth Courthouse and Ventura County incidents go to Ventura County Superior Court. Dram shop claims against an establishment in Westlake Village follow the same county venue rule. An attorney familiar with both venues knows which jury pool is more likely to award substantial punitive damages and structures the case accordingly.

If you were injured by a drunk driver anywhere in Westlake Village, contact L&F Brown for a free consultation. We pursue every available recovery source, including punitive damages and dram shop claims. Visit our Westlake Village personal injury page to get started today.