Hit by a Drunk Driver in North Hollywood: Your Legal Options

Arya Firoozmand, Esq.

Local North Hollywood Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. A Woodland Hills native and El Camino Real graduate, he earned his law degree at UCLA and has spent his career representing injured clients across the San Fernando Valley.

Being hit by a drunk driver is a different kind of accident. It was entirely preventable. Someone made a deliberate choice to get behind the wheel after drinking, and you are paying the price for that choice with your health, your finances, and your peace of mind. If this happened to you in North Hollywood, you have legal options that go beyond what is available in a standard car accident case. Here is what you need to know about pursuing full compensation and holding the drunk driver accountable.

The Civil Case vs. The Criminal Case

The first thing to understand is that there are two separate legal proceedings when a drunk driver causes an accident. The criminal case is brought by the State of California and prosecuted by the Los Angeles County District Attorney's office. It is handled at the Van Nuys Courthouse West and seeks to punish the driver through fines, jail time, probation, and license suspension. The criminal case is important, but it does not put money in your pocket. Restitution orders in criminal cases are typically limited to out-of-pocket losses and rarely cover the full scope of damages you are owed.

The civil case is your personal injury claim. You bring it against the drunk driver and any other liable parties, and it seeks monetary compensation for all of your damages, including categories of harm that the criminal case does not address. You do not need to wait for the criminal case to conclude before filing your civil claim, and the two cases proceed on independent timelines.

Your Right to Compensatory Damages

As the victim of a drunk driving crash, you are entitled to pursue full compensatory damages for every harm the accident caused. This includes the following.

Medical expenses. Your emergency treatment at Providence Saint Joseph Medical Center in Burbank, all follow-up care, surgeries, physical therapy, prescription medications, medical devices, and any future treatment your injuries will require. Drunk driving crashes tend to involve higher speeds and more violent impacts, which produce more severe injuries and higher medical costs.

Lost income. Every paycheck you missed while recovering from your injuries. If your injuries have reduced your ability to earn what you were making before the crash, whether through physical limitations, cognitive impairment from a traumatic brain injury, or the inability to return to your previous occupation, lost future earning capacity is a separate and often substantial component of your claim.

Pain and suffering. The physical pain you have endured and continue to endure. The emotional toll, including anxiety, depression, insomnia, PTSD, and the fear that accompanies the knowledge that someone chose to drive drunk and nearly killed you. The disruption to your daily life, your relationships, your hobbies, and your sense of security. These non-economic damages are often the largest component of a drunk driving case and they require careful documentation and presentation to recover fully.

Property damage. The cost to repair or replace your vehicle and any personal belongings destroyed in the crash.

Your Right to Punitive Damages

This is the category of damages that separates drunk driving cases from ordinary car accidents. Under California Civil Code Section 3294, you can pursue punitive damages when the defendant's conduct shows malice, oppression, or conscious disregard for the rights and safety of others. Choosing to drive while intoxicated is exactly the kind of conduct the punitive damages statute was designed to address.

Punitive damages are not about compensating you for specific losses. They are about punishing the drunk driver for their reckless behavior and sending a message that this conduct will not be tolerated. The amount of punitive damages depends on the reprehensibility of the driver's conduct, the ratio to compensatory damages, and the defendant's financial condition.

Factors that increase punitive damages include a high blood alcohol concentration significantly above the legal limit. Prior DUI convictions showing a pattern of behavior. Extreme recklessness such as driving at high speed on Lankershim Blvd while intoxicated. Leaving the scene after the crash. And any evidence that the driver knew they were too impaired to drive and chose to do so anyway.

Dram Shop and Third-Party Claims

If the drunk driver was served alcohol at a bar, restaurant, or other licensed establishment in North Hollywood before the crash, there may be additional parties you can pursue. California's dram shop law is limited for adult patrons, but if the driver was a minor under 21 who was served at a NoHo Arts District venue, the establishment faces liability under Business and Professions Code Section 25602.1.

Employer liability is another avenue. If the driver was drinking at a company event, work function, or on the clock, the employer may be responsible for the resulting damages. Social host liability can apply in limited circumstances when a host furnishes alcohol to a minor who then drives and causes a crash.

Each additional liable party potentially brings additional insurance coverage or assets into the case. An attorney who investigates where the driver was drinking and how they came to be behind the wheel can identify every available source of recovery.

Uninsured and Underinsured Motorist Coverage

Drunk drivers are more likely than sober drivers to carry inadequate or no insurance. If the driver who hit you on the 170 Freeway or Lankershim Blvd has the California minimum of $30,000 in liability coverage, or no coverage at all, that amount will not come close to covering your damages.

Your own auto insurance policy may include uninsured motorist (UM) and underinsured motorist (UIM) coverage. These coverages step in when the at-fault driver cannot pay. UM coverage applies when the driver has no insurance. UIM coverage applies when the driver's insurance is not enough to cover your damages. If you have this coverage, it may be the most important source of recovery in your case.

Filing a UM or UIM claim is not as simple as calling your own insurer and asking for payment. Your insurance company has the right to dispute the claim, and they will often try to minimize the payout just as aggressively as the other driver's insurer would. Having an attorney handle this claim ensures you receive the full amount you are owed under your policy.

Steps to Take Right Now

Get complete medical treatment. Do not skip follow-up appointments or stop physical therapy early because you feel better. Your medical records are the backbone of your damages claim, and gaps in treatment give the insurance company ammunition to argue your injuries are not as serious as you claim.

Preserve all evidence from the crash. Keep the LAPD or CHP report, all photographs, witness contact information, and any dashcam footage. Save all correspondence from insurance companies without responding to it.

Attend the criminal proceedings if possible. As the victim, you have rights in the criminal case under Marsy's Law, California's Victims' Bill of Rights. You have the right to be notified of hearings, to attend proceedings, and to make a statement at sentencing. The criminal case also produces evidence that benefits your civil claim.

Do not accept any settlement offer without consulting an attorney. Insurance companies for drunk drivers know that punitive damages loom over these cases, and they may try to settle quickly and cheaply before you understand the full value of your claim. An early settlement that does not account for punitive damages, future medical costs, and the full scope of your pain and suffering will leave significant compensation on the table.

Contact a drunk driving accident attorney. These cases are more complex than standard car accident claims and require an attorney who understands how to pursue punitive damages, investigate dram shop liability, and maximize recovery from all available sources.

Take the Next Step

If you were hit by a drunk driver in North Hollywood, you have the right to pursue full compensation and to hold the drunk driver accountable for their decision. A North Hollywood drunk driver accident lawyer can evaluate your case, explain your options, and begin building a claim that pursues every available dollar.

Our North Hollywood personal injury team has experience with drunk driving cases involving crashes on Lankershim Blvd, Magnolia Blvd, the 170 Freeway, and throughout the NoHo Arts District. We pursue punitive damages when the facts support them and we fight to maximize every component of your recovery. The consultation is free and you pay nothing unless we win. Call us today.