Hit by a Drunk Driver in Northridge: Your Legal Options

Arya Firoozmand, Esq.

Local Northridge Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. A Woodland Hills native who attended nearby El Camino Real High School, he graduated from UCLA Law School and has represented injured Northridge residents throughout his career.

Being hit by a drunk driver is one of the most infuriating experiences a person can go through. Someone made the reckless decision to drive while intoxicated, and you are the one paying the price with injuries, medical bills, lost income, and pain. The good news is that California law provides multiple avenues for you to recover compensation. Here are your legal options after being hit by a drunk driver in Northridge.

Option 1: File a Civil Lawsuit for Compensatory Damages

Your primary legal option is a civil personal injury lawsuit against the drunk driver. This is separate from any criminal charges the driver may face. In your civil case, you seek compensatory damages for all losses caused by the crash.

Compensatory damages include your medical expenses for treatment at Northridge Hospital Medical Center and any specialists, surgeons, and therapists involved in your care, both what you have already incurred and what you will need in the future. Lost wages for the time you have missed from work and lost earning capacity if your injuries prevent you from working at the same level going forward. Pain and suffering for the physical pain, emotional distress, anxiety, depression, and diminished quality of life caused by the crash. Property damage for your vehicle and personal belongings destroyed in the collision.

To prevail in a civil lawsuit, you must prove that the drunk driver was negligent and that their negligence caused your injuries. In a DUI case, negligence is typically straightforward to establish because driving while intoxicated is negligence per se under California law. If the driver was arrested and their blood alcohol content tested above 0.08%, that test result is strong evidence of negligence.

The statute of limitations for a personal injury lawsuit in California is two years from the date of the crash. Missing this deadline bars your claim entirely, regardless of how strong your evidence is.

Option 2: Pursue Punitive Damages

Drunk driving cases are one of the few types of personal injury cases where punitive damages may be available. Under California Civil Code Section 3294, punitive damages can be awarded when the defendant's conduct demonstrates malice, oppression, or fraud. Courts have recognized that the decision to drive while intoxicated can constitute the type of conscious disregard for the safety of others that supports a punitive damages award.

Punitive damages go beyond compensating you for your losses. They are designed to punish the drunk driver for their reckless behavior and to send a message that deters others from similar conduct. There is no cap on punitive damages in California, though courts consider factors including the reprehensibility of the conduct, the ratio of punitive to compensatory damages, and the defendant's financial condition.

The potential for punitive damages significantly increases the overall value of your case and gives your attorney additional leverage in settlement negotiations. Insurance companies know that juries in the San Fernando Valley take drunk driving seriously, and the prospect of a large punitive damages verdict at the Chatsworth Courthouse motivates higher settlement offers.

Option 3: Insurance Claims

In parallel with or instead of a lawsuit, you can pursue insurance claims. The drunk driver's auto liability insurance is the first source of coverage. California requires minimum liability coverage of $30,000 per person and $60,000 per accident, but many drivers carry higher limits. Your attorney will determine the available coverage and pursue the maximum payout from the driver's policy.

If the drunk driver is uninsured or underinsured, meaning their coverage is insufficient to fully compensate you, your own auto insurance policy may provide additional recovery through uninsured/underinsured motorist coverage. This coverage, if you carry it, pays the difference between what the drunk driver's insurance covers and your actual damages, up to your policy limits.

If the drunk driver was working at the time of the crash, an employer's commercial insurance policy may provide additional coverage. If the drunk driver was operating someone else's vehicle, the vehicle owner's insurance may apply. An attorney can identify all available insurance sources to maximize your total recovery.

Option 4: Coordination with the Criminal Case

If LAPD arrested the drunk driver on Northridge streets or CHP arrested them on the 118 Freeway, criminal DUI charges will be filed by the Los Angeles County District Attorney. The criminal case proceeds separately from your civil claim, but the two are connected in important ways.

A criminal conviction is admissible evidence in your civil case and essentially proves the driver was intoxicated. BAC test results, officer testimony, and field sobriety test results from the criminal proceedings become available for use in your civil claim. If the driver pleads guilty or is found guilty, it eliminates the need to litigate the question of intoxication in your civil case.

You may also be eligible for restitution through the criminal case. California Penal Code Section 1202.4 requires courts to order defendants to pay restitution to victims for economic losses. Restitution ordered in the criminal case can cover medical expenses, lost wages, and property damage. However, restitution does not cover non-economic damages like pain and suffering, so the criminal restitution order is typically only a partial recovery. Your civil case is where you pursue full compensation.

Option 5: Victim Compensation Programs

The California Victim Compensation Board provides financial assistance to victims of violent crimes, including drunk driving crashes. Benefits can include coverage for medical expenses, mental health counseling, lost wages, and funeral expenses in wrongful death cases. These benefits are available regardless of whether the drunk driver is caught, convicted, or has insurance.

Victim compensation is not a substitute for a civil lawsuit, as the amounts are limited and do not cover pain and suffering. But it can provide immediate financial relief while your civil case is being pursued, particularly if you are facing urgent medical bills or cannot work.

Steps to Take Right Now

Your legal options are strongest when you take the right steps from the beginning. If you have not already done so, take these actions as soon as possible.

Obtain a copy of the LAPD or CHP crash report. This report documents the circumstances of the crash, the officer's observations about the drunk driver's condition, and any citations or arrests made at the scene. Follow through with all medical treatment recommended by your doctors at Northridge Hospital Medical Center and any specialists. Complete medical documentation establishes the severity of your injuries and the connection to the crash.

Keep records of all expenses related to the crash, including medical bills, prescription costs, transportation to medical appointments, and any home modifications or assistance you need during recovery. Document your lost wages with pay stubs, tax returns, and a letter from your employer. Keep a daily journal of your pain levels, physical limitations, and emotional state. This contemporaneous record is powerful evidence of your non-economic damages.

Do not communicate with the drunk driver's insurance company without your attorney present. Do not post about the crash on social media. Do not accept any settlement offer without having it reviewed by a lawyer. Early settlement offers in drunk driving cases are almost always inadequate because they do not account for punitive damages or the full extent of future damages.

Getting Started

The first step is a consultation with a Northridge drunk driving accident lawyer who can evaluate all of your legal options based on the specific facts of your case. A lawyer can identify all liable parties, determine all available insurance coverage, assess the viability of a punitive damages claim, and give you a realistic picture of what your case is worth.

Our Northridge personal injury attorneys represent drunk driving victims on a contingency fee basis. You pay nothing upfront and nothing at all unless we recover compensation for you. Call us today for a free consultation and take the first step toward holding the drunk driver accountable.