Hit by a Drunk Driver in Pacoima: Your Legal Options

Arya Firoozmand, Esq.

Local Pacoima Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. A San Fernando Valley native, he graduated from El Camino Real High School and UCLA Law School. He represents injured clients from every corner of the Valley, from Woodland Hills to Pacoima.

Being hit by a drunk driver is not a random accident. It is the direct result of someone choosing to drink and then choosing to drive. That person's decision put you in harm's way, and now you are dealing with injuries, medical bills, missed work, and the emotional weight of knowing this should never have happened. Whatever the criminal justice system does with the driver, you have your own legal rights, and they are stronger than in a typical car accident case.

This article is written for people who were hurt by a drunk driver in Pacoima. It explains what happens legally on both the criminal and civil sides, what evidence matters most, and what you should do right now to protect your recovery.

The Criminal Case and Your Civil Case Are Not the Same Thing

When a drunk driver is arrested after a crash in Pacoima, LAPD Foothill Division handles arrests on city streets and CHP handles arrests on the I-5 and 118 freeways. The driver faces criminal charges through the Los Angeles County District Attorney's office. Those charges can result in jail time, fines, license suspension, and a criminal record.

Your civil case is completely separate. It is not the state punishing the driver for a crime. It is you seeking financial compensation for your injuries and losses. The two cases run in parallel, and they operate under different rules:

• The criminal case requires proof beyond a reasonable doubt. Your civil case requires a preponderance of the evidence, a lower standard.
• The criminal case is prosecuted by the DA. Your civil case is pursued by you, through your attorney.
• The criminal case can result in jail and fines. Your civil case results in money damages paid to you.

You do not have to wait for the criminal case to conclude. You can begin your civil claim immediately. In fact, you should. Evidence disappears. Surveillance footage from businesses on Van Nuys Blvd and Foothill Blvd is overwritten within days. Bar receipts and credit card records can become harder to obtain. The sooner your attorney starts, the stronger your evidence position.

What Makes Your Case Stronger Than a Standard Car Accident Claim

Drunk driver cases carry legal advantages that standard negligence claims do not:

Negligence per se. The driver's BAC above .08 is a violation of California Vehicle Code Section 23152. That violation is treated as automatic evidence of negligence. You do not have to argue about whether the driver was being careful. The law says they were impaired, and impaired driving is negligent driving.

Punitive damages. California law allows courts to award punitive damages when the defendant's conduct shows a conscious disregard for others' safety. Driving drunk meets that standard. Punitive damages go beyond compensating you for your losses. They punish the driver and serve as a deterrent. In serious cases, punitive damages can be substantial.

Jury sympathy. Juries do not like drunk drivers. A defendant who chose to drink and drive, then caused injuries to an innocent person, faces a jury that is predisposed to hold them accountable. This dynamic often produces higher verdicts and pushes insurance carriers to settle for greater amounts rather than risk a trial.

What to Do Right Now

Get a full medical evaluation at Olive View-UCLA Medical Center. Located at 14445 Olive View Dr in Sylmar, Olive View-UCLA is the closest major hospital to Pacoima. Even if your injuries seem manageable right now, get a complete evaluation. DUI crashes often produce higher-force impacts because impaired drivers frequently fail to brake or swerve before the collision. Concussions, internal bleeding, spinal injuries, and fractures may not be fully apparent in the first hours. A same-day medical record from Olive View-UCLA connects your injuries to the crash and prevents the insurer from arguing they were pre-existing.

Get the police report and arrest information. If the crash happened on a city street, LAPD Foothill Division generated the report. If it happened on the I-5 or 118, CHP handled it. The report includes the driver's BAC reading (from a breathalyzer or blood draw), any field sobriety test results, the arrest details, and the officer's observations about the driver's condition. This report is a cornerstone of your civil case.

Document your injuries over time. Photograph your injuries on the day of the crash and continue photographing them as they develop. Bruising often worsens over the following days. Surgical scars and physical therapy progress should also be documented. Visual evidence of your injuries has significant impact on juries and in settlement negotiations.

Do not post on social media. The insurance company will search your social media accounts for anything that contradicts your injury claims. A photo of you smiling at a family gathering can be taken out of context to argue you are not as hurt as you claim. The safest approach is to stop posting entirely until your case is resolved.

Do not speak to the drunk driver's insurance company. Their adjuster will call. They will sound reasonable. Their job is to get you to say something, anything, that reduces the value of your claim. Do not engage. Tell them your attorney will be in contact.

Contact a drunk driver accident attorney. Your attorney begins preserving evidence immediately: bar surveillance footage, credit card and bar tab records, the police report and BAC data, witness statements, and your medical documentation. Early action produces stronger cases.

Compensation Available in Your Pacoima Drunk Driver Case

As a victim of a drunk driver in Pacoima, you can pursue the following categories of compensation:

Medical expenses: All treatment related to your injuries, from emergency care at Olive View-UCLA Medical Center through surgeries, hospitalizations, specialist visits, physical therapy, and future medical needs.

Lost wages and earning capacity: Income you missed during recovery, and reduced future earning capacity if your injuries are permanent or long-term.

Pain and suffering: Physical pain, emotional distress, PTSD, anxiety, fear of driving, and reduced quality of life. There is no cap on pain and suffering damages in California personal injury cases.

Property damage: Vehicle repair or replacement and personal items destroyed in the crash.

Punitive damages: Additional damages to punish the drunk driver for their reckless conduct. Punitive damages are available specifically because the driver was impaired, and they can significantly increase the total value of your case.

Drunk driver cases in Pacoima and the San Fernando Valley have produced settlements and verdicts ranging from $150,000 to over $700,000, depending on the severity of injuries, BAC evidence, and available insurance. Cases with dram shop liability against a bar or restaurant can produce even higher recoveries.

You Have Every Right to Hold Them Accountable

The driver who hit you had no right to be on the road. California law gives you the tools to hold them fully accountable, including punitive damages that go beyond just covering your expenses. You do not have to go through this alone.

L&F Brown represents drunk driver accident victims throughout Pacoima on contingency. No fees unless we recover compensation for you. Speak with a Pacoima drunk driver accident lawyer today, or visit our Pacoima personal injury page for a free consultation.