Hit by a Drunk Driver in Valley Glen: Your Legal Options

Arya Firoozmand, Esq.

Local Valley Glen Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He grew up in Woodland Hills, graduated from El Camino Real High School and UCLA Law School, and has built his practice representing injured clients from communities across the San Fernando Valley.

Being hit by a drunk driver in Valley Glen is not just an accident. It is the result of someone choosing to get behind the wheel while impaired, knowing the risk they were creating. California law treats this choice seriously, and 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 compensation after a drunk driver crash on Victory Blvd, Oxnard St, Fulton Ave, or any other Valley Glen road.

Two Separate Legal Tracks

After a drunk driving crash, two legal proceedings operate independently. The criminal case is handled by the Los Angeles County District Attorney. You are a victim and potential witness, but you do not control the prosecution. The DA decides whether to charge the driver with DUI, and the court determines penalties, which may include jail time, fines, license suspension, probation, and mandatory alcohol education.

Your civil case is the one you control through your attorney. This is the personal injury claim or lawsuit that produces financial compensation for your injuries. The civil case is entirely separate from the criminal proceedings. You can pursue a civil claim even if the criminal charges are reduced or dismissed. The burden of proof is lower in civil court, requiring only a preponderance of the evidence rather than proof beyond a reasonable doubt.

You should pursue both, but understand that the criminal case will not compensate you for your injuries. Even if the court orders restitution, those amounts are typically limited and difficult to collect. Only your civil claim provides the full financial recovery you need.

Filing Your Insurance Claim

The civil process typically begins with a claim against the drunk driver's auto insurance policy. California law requires drivers to carry minimum bodily injury liability coverage of $15,000 per person, though many drivers carry more. Your attorney files the claim, provides documentation of your injuries and damages, and negotiates with the insurance company.

Do not expect the insurance company to be fair just because the driver was drunk. Even when liability is undisputed, the adjuster's job is to minimize the payout. They will challenge the severity of your injuries, the necessity of your treatment, and the connection between the accident and your symptoms. They will offer a quick settlement designed to close the file before the full extent of your injuries is known.

If the drunk driver's insurance is inadequate, your own underinsured motorist coverage may provide additional compensation. This coverage exists specifically for situations where the at-fault driver cannot fully compensate you. Your attorney identifies every available policy and pursues claims against all of them.

Filing a Lawsuit

When the insurance company refuses to offer fair compensation, your attorney files a lawsuit. Drunk driver accident cases in Valley Glen are filed at Van Nuys Courthouse West. The litigation process involves discovery, where both sides exchange evidence and take depositions, and potential mediation before trial.

Most drunk driver cases settle before trial. The liability evidence is typically strong, and the threat of punitive damages creates significant risk for the defendant. But having an attorney who is genuinely prepared for trial is what drives fair settlement offers. Insurance companies know which attorneys actually try cases and which ones always settle. The ones who try cases get better offers.

Punitive Damages: The Key Advantage

Punitive damages are what make drunk driver cases fundamentally different from other car accident claims. Under California Civil Code Section 3294, you can seek punitive damages when the defendant acted with conscious disregard for the safety of others. Driving while intoxicated meets this standard because the driver knew the risks and chose to drive anyway.

Punitive damages are awarded on top of compensatory damages. They serve two purposes: punishing the drunk driver and deterring others from similar conduct. There is no formula or cap. The jury decides the amount based on the severity of the defendant's conduct, their financial situation, and the compensatory damages awarded.

The practical effect of punitive damages is enormous. Even if compensatory damages total $200,000, a jury could award an additional $200,000 or more in punitive damages, effectively doubling the recovery. The availability of punitive damages also increases the settlement value because the insurance company and defendant want to avoid the risk of a large jury verdict.

What Compensation You Can Recover

Your compensatory damages cover every loss caused by the drunk driver. Medical expenses include emergency treatment at Valley Presbyterian Hospital, surgery, hospitalization, follow-up care, physical therapy, medications, and future treatment costs. Lost wages cover income missed during recovery. Future lost earning capacity applies if your injuries permanently reduce your ability to work.

Pain and suffering compensates for physical pain, emotional distress, anxiety, depression, post-traumatic stress, sleep disturbances, and fear of driving or riding in vehicles. Loss of enjoyment of life compensates for activities and experiences you can no longer participate in. Property damage covers your vehicle and personal items.

Punitive damages add an additional layer of recovery that is only available because the driver was intoxicated. Together, compensatory and punitive damages can produce a recovery substantially larger than a comparable sober-driver case.

Steps to Take Now

Seek medical treatment at Valley Presbyterian Hospital or the nearest emergency facility if you have not already. Follow through with all recommended treatment, specialist referrals, and follow-up appointments. Gaps in treatment can be used by the insurance company to argue your injuries are not serious.

Preserve everything related to the crash. The police report, medical records, medical bills, photographs, the drunk driver's information, and any communications from insurance companies. Do not discuss the accident on social media. Do not give recorded statements to any insurance company without your attorney present.

Do not accept any settlement offer without legal advice. Early offers are designed to close the file cheaply before the full value of your case is understood. Once you accept, you cannot go back and ask for more, even if your injuries turn out to be far worse than initially thought.

Contact a Valley Glen drunk driver accident lawyer as soon as possible. Evidence from drunk driver crashes, including traffic camera footage from Victory Blvd and Oxnard St, witness testimony, and the driver's BAC records, must be preserved quickly. An attorney acting early secures this evidence and begins building your case immediately.

Do Not Rely on the Criminal Case

The criminal prosecution may feel like justice, and it serves an important public safety function. But it does not pay your medical bills, replace your lost income, or compensate you for your pain. The criminal case and your civil case serve different purposes, and you need both.

Contact L&F Brown in Valley Glen for a free consultation. We fight for drunk driver accident victims and pursue every dollar of compensation the law allows, including punitive damages. There is no fee unless we recover for you.