Hit by a Drunk Driver in Van Nuys: Your Legal Options
Being hit by a drunk driver changes everything in an instant. One person's decision to get behind the wheel after drinking has now left you injured, in pain, and facing a stack of medical bills and questions about what comes next. If this happened to you in Van Nuys, whether on the 405 Freeway, Van Nuys Blvd, Sherman Way, or a neighborhood street, you have real legal options, and they are stronger than you might think.
Drunk driving cases carry more legal weight than ordinary car accident claims. California law takes impaired driving seriously, and the tools available to hold a drunk driver accountable go beyond what is available in a standard negligence case. Here is what you need to know about your options.
Option One: A Civil Lawsuit for Compensatory Damages
Your primary legal option is a civil personal injury lawsuit against the drunk driver and any other liable parties. This lawsuit seeks compensatory damages, the money intended to make you whole for everything the accident cost you.
Compensatory damages include all of your medical expenses, from emergency treatment at Valley Presbyterian Hospital on Vanowen Street through every surgery, hospitalization, therapy session, and prescription. They include lost wages for time missed from work. They include future medical costs if your injuries require long-term treatment. They include diminished earning capacity if you can no longer do the work you did before the crash. And they include non-economic damages for pain and suffering, emotional distress, loss of enjoyment of life, and the overall impact on your daily existence.
California has a two-year statute of limitations for personal injury cases. You must file your lawsuit within two years of the date of the accident or you lose the right to sue. But the practical deadline is much sooner, because evidence needs to be preserved now, not a year from now.
Option Two: Punitive Damages
Punitive damages are a separate and powerful legal remedy available in drunk driving cases. Unlike compensatory damages, which are designed to make you whole, punitive damages are designed to punish the defendant for particularly reckless conduct and to deter others from behaving the same way.
California Civil Code Section 3294 allows punitive damages when the defendant acted with malice, oppression, or fraud. Driving while intoxicated has been consistently recognized by California courts as the type of conscious disregard for safety that justifies punitive damages. The driver knew that drinking and driving was dangerous. They did it anyway. That conscious choice is what makes punitive damages appropriate.
The amount of punitive damages depends on the defendant's financial condition and the severity of their conduct. A high blood alcohol concentration, prior DUI convictions, reckless driving behavior before the crash, and the severity of your injuries all factor into the calculation. Punitive damages can equal or exceed the compensatory damages in your case, effectively doubling or tripling your total recovery.
Option Three: Insurance Claims
Before or alongside a lawsuit, you can pursue insurance claims against every applicable policy. The drunk driver's auto insurance is the starting point, but it is often insufficient. California's minimum liability coverage is only $30,000 per person, and drunk drivers are disproportionately likely to carry minimum coverage or no insurance at all.
Your own uninsured or underinsured motorist (UM/UIM) coverage is critical in these situations. If you carry UM/UIM coverage, it steps in when the at-fault driver's coverage is insufficient to cover your damages. Check your own policy, because this coverage may provide $100,000, $250,000, or more depending on what you purchased.
Other insurance sources may also be available. If the drunk driver was operating a vehicle owned by someone else, the vehicle owner's policy may apply. If the driver was working at the time, their employer's commercial policy may provide coverage. If the driver was an underage drinker served by a bar, the establishment's liquor liability policy may be an additional source. Your attorney's job is to identify every available policy and maximize the total recovery.
Option Four: Criminal Restitution
The criminal DUI case against the drunk driver, prosecuted by the Los Angeles County District Attorney at the Van Nuys Courthouse on Sylmar Ave, may include a restitution order as part of the sentence. Criminal restitution can require the defendant to reimburse you for out-of-pocket losses, including medical bills and lost wages.
However, criminal restitution is not a substitute for a civil lawsuit. Restitution orders are typically limited to documented out-of-pocket expenses and do not include pain and suffering, future damages, or punitive damages. Collection can be difficult if the defendant lacks assets or income. And the criminal case timeline is controlled by the District Attorney, not by you.
Your civil lawsuit is where you pursue full compensation. The criminal case provides helpful evidence, but the civil case is your primary legal tool for recovery.
What to Do Right Now
Get comprehensive medical treatment. Go to Valley Presbyterian Hospital or another facility and get a complete evaluation. Do not skip imaging. Do not minimize your symptoms. Document everything from day one. The insurance company will look for gaps in your treatment to argue that your injuries are not as serious as claimed.
Preserve the evidence. Photograph your injuries, your vehicle, and the accident scene. Get a copy of the police report from CHP if the crash was on the 405 or LAPD if it was on a city street. Save all text messages, voicemails, and communications related to the accident. If you have dashcam footage, preserve it immediately.
Do not talk to the drunk driver's insurance company. They will call. They will try to get a recorded statement. They will try to settle quickly for an amount far below what your case is worth. Tell them your attorney will handle all communication.
Do not post on social media. Anything you post about the accident, your injuries, or your activities after the crash can be used against you. Insurance adjusters and defense attorneys routinely monitor social media accounts of claimants. A photo of you smiling at Brent's Deli two weeks after the crash, even if you were in significant pain at the time, can be used to undermine your claim.
Contact a drunk driver accident attorney immediately. Evidence in DUI cases is time-sensitive. BAC test results, dashcam footage, traffic camera recordings from Van Nuys Blvd and the 405, bar receipts, and witness statements all need to be preserved quickly. Your attorney can coordinate with the criminal case, issue preservation letters, and begin building your civil claim while the evidence is fresh.
You Have the Strongest Type of Case
Drunk driving cases are among the strongest personal injury cases because the defendant's conduct is indefensible. There is no argument that driving while intoxicated is reasonable or acceptable. Juries understand this. Insurance companies understand this. The availability of punitive damages, combined with the strength of the underlying liability, gives drunk driving victims significant leverage in settlement negotiations and at trial.
A Van Nuys drunk driver accident lawyer can explain your options in detail, evaluate your case, and fight for every dollar you are owed. The consultation is free, and we work on contingency, which means you pay nothing unless we recover compensation for you.
Contact our Van Nuys personal injury team today. You have legal options, and they are strong. Let us show you how to use them.
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