Hit by a Drunk Driver in Woodland Hills: Your Legal Options
Being hit by a drunk driver is not an accident in the ordinary sense. Someone made a decision, to drink, to get behind the wheel, and to drive. That decision put you in the hospital, took you off your feet, and upended your life. Whatever the criminal justice system does with that driver, you have your own set of 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 Woodland Hills. It explains what happens legally, what evidence matters, and why your civil case and the driver's criminal case are two separate tracks that run at the same time.
Why Drunk Driver Cases in Woodland Hills Are Different
Woodland Hills has a well-established restaurant and bar district centered in the Warner Center area on the east end of Ventura Blvd. Late-night DUI crashes are a documented pattern in this area, drivers leaving Warner Center bars who make their way onto Topanga Canyon Blvd, De Soto Ave, Canoga Ave, or onto the US-101 (Ventura Freeway) westbound. LAPD West Valley Division runs periodic DUI checkpoints on Topanga Canyon Blvd and is the primary enforcement agency for DUI arrests throughout Woodland Hills.
When a driver is arrested for DUI after hitting you, LAPD West Valley generates an arrest report and the driver's blood alcohol content (BAC) is recorded, either through a breathalyzer at the scene or a blood draw. That BAC measurement becomes one of the most important pieces of evidence in your civil case.
Late-night crashes on the 101 westbound out of the Valley are also common. If your accident occurred on the freeway, California Highway Patrol handled the investigation and the CHP report will reflect any DUI arrest or field sobriety test results at the scene.
If you were taken by paramedics or drove yourself to the emergency room, West Hills Hospital and Medical Center at 7300 Medical Center Dr in West Hills is the primary trauma-capable facility in the area. Your medical records from West Hills Hospital document the nature and severity of your injuries and establish the causal link to the crash, both critical in your civil case.
The Criminal Case and Your Civil Case Are Separate. Do Not Wait
One of the most common mistakes DUI accident victims make is assuming they need to wait for the criminal case to finish before pursuing a civil claim. That is not true, and waiting can hurt you.
In California, you can file a civil personal injury lawsuit against a drunk driver regardless of the status of the criminal case against them. The criminal case is the state prosecuting the driver for a crime. Your civil case is you suing the driver for your injuries and losses. These are two completely separate legal proceedings with different standards of proof and different goals.
In fact, a guilty plea or conviction in the criminal case is powerful evidence in your civil case, but you do not need to wait for it. Evidence gets stale. Witnesses forget details. Surveillance footage near Warner Center bars and along Ventura Blvd gets overwritten. The sooner your attorney gets involved, the better your evidence position will be.
Our Woodland Hills drunk driver accident lawyers know how to move quickly while the criminal process is still unfolding and how to use every piece of DUI evidence to maximum effect in your civil claim.
What to Do Right Now
Get full medical evaluation at West Hills Hospital. Even if you left the scene feeling okay, get checked out. Adrenaline masks pain and some internal injuries are not immediately apparent. Your medical records from West Hills Hospital and Medical Center are foundational evidence in your case.
Get the police report. If LAPD West Valley Division responded to the scene on a city street, contact them to obtain the report. If CHP handled it on the 101, contact the CHP Newhall area office. The report will include the driver's BAC, any charges filed, and the officer's initial fault assessment.
Document your injuries and the scene. Photograph your injuries as soon as possible, and again as bruising and swelling develop over the following days. If you can, photograph the accident scene, including any skid marks, vehicle positions, and surrounding bars or restaurants on Ventura Blvd. Note the time of the crash, as late-night timing corroborates intoxication patterns from the Warner Center area.
Do not speak to the drunk driver's insurance company alone. Their insurer will contact you. They are not on your side. Do not give a recorded statement. Refer them to your attorney.
Preserve all receipts and records. Medical bills, prescription costs, car repair or replacement costs, and any documentation of missed work should be saved from day one.
Punitive Damages. What Makes DUI Cases Different
California law allows courts to award punitive damages in addition to compensatory damages when the defendant's conduct shows a conscious disregard for the safety of others. Driving under the influence qualifies. Courts and juries in Los Angeles County have consistently held that choosing to drink and drive meets that standard.
Punitive damages are not tied to your economic losses. They are meant to punish the defendant and deter similar conduct. In serious DUI cases, punitive damages can be substantial, sometimes exceeding the compensatory damages awarded for your injuries. This is one of the primary reasons drunk driver cases can have significantly higher value than typical car accident cases.
Dram Shop Liability. Can You Sue the Bar?
California has limited dram shop liability compared to some states, but it is not nonexistent. Under California Business and Professions Code Section 25602.1, a licensed alcohol retailer, like a bar or restaurant in the Warner Center district on Ventura Blvd, can be held liable for damages caused by an obviously intoxicated person if they continued to serve that person alcohol knowing they would be driving.
The key word is "obviously intoxicated." This is a higher bar than in some states, and it requires evidence about the driver's visible condition at the time they were being served. Bar receipts, surveillance footage inside the establishment, witness statements from bartenders or other patrons, and credit card records can all be relevant.
Additionally, if an underage driver was served alcohol, California law under Business and Professions Code Section 25658 imposes stricter liability on the serving establishment. Social host liability, where a private party served alcohol to a minor who then caused a crash, also exists under California law.
What Compensation Is Available
In a drunk driver case in Woodland Hills, your compensation can include:
Medical expenses: Emergency care at West Hills Hospital, surgeries, hospitalizations, rehabilitation, and all future medical costs related to your injuries.
Lost wages and earning capacity: Wages missed during recovery and reduced future earning capacity if your injuries are long-term or permanent.
Pain and suffering: Physical pain, emotional trauma, PTSD, anxiety, and reduced quality of life.
Property damage: Vehicle repair or replacement and personal property damaged in the crash.
Punitive damages: Additional damages beyond your actual losses, available specifically because the driver was impaired. These can significantly increase the total value of your case.
Drunk driver accident cases in Woodland Hills and Los Angeles County have resulted in settlements and verdicts in the range of $250,000 to $750,000 and beyond, with punitive damages potentially adding substantially to that figure in egregious cases.
You Have Rights. Exercise Them
The driver who hit you had no right to be on the road. You have every right to hold them, and possibly others, fully accountable for what they did.
L&F Brown represents DUI accident victims throughout Woodland Hills and Los Angeles County. We handle the evidence-gathering, the insurance negotiations, and the litigation so you can focus on recovering. No fees unless we win.
Learn more about our work for injury victims throughout the area at our Woodland Hills personal injury page.
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