What to Do After Being Hit by a Drunk Driver in Westlake Village

Curt Brown, Esq. — Founding Partner

Local Westlake Village Injury Attorney · UCLA Law

Curt Brown is a founding partner at L&F Brown. He grew up in Thousand Oaks, just over the hill from Westlake Village, attended Thousand Oaks High School, graduated from UCLA Law School, and has spent his career handling injury cases on both sides of the LA/Ventura County line.

Being struck by a drunk driver in Westlake Village is a violent and traumatic experience. In the moments and hours afterward, you may be dealing with serious injuries, shock, fear, and confusion. Knowing exactly what to do, even in that difficult state, protects your health and your legal rights in ways that can determine the entire outcome of your case. Here is a step-by-step guide to what every Westlake Village drunk driving accident victim should do.

Step One: Call 911 Immediately

Your first call must be to 911, even before calling family members or an attorney. Law enforcement needs to arrive at the scene quickly to document the driver's impairment while it is still measurable. Field sobriety tests and blood alcohol testing become less reliable over time as the body metabolizes alcohol. The earlier law enforcement arrives, the stronger the evidence of intoxication will be in both the criminal case and your civil claim.

On US-101 through Westlake Village, CHP will respond. On the LA County portion of Westlake Village streets, the LASD Lost Hills Station handles DUI crash investigations. On the Ventura County side, the Ventura County Sheriff's Office takes the call. Make sure you tell the 911 dispatcher that you believe the other driver may be intoxicated so that DUI-trained officers are dispatched promptly.

Step Two: Stay at the Scene

Never leave the accident scene before law enforcement arrives. California Vehicle Code Section 20001 requires drivers involved in an accident causing injury to remain at the scene. Your departure, even if you are the victim and were not at fault, could complicate your legal position. Stay, and cooperate fully with law enforcement officers when they arrive.

Step Three: Tell Officers Everything You Observed

When CHP, LASD Lost Hills, or VCSO officers arrive, tell them everything you observed about the other driver's condition. Did you smell alcohol? Was the driver slurring their words? Were they unsteady on their feet? Did they make nonsensical statements? Did you observe open alcohol containers in their vehicle? Every observation you share helps build the DUI case that becomes powerful evidence in your civil claim. Be specific and accurate; do not guess or exaggerate, but do not minimize either.

Step Four: Document the Scene

While waiting at the scene and while physically capable, document as much as you can. Photograph both vehicles, the scene, the street location, visible injuries on yourself, any skid marks, and if possible, any open alcohol containers or other evidence visible in the drunk driver's vehicle. Photograph road conditions, traffic signals, and any nearby landmarks that establish your location. Near key Westlake Village locations like the US-101/Westlake Blvd interchange, Westlake Blvd itself, or Agoura Road, business surveillance cameras may have captured the crash. Note which businesses are nearby so your attorney can send preservation demands immediately.

Step Five: Seek Emergency Medical Care

Go directly to Los Robles Regional Medical Center at 215 W Janss Rd in Thousand Oaks or to the nearest emergency room. Do not delay medical care. Tell the medical staff you were in a car accident and describe all symptoms, even those that seem minor. Medical records from the date of the accident are among your most important evidence. They establish your injuries, their connection to the crash, and the beginning of your treatment history.

Step Six: Contact a Drunk Driving Accident Attorney

Contact an experienced Westlake Village drunk driving accident attorney as soon as possible after getting medical care. Your attorney's first tasks include sending preservation demands to any businesses with surveillance cameras, documenting the criminal DUI proceeding against the driver, investigating whether any bar or restaurant in Westlake Village overserved the driver before the crash, and managing all communications with insurance companies.

The drunk driver will likely face DUI charges in the court that covers the county where the crash occurred: the LA County courts for the LA side of Westlake Village, or Ventura County courts for the Ventura side. Your attorney monitors those proceedings and uses the evidence developed in the criminal case, including blood alcohol results and officer observations, to strengthen your civil damages claim. Whether your civil lawsuit goes to the Chatsworth Courthouse or Ventura County Superior Court depends on the same county line determination that governs the criminal case.

Step Seven: Do Not Talk to the Drunk Driver's Insurance

The at-fault driver's insurer will call you, often quickly. Do not give them any statement until your attorney is engaged. Once you have legal representation, all insurer communications go through your attorney, protecting you from any statement that could be used to reduce your recovery.

What You Can Recover

Victims of drunk driving accidents in Westlake Village can recover all medical expenses through Los Robles Regional Medical Center and other providers, future treatment costs, lost wages, lost earning capacity, pain and suffering, emotional distress, and in appropriate cases punitive damages. Dram shop defendants add another source of recovery if the driver was overserved at a Westlake Village establishment. The total recovery in a serious drunk driving case with punitive damages can be substantially higher than in a standard negligence case.

Contact L&F Brown immediately if you or a family member was hit by a drunk driver in Westlake Village. We handle every aspect of these cases on both sides of the county line. Visit our Westlake Village personal injury page for a free consultation today.