Who Is Liable When a Drunk Driver Hits You in Agoura Hills?

Curt Brown, Esq. — Founding Partner

Local Agoura Hills Injury Attorney · UCLA Law

Curt Brown is a founding partner at L&F Brown. He grew up in Thousand Oaks, just east of Agoura Hills along the 101, attended Thousand Oaks High School, graduated from UCLA Law School, and has spent his career representing injured residents throughout the Conejo Valley.

When a drunk driver causes a crash in Agoura Hills, whether on US-101, Kanan Road, Agoura Road, or a neighborhood street, the intoxicated driver is clearly liable. But in many cases, additional parties share responsibility, and identifying them is important to maximizing the total compensation available to you.

The Drunk Driver

The drunk driver is the primary liable party. By choosing to drive while impaired, the driver acted with negligence, or in cases of high blood alcohol content or repeat offenders, with conscious disregard for the safety of others. This can support a punitive damages claim on top of your compensatory damages. The driver's auto liability insurance is the first source of recovery, though California's minimum coverage limits are often far too low for serious crash injuries.

If the CHP investigated a crash on US-101 or the LASD Lost Hills Station handled a surface road crash in Agoura Hills, their reports, field sobriety test results, and blood alcohol content readings are all critical evidence in your civil claim.

The Bar or Restaurant: Dram Shop Liability

California Business and Professions Code Section 25602.1 creates limited liability for commercial establishments that sell alcohol to obviously intoxicated minors or to obviously intoxicated adults who then cause injury. If the drunk driver was served at a bar or restaurant in Agoura Hills before the crash, and the establishment continued serving them despite visible signs of intoxication, that establishment can be liable for resulting injuries.

Restaurants and bars along the Agoura Road corridor, near Whizin's Market Square, and at other commercial venues in the area are all potential dram shop defendants. Investigation must occur quickly to gather receipts, surveillance footage, and server statements before this evidence disappears.

The Drunk Driver's Employer

If the drunk driver was operating a vehicle in the scope of their employment when the crash occurred, their employer may also be vicariously liable. While it is less common for an employer to be liable when a driver was personally intoxicated, there are scenarios where this applies, such as a commercial driver who was drinking on the job or an employer who failed to enforce drug and alcohol policies.

The Vehicle Owner

If someone other than the drunk driver owned the vehicle being driven at the time of the crash, the vehicle owner may be liable under California's permissive use doctrine, which holds vehicle owners responsible for injuries caused by people they permitted to drive their car. If the owner knew or should have known the driver was intoxicated at the time they gave permission, their liability is even stronger.

Stacking All Available Recovery

Your attorney will pursue all responsible parties simultaneously to maximize your total recovery. In cases where the drunk driver has minimal insurance, dram shop, employer, and vehicle owner claims become especially important to accessing full compensation.

If you received emergency care at Los Robles Regional Medical Center in Thousand Oaks after the crash, those records will document the extent of your injuries and anchor your damages claim. Cases are handled in LA County through the Chatsworth Courthouse.

Work with an experienced drunk driver accident lawyer in Agoura Hills to identify and pursue every liable party. Visit our Agoura Hills personal injury page to contact L&F Brown for a free consultation.