Who Is Liable When a Drunk Driver Hits You in Calabasas?

Arya Firoozmand, Esq. — Founding Partner

Local Calabasas Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He grew up in Woodland Hills — minutes from Calabasas — graduated from El Camino Real High School and UCLA Law School, and has spent his career representing injured clients across the West Valley.

When a drunk driver hits you in Calabasas - whether on the 101, on Las Virgenes Road, or anywhere in the city - the liability picture starts with the driver and can extend to other parties depending on the circumstances. Here's how liability works in California drunk driving injury cases.

The Drunk Driver's Direct Liability

The driver who chose to operate a vehicle while impaired is personally liable for the consequences. Under California's negligence per se doctrine, a driver who violates a statute and causes injury is presumed negligent. Driving with a blood alcohol content above 0.08% is a statutory violation. That violation, combined with the resulting crash and your injuries, establishes the driver's liability without requiring extensive additional proof of unreasonable behavior.

The LASD Lost Hills Station arrest report, the blood alcohol test results, any DUI conviction - all of this evidence supports the liability case in your civil claim. The criminal case and the civil case run separately, but the criminal documentation is powerful evidence in the civil proceeding.

The Driver's Auto Insurance

The drunk driver's liability insurance is the first coverage source for your damages. California requires minimum coverage of $15,000 per person - which is often inadequate for serious injuries. Many drivers carry higher limits, and commercial drivers or drivers with personal umbrella policies may have significantly more coverage available. Determining what coverage is available is one of the first steps in a drunk driving injury case.

Employer Liability in Some DUI Cases

If the drunk driver was driving for work purposes at the time of the crash, the employer may share liability under respondeat superior. A salesperson who got drunk at a client lunch and crashed on the way back to the office. An employee driving a company vehicle. An employer who sponsored a party where alcohol was served and permitted employees to drive home.

The "coming and going" rule generally limits employer liability to situations where the employee was actually performing work duties, not just commuting. But the line between work activity and personal activity can be fact-specific, and some cases are closer than they initially appear.

California's Dram Shop Law Is Limited

In many states, bars and restaurants that serve intoxicated patrons bear civil liability for injuries those patrons cause. California's law is substantially more restrictive. California Business and Professions Code Section 25602 largely shields commercial alcohol vendors from civil liability for third-party injuries caused by adult patrons they served.

The exception is service to minors - a vendor who serves alcohol to a visibly intoxicated minor can be held liable for injuries the minor causes while driving. For adult drunk drivers in Calabasas, commercial vendor liability is generally not available.

Social Host Liability

California also has a social host immunity statute (Business and Professions Code Section 25602) that generally protects private individuals who serve alcohol at social events from liability for injuries caused by their intoxicated guests who drive. The minor exception applies here as well - serving alcohol to an underage guest creates social host liability.

Your Own Uninsured Motorist Coverage

If the drunk driver lacks insurance or carries insufficient coverage for your injuries, your own UM/UIM coverage applies. California UM coverage covers compensatory damages - medical bills, lost wages, pain and suffering - up to your policy limits. It does not typically cover punitive damages, so the punitive damages analysis focuses on the driver's personal assets.

For a complete assessment of who's liable in your specific Calabasas drunk driver accident and what coverage is available, a Calabasas drunk driver accident lawyer can evaluate the full picture. Our Calabasas personal injury attorneys work on contingency. Free consultation - call today.