Who Is Liable When a Drunk Driver Hits You in Lake Balboa?

Arya Firoozmand, Esq.

Local Lake Balboa Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. A Woodland Hills native, he graduated from El Camino Real High School and UCLA Law School and knows the Lake Balboa community from years of personal and professional experience.

When a drunk driver crashes into you in Lake Balboa, the driver who chose to drink and get behind the wheel is the most obvious liable party. But liability in a drunk driving accident can extend beyond the impaired driver. Depending on the circumstances, bars, restaurants, social hosts, employers, and even vehicle owners may share responsibility for your injuries. Identifying all liable parties maximizes the total compensation available to you.

The Drunk Driver's Liability

The drunk driver bears primary liability for your injuries. Driving under the influence of alcohol is negligence per se in California, meaning the act of driving while intoxicated automatically establishes that the driver was negligent. You do not need to prove anything beyond the fact that the driver was impaired and that their impairment caused the accident.

The drunk driver's liability encompasses all compensatory damages, including medical expenses from treatment at Valley Presbyterian Hospital, lost wages, pain and suffering, and emotional distress. Because driving drunk is a conscious decision to endanger others, the driver may also face punitive damages designed to punish their reckless behavior.

Dram Shop Liability: Bars and Restaurants

California's approach to dram shop liability has evolved over the years. While California Business and Professions Code Section 25602 generally provides immunity to bars and restaurants for injuries caused by intoxicated patrons, there are important exceptions:

• Serving a minor: If a bar or restaurant in Lake Balboa served alcohol to a person under 21 who then caused a drunk driving accident, the establishment can be held liable under Business and Professions Code Section 25602.1
• Serving a visibly intoxicated person: While the general immunity statute protects establishments in most cases, there are legal theories and evolving case law that may allow claims against bars that continued serving obviously intoxicated individuals

If the drunk driver who hit you on Victory Blvd, Balboa Blvd, or Burbank Blvd had been drinking at a local establishment, your attorney will investigate whether any viable claim exists against that business.

Social Host Liability

If the drunk driver was consuming alcohol at a private gathering in Lake Balboa before the accident, the host of the party may face limited liability. California's social host liability is generally narrow, but hosts who provide alcohol to minors can be held responsible for resulting injuries.

If an adult host served alcohol to an obviously intoxicated person and then allowed them to drive, there may be arguments for liability depending on the specific facts. Your attorney will investigate the circumstances surrounding the driver's alcohol consumption.

Employer Liability

If the drunk driver was working at the time of the accident, their employer may be vicariously liable. This can apply in several scenarios:

• A delivery driver who was drinking on the job
• An employee who became intoxicated at a company-sponsored event and then drove
• An employer who knew the employee had a drinking problem and still allowed them to drive a company vehicle

Employer liability is particularly valuable because employers typically carry much higher insurance limits than individual drivers, providing a larger pool of compensation.

Vehicle Owner Liability

If the drunk driver was driving someone else's vehicle, the vehicle owner may share liability under certain circumstances. California's permissive use doctrine can make a vehicle owner liable for allowing an intoxicated person to use their car. If the owner knew or should have known the person was drunk when they handed over the keys, the owner can be held responsible.

Your Own Insurance Coverage

Drunk drivers are more likely than sober drivers to be uninsured or underinsured. If the drunk driver who hit you has insufficient coverage to fully compensate your injuries, your own uninsured/underinsured motorist (UM/UIM) coverage can fill the gap. A Lake Balboa drunk driver accident attorney will review your policy and identify all available coverage.

The Criminal Case and Civil Liability

The drunk driver will face criminal DUI charges, which are handled separately from your civil injury claim. The criminal case is prosecuted by the Los Angeles County District Attorney, and if the driver is convicted, the conviction can be used as evidence in your civil case.

However, you do not need to wait for the criminal case to resolve before pursuing your civil claim. The two cases proceed independently, and your attorney can begin investigating and building your case immediately.

Evidence That Proves Liability

Critical evidence in a drunk driving liability case includes:

• LAPD or CHP arrest records and blood alcohol test results
• Breathalyzer or blood test evidence
• Bar or restaurant receipts showing alcohol purchases
• Surveillance footage from establishments where the driver was drinking
• Witness testimony from people who saw the driver drinking
• The driver's cell phone records and social media posts
• The driver's prior DUI history

Filing Your Case at Van Nuys Courthouse West

Drunk driving cases in Lake Balboa are filed at Van Nuys Courthouse West. Our attorneys are experienced in presenting these cases to juries, including the punitive damages component that requires clear and convincing evidence of the driver's conscious disregard for safety.

Contact L&F Brown for a Free Consultation

Punitive Damages in Lake Balboa Drunk Driving Cases

Unlike standard car accident cases, drunk driving accident claims in Lake Balboa may qualify for punitive damages under California Civil Code Section 3294. Punitive damages are designed to punish the defendant for particularly egregious conduct and deter similar behavior. Driving while intoxicated, especially with a high blood alcohol concentration or a history of prior DUI offenses, can meet the standard of "malice, fraud, or oppression" required for punitive damages.

Punitive damages are not subject to the same caps that apply in other states. In California, the amount is determined by the jury based on the severity of the defendant's conduct, the harm caused to the victim, and the defendant's financial resources. Awards can be substantial, particularly when the drunk driver has a prior DUI history or an extremely high BAC at the time of the crash on Balboa Blvd, Victory Blvd, Vanowen St, and Haskell Ave.

Your attorney builds the punitive damages case by obtaining the defendant's criminal history, blood alcohol test results, prior DUI convictions, and any evidence of prior alcohol-related incidents. If the defendant was served alcohol at a bar or restaurant while visibly intoxicated, a claim against the establishment under California's dram shop law (Business and Professions Code Section 25602) may also be available, providing an additional source of recovery.

Criminal proceedings against the drunk driver are handled separately from your civil claim. A DUI conviction or guilty plea can be used as evidence in your civil case, but you do not have to wait for the criminal case to conclude before pursuing compensation. Medical treatment at Valley Presbyterian Hospital and ongoing care costs form the foundation of your damages claim. If your case goes to litigation, it is heard at Van Nuys Courthouse West.

If a drunk driver hit you in Lake Balboa, L&F Brown will identify every liable party and pursue maximum compensation, including punitive damages. We offer free consultations and work on a contingency fee basis. Visit our Lake Balboa page or call us today.