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

Arya Firoozmand, Esq.

Local Northridge Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. A Woodland Hills native who attended nearby El Camino Real High School, he graduated from UCLA Law School and has represented injured Northridge residents throughout his career.

When a drunk driver hits you in Northridge, the intoxicated driver is the obvious liable party. But they may not be the only one. Depending on the circumstances, the bar or restaurant that served the driver, the driver's employer, or other parties may also bear legal responsibility. Identifying all liable parties matters because it directly affects how much compensation you can recover and from whom. Here is how liability works in Northridge drunk driving cases.

The Drunk Driver's Personal Liability

The driver who chose to operate a vehicle while intoxicated is the primary liable party. Under California law, operating a vehicle with a blood alcohol concentration of 0.08% or higher, or while impaired by drugs or alcohol to a degree that interferes with the ability to drive safely, is negligence per se. This means the violation of the DUI statute is itself conclusive evidence of negligence. You do not need to prove the driver was careless; you only need to prove they were intoxicated and that their intoxication caused the crash.

LAPD handles DUI enforcement on Northridge streets like Reseda Blvd and Tampa Ave, while CHP handles the 118 Freeway. When officers arrest a driver for DUI, the arrest report, field sobriety test results, and blood alcohol test results all become evidence in your civil case. A criminal DUI conviction, if one follows, is admissible in your civil case as proof that the driver was operating under the influence.

The drunk driver is liable for all compensatory damages, including your medical expenses, lost wages, pain and suffering, and other losses. Because drunk driving involves a conscious disregard for the safety of others, punitive damages may also be available under California Civil Code Section 3294. This makes drunk driving cases worth more than comparable accidents caused by ordinary negligence.

Dram Shop Liability: When Bars and Restaurants Share Responsibility

California's dram shop law, found in Business and Professions Code Section 25602, generally shields bars and restaurants from liability for injuries caused by intoxicated patrons. However, there is a critical exception: California Business and Professions Code Section 25602.1 imposes liability on a business that serves alcohol to a person who is obviously intoxicated and who is under 21 years of age.

For adult patrons, the general rule is that the bar or restaurant is not liable. However, there are circumstances where a dram shop claim may still be viable. If the establishment violated other regulations, such as serving after hours, serving a patron who was so visibly intoxicated that continuing to serve them constituted willful misconduct, or if the establishment actively encouraged excessive consumption through drinking contests or other promotions, additional legal theories may apply.

Northridge has a significant nightlife and restaurant scene, particularly along Reseda Blvd and in the areas surrounding CSUN. If the drunk driver who hit you had been drinking at a local establishment, an attorney should investigate the circumstances of the service to determine whether any claims against the establishment are viable.

Social Host Liability

California Civil Code Section 1714 was interpreted by the California Supreme Court to shield social hosts from liability for serving alcohol to adult guests who then cause drunk driving crashes. The rationale is that the intoxicated person, not the host, is the proximate cause of the crash.

However, like dram shop liability, there is an exception for minors. Under Business and Professions Code Section 25602.1, a social host who furnishes alcohol to a minor who then causes a drunk driving crash may be held liable. Given the proximity of CSUN and the prevalence of off-campus parties in the Northridge area, this exception comes up in local cases with some regularity.

Even when the general social host immunity applies, an attorney may identify other theories of liability. For example, if the host provided a vehicle to a guest they knew was intoxicated, or if the host actively prevented the guest from arranging a sober ride home, additional liability theories may apply.

Employer Liability

If the drunk driver was operating a vehicle in the course and scope of their employment, the employer may be liable under respondeat superior. This arises in cases where the driver was making deliveries on Tampa Ave, driving a company vehicle on the 118 Freeway, or traveling to a work-related event.

The employer's liability extends to all damages caused by the employee's negligence, including punitive damages in some circumstances. If the employer knew or should have known that the employee had a history of alcohol abuse or prior DUI convictions and still allowed them to drive a company vehicle, the employer may face direct liability for negligent entrustment.

Employer liability is significant because employers typically carry larger insurance policies than individual drivers. A claim against the employer may access a commercial liability policy with much higher limits than the driver's personal auto insurance, substantially increasing the potential recovery.

Vehicle Owner Liability

If the drunk driver was operating a vehicle owned by someone else, the vehicle owner may share liability. California Vehicle Code Section 17150 establishes the permissive use doctrine, which makes the owner of a vehicle liable for injuries caused by someone they permitted to drive it. If the owner knew or should have known the driver was intoxicated and still handed over the keys, the owner's liability is even stronger.

This scenario arises in cases where a friend loaned their car to someone they knew had been drinking, where a family member allowed an intoxicated relative to drive, or where a rental car company rented a vehicle to someone who was visibly impaired. Each of these situations creates an additional liable party with potentially separate insurance coverage.

Uninsured and Underinsured Drunk Drivers

A significant challenge in Northridge drunk driving cases is that intoxicated drivers are more likely than average to be uninsured or underinsured. Drivers who make the decision to drive drunk are statistically more likely to also neglect insurance requirements. If the drunk driver who hit you has no insurance or only the California minimum of $30,000 per person, your ability to collect on a judgment may be limited.

In these situations, your own auto insurance policy becomes critical. If you carry uninsured or underinsured motorist coverage, you can make a claim against your own policy for the difference between what the drunk driver's insurance covers and your actual damages. This coverage is optional in California, but it is exactly the type of situation where it provides essential protection.

An attorney can review all available insurance coverage, including the drunk driver's policy, any applicable employer or vehicle owner policies, and your own UM/UIM coverage, to identify the maximum available recovery.

How Comparative Fault Applies in Drunk Driving Cases

California's pure comparative fault system technically applies to drunk driving cases just as it applies to any other negligence case. The drunk driver's insurer may argue that you were partially at fault for speeding, failing to take evasive action, or making a driving error that contributed to the crash.

In practice, comparative fault arguments are less effective in drunk driving cases. Juries have little sympathy for an intoxicated driver who is trying to shift blame to the sober victim. Nevertheless, the insurer will try, and having an attorney who can counter these arguments with evidence is important for maximizing your recovery.

What to Do After a Drunk Driver Hits You in Northridge

Call 911 immediately. Tell the dispatcher you believe the other driver is intoxicated so that officers can conduct field sobriety testing and chemical testing before the driver's BAC drops. LAPD will respond on Northridge streets and CHP will respond on the 118. Cooperate with officers but do not give detailed statements about fault until you have consulted a lawyer.

Get to Northridge Hospital Medical Center at 18300 Roscoe Blvd for a full medical evaluation. Document everything at the scene with photos, and get witness contact information. Do not engage with the drunk driver's insurance company without legal representation.

To understand who is liable in your specific case, contact a Northridge drunk driving accident lawyer for a free consultation.

Our Northridge personal injury team handles drunk driving cases on a contingency fee basis. You pay nothing unless we recover compensation for you. Call us today.