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

Arya Firoozmand, Esq.

Local Sylmar Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. A San Fernando Valley native, he graduated from El Camino Real High School and UCLA Law School and represents injured clients from every part of the Valley, including Sylmar and the northern communities.

When a drunk driver hits you in Sylmar, the driver is liable. That much is clear. But in many DUI accident cases, the driver is not the only party who bears legal responsibility. Depending on the facts, a bar or restaurant that served the driver, the driver's employer, and in some cases other parties may also be liable. Identifying all responsible parties matters because it expands the available insurance coverage and increases your total potential recovery.

The Drunk Driver: Primary Liability

A driver who chooses to get behind the wheel while intoxicated and causes an accident is negligent. But in California, they are more than negligent. Under Civil Code Section 3294, driving while intoxicated constitutes conscious disregard for the safety of others, which opens the door to punitive damages on top of your compensatory damages.

The evidence of the driver's liability in a DUI case is often stronger than in any other type of car accident. LAPD handles DUI arrests on Sylmar city streets like Foothill Blvd, Glenoaks Blvd, and San Fernando Rd. CHP handles DUI arrests on the 210 and I-5 freeways. The arresting agency's report includes the driver's blood alcohol content, field sobriety test results, and observations of impairment. If a criminal DUI charge is filed, those records become available to support your civil case.

The driver's criminal case is separate from your civil claim, but the evidence overlaps significantly. A criminal conviction for DUI is admissible in your civil case and makes proving liability substantially easier.

Dram Shop Liability: The Bar or Restaurant

California Business and Professions Code Section 25602.1 allows you to sue a licensed alcohol retailer that served a visibly intoxicated minor who then caused injury. For adults, the standard is more complex but dram shop liability can still apply in specific circumstances where the establishment served an obviously intoxicated person.

If the driver who hit you was drinking at a bar, restaurant, or other licensed establishment in Sylmar or nearby before the crash, your attorney will investigate whether a dram shop claim is viable. The key evidence includes surveillance footage from the bar showing the driver's condition, credit card and receipt records showing how much and how fast they were served, testimony from bartenders and other patrons, and the driver's BAC at the time of the crash.

Dram shop claims are valuable because they add a second defendant with commercial insurance. Restaurant and bar liability policies often carry higher limits than personal auto policies. This can significantly increase your total recovery, particularly when the drunk driver has limited personal coverage.

Time is critical. Surveillance footage from bars is overwritten quickly. Credit card receipts and transaction records must be preserved. Your attorney will send preservation letters to any establishment where the driver may have been drinking.

Employer Liability

If the drunk driver was on the job when the crash occurred, their employer may be vicariously liable under the doctrine of respondeat superior. This applies when the driver was operating within the scope of their employment. A delivery driver returning from a job site, a sales representative driving between appointments, or a construction worker heading to a project on Foothill Blvd may all fall within this doctrine.

Employer liability is especially valuable because employers typically carry commercial auto insurance with much higher limits than personal policies. If the driver was in a company vehicle, employer liability is even more straightforward to establish.

Social Host Liability

California's social host liability for adults is limited. Generally, a private individual who serves alcohol at a party is not liable when an adult guest drives drunk and causes an accident. However, if the host served a minor who then drove drunk and caused a crash, the host can be held liable. Your attorney will evaluate whether social host liability applies based on the specific facts of your case.

How the Criminal Case Helps Your Civil Case

The DUI criminal prosecution and your civil injury claim are separate proceedings, but they work in your favor. The criminal investigation by LAPD or CHP produces evidence that directly supports your civil case: BAC results, officer observations of impairment, dash camera footage of the arrest, and witness statements. If the driver is convicted or pleads guilty, that conviction is admissible in your civil case as evidence of negligence.

Your civil case is not dependent on a criminal conviction. Even if criminal charges are reduced or dismissed, you can still pursue your civil claim. The standard of proof in a civil case (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).

What Compensation Is Available

When a drunk driver hits you in Sylmar, you can recover medical expenses from Olive View-UCLA Medical Center and all follow-up care, lost wages and earning capacity, pain and suffering, property damage, and punitive damages. When dram shop or employer liability applies, the total available coverage increases and your potential recovery grows accordingly.

Cases filed through the Van Nuys Courthouse West have produced strong results for DUI accident victims when all liable parties are identified and the evidence is properly developed.

Take Action Now

If a drunk driver hit you in Sylmar, contact a Sylmar drunk driver accident lawyer as soon as possible. Your attorney needs to preserve bar surveillance footage, secure the criminal case evidence, and identify all potentially liable parties before evidence is lost.

Punitive Damages in Sylmar Drunk Driving Cases

Unlike standard car accident cases, drunk driving accident claims in Sylmar 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 Foothill Blvd, the 210/I-5 interchange, and San Fernando Rd.

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 Olive View-UCLA Medical Center 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.

L&F Brown handles DUI accident cases throughout Sylmar on contingency. Visit our Sylmar personal injury page or call us today for a free consultation.