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

Arya Firoozmand, Esq.

Local Toluca Lake Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He grew up in the San Fernando Valley, graduated from El Camino Real High School and UCLA Law School, and has represented injured clients across the Valley including the Toluca Lake community.

When a drunk driver hits you in Toluca Lake, the first liable party is obvious: the impaired driver. But liability does not always stop there. Depending on the circumstances, other parties may share responsibility for your injuries, and identifying every liable party directly affects how much compensation is available to you.

The Drunk Driver: Negligence Per Se

A driver operating a vehicle while intoxicated is negligent per se under California law. This means the violation of the DUI statute automatically establishes that the driver was negligent. You do not need to prove that the driver was unreasonable or careless in some subjective sense. The fact that they were driving under the influence is, by itself, sufficient to establish liability.

This applies whether the drunk driver crashed into you on Riverside Drive, sideswiped you on Cahuenga Blvd, rear-ended you at a red light, or caused a freeway collision near the 134/101 interchange. The DUI establishes fault. Your attorney then focuses on proving the extent of your damages rather than fighting over who caused the crash.

Evidence of intoxication includes the arresting officer's observations, field sobriety test results, breathalyzer or blood test results showing a BAC of 0.08% or higher, dashcam or body camera footage from the traffic stop, and any statements the driver made at the scene. LAPD handles DUI arrests on Toluca Lake city streets, while CHP handles DUI enforcement on the 134 and 101 freeways.

The Drunk Driver's Employer

If the drunk driver was working at the time of the crash, their employer may be vicariously liable. This is particularly relevant in Toluca Lake given the commercial activity associated with the nearby Warner Bros lot and surrounding businesses. A delivery driver, a driver running a work errand, or a commercial vehicle operator who was drinking on the job or during a break creates employer liability.

The employer can also be directly liable if they knew or should have known the driver had a history of alcohol problems and still allowed them to drive. Negligent hiring and negligent entrustment are independent claims against the employer that do not depend on vicarious liability.

Bars and Restaurants: Dram Shop Liability

California's dram shop laws are more limited than in many states, but there are two situations where an establishment that served alcohol can be held liable:

Serving a visibly intoxicated minor. If a bar, restaurant, or liquor store in Toluca Lake served alcohol to someone under 21 who was visibly intoxicated, and that person then drove drunk and hit you, the establishment is liable under California Business and Professions Code 25602.1.

Serving a visibly intoxicated adult. California generally does not hold establishments liable for serving intoxicated adults, based on the legal theory that the adult drinker, not the server, is responsible for the decision to drive. However, case law has created limited exceptions, and your attorney evaluates whether the specific facts of your case support a claim against the establishment.

The Toluca Lake village area along Riverside Drive has restaurants and bars, including spots like Forman's Tavern, where people drink before driving. If the drunk driver who hit you was served at one of these establishments, your attorney investigates the circumstances of service, including whether the staff observed visible intoxication and continued serving.

Social Host Liability

If the drunk driver was drinking at a private party or gathering before driving, the host may have liability in limited circumstances. California generally does not hold social hosts liable for serving alcohol to adult guests. However, if the host served alcohol to a minor (under 21) or knowingly allowed an obviously intoxicated guest to drive, there may be a basis for a claim.

Vehicle Owner Liability

If the drunk driver was operating someone else's vehicle, the vehicle owner may share liability under the theory of negligent entrustment. If the owner knew the driver was intoxicated, had a history of DUI, or was an unlicensed driver, and still allowed them to use the vehicle, the owner's negligence contributed to the crash.

How Multiple Liable Parties Increase Your Recovery

Each liable party has its own insurance coverage. The drunk driver's personal auto policy may carry California's minimum $15,000 in bodily injury coverage, which is far below the value of most drunk driving injury cases. But if an employer is liable, their commercial policy likely carries much higher limits. If a bar or restaurant is liable, their commercial general liability policy adds another coverage source.

Your Toluca Lake drunk driver accident attorney identifies every liable party and every insurance policy available, maximizing the total pool of compensation.

The Relationship Between the Criminal and Civil Cases

The drunk driver faces criminal DUI charges through the Van Nuys Courthouse West system. Your civil injury claim is a separate proceeding, but the criminal case provides valuable evidence:

• A guilty plea or conviction can be used as evidence of negligence in your civil case.
• Police reports, BAC results, and officer testimony from the criminal case are discoverable in the civil case.
• Restitution ordered in the criminal case is separate from and does not offset your civil damages.

Your attorney monitors the criminal proceedings and coordinates the civil claim timeline to take advantage of criminal case developments.

Protecting Your Claim After Being Hit by a Drunk Driver

Take these steps immediately:

• Get medical treatment. Go to Providence Saint Joseph Medical Center in Burbank or call an ambulance from the scene. Document your injuries from day one.
• File a police report. Make sure the DUI arrest and crash are documented in the official report.
• Do not speak to the drunk driver's insurance company. Their adjuster will call. Do not provide a recorded statement or accept any offer without consulting an attorney.
• Contact an attorney. An attorney who handles drunk driving accident cases can identify all liable parties, preserve evidence, and protect your right to punitive damages.

L&F Brown represents drunk driving accident victims throughout Toluca Lake. Contact us for a free consultation, or visit our Toluca Lake personal injury page to learn more. No upfront costs. Contingency fee only.