Who Is Liable When a Drunk Driver Hits You in Valley Glen?

Arya Firoozmand, Esq.

Local Valley Glen Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He grew up in Woodland Hills, graduated from El Camino Real High School and UCLA Law School, and has built his practice representing injured clients from communities across the San Fernando Valley.

When a drunk driver crashes into you on Victory Blvd, Oxnard St, Fulton Ave, or any other road in Valley Glen, liability starts with the obvious: the impaired driver. But depending on the circumstances, liability may extend to other parties whose actions contributed to the crash. Each liable party represents a potential source of insurance coverage and compensation. Identifying all of them is one of the most important things your attorney does.

The Drunk Driver: Automatic Liability

Operating a vehicle with a blood alcohol concentration of 0.08% or higher violates California Vehicle Code Section 23152. This violation creates negligence per se, which means the driver is presumed negligent as a matter of law. You do not need to separately prove they were driving carelessly. The act of driving while intoxicated is the negligence.

LAPD investigates drunk driving crashes on Valley Glen surface streets. CHP handles crashes on nearby freeways. The police report will document the driver's intoxication through field sobriety test observations, breathalyzer results, or blood draw results. These findings become powerful evidence in your civil case.

Beyond negligence, the drunk driver's conduct supports punitive damages. Under California Civil Code Section 3294, punitive damages are available when the defendant demonstrated conscious disregard for the safety of others. Choosing to drive drunk meets this standard. Punitive damages go beyond compensating you for your losses and are designed to punish the driver for reckless behavior.

The Employer: When the Drunk Driver Was Working

If the drunk driver was operating a vehicle within the scope of employment, the employer is vicariously liable under respondeat superior. This applies when the driver was making deliveries, traveling between work sites, driving a company vehicle, or running a work-related errand.

Employer liability is significant because commercial insurance policies typically carry much higher limits than personal policies. A personal auto policy in California might carry $15,000 to $100,000 in bodily injury coverage. A commercial policy may carry $1 million or more. When the drunk driver's personal insurance is insufficient, the employer's policy provides a much larger source of recovery.

The employer may also bear direct liability for negligent hiring or retention. If the company hired a driver with a known alcohol problem or prior DUI convictions, or if supervisors were aware the driver consumed alcohol before getting behind the wheel and did nothing to stop them, the company's own negligence contributed to your injuries. Discovery of internal communications, HR records, and hiring files often reveals this kind of corporate negligence.

Alcohol-Serving Establishments

California's dram shop laws are more restrictive than those in many states. Under Business and Professions Code Section 25602, furnishing alcohol is generally not considered the proximate cause of injuries caused by an intoxicated person. This means bars and restaurants are typically not liable for serving alcohol to adults who then drive drunk.

However, exceptions exist. Under Section 25602.1, a business that serves alcohol to an obviously intoxicated minor can be held liable. Social hosts who provide alcohol to minors also face potential liability.

Beyond the statutory framework, there may be additional theories of liability depending on the circumstances. If a Valley Glen bar or restaurant actively encouraged a patron to drink excessively, served someone who was visibly incapacitated, or helped the patron into their vehicle knowing they would drive, there may be grounds for a claim. Your attorney investigates the drunk driver's activities before the crash to determine whether any establishment bears potential responsibility.

The Vehicle Owner

If the drunk driver was using someone else's vehicle, the vehicle owner may share liability. California's permissive use doctrine holds vehicle owners liable for accidents caused by people they allowed to use their car. If the owner knew or should have known the driver was intoxicated before lending the vehicle, the owner's liability is even stronger.

This situation arises more often than people think. A friend lending their car after a party. A family member borrowing a vehicle after drinking. An employee using a company car for personal errands. Each scenario can make the vehicle owner's insurance available to compensate you.

Government Entities

Road conditions may not cause drunk driving, but they can make a drunk driver crash worse. A missing guardrail, inadequate street lighting on Oxnard St, a malfunctioning signal at Fulton Ave, or a blind curve without proper signage can all contribute to the severity of an accident. If a government entity, such as the City of Los Angeles, failed to maintain safe conditions, they may share liability.

Government tort claims must be filed within six months of the accident. Your Valley Glen drunk driver accident attorney evaluates whether road conditions played a role and ensures the claim is filed within the strict deadline.

How Fault Is Allocated

Under California's pure comparative negligence system, fault is divided among all parties who contributed to the crash. In drunk driver cases, the drunk driver typically bears the overwhelming majority of fault. The defense may try to argue that you contributed to the crash by speeding or failing to take evasive action, but juries are generally unreceptive to arguments that shift blame from a drunk driver to their victim.

If multiple parties are liable, such as the drunk driver, their employer, and a bar, each pays their proportional share based on their percentage of fault. This can significantly increase the total available compensation.

Compensation Available

Your damages include medical expenses from treatment at Valley Presbyterian Hospital and all follow-up care, lost wages, future lost earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages add a layer of recovery available specifically because the driver was intoxicated. Cases are filed at Van Nuys Courthouse West.

The Criminal Case Does Not Replace Your Civil Claim

The criminal DUI prosecution and your civil injury case are separate proceedings. The criminal case seeks to punish the drunk driver through fines, jail time, or probation. It does not compensate you for your injuries. Only your civil claim produces the financial recovery you need for medical bills, lost income, and suffering.

Do not wait for the criminal case to conclude before pursuing your civil claim. The two proceed independently, and starting your civil case early preserves evidence and protects your interests.

Contact L&F Brown in Valley Glen for a free consultation. We investigate the crash, identify every liable party, and fight for the maximum compensation the law allows.