Who Is Liable When a Drunk Driver Hits You in West Hills?

Arya Firoozmand, Esq.

Local West Hills Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He grew up directly adjacent to West Hills, attended El Camino Real High School, graduated from UCLA Law School, and built his practice serving the community he's from.

When a drunk driver hits you in West Hills, the driver is obviously liable. But liability in a DUI crash can extend beyond the person behind the wheel. Depending on the circumstances, an employer, a bar or restaurant, a social host, or your own insurance company may also owe you compensation. Understanding the full picture of who is responsible helps you recover the maximum amount available under California law.

The Drunk Driver: Primary Liability

The drunk driver who hit you is the primary defendant in your case. Driving under the influence is negligence per se in California, meaning the act of driving drunk is itself proof of negligence. You do not need to independently prove that the driver failed to exercise reasonable care. The fact that they were intoxicated and caused a crash establishes liability.

This applies whether the crash happened on the 101 Freeway through West Hills, on Victory Blvd, on Platt Ave, on Fallbrook Ave, or on any residential street in the community. If the driver was arrested for DUI by LAPD Topanga Division on a surface street or by CHP on the 101, the arrest documentation, chemical test results, and any criminal conviction become evidence you can use in your civil injury claim.

The driver's auto liability insurance is your first source of compensation. California requires minimum liability coverage of $15,000 per person and $30,000 per occurrence for bodily injury, though many policies carry higher limits. Your attorney will demand policy limit information early in the process.

Employer Liability: When the Driver Was Working

If the drunk driver was operating a vehicle in the course of employment, their employer may be liable under the doctrine of respondeat superior. This comes up more often than people realize. A delivery driver who had drinks at lunch and then caused a crash on Fallbrook Ave. A sales representative who was drinking at a client dinner and then hit someone on Victory Blvd. A construction worker who left a job site after consuming alcohol and caused a collision on the way to the next site.

Under respondeat superior, an employer is liable for the negligent acts of employees committed within the scope of employment. If the drunk driver was performing work duties or traveling between work locations when the crash occurred, the employer's commercial liability insurance becomes an additional source of compensation, often with significantly higher policy limits than the driver's personal auto insurance.

Even if the employer argues the drinking was outside the scope of employment, California courts apply broad interpretations of what constitutes employment-related activity. An attorney will investigate the driver's employment status and the circumstances surrounding the crash to determine whether employer liability exists.

Bar and Restaurant Liability in California

In many states, bars and restaurants that serve alcohol to a visibly intoxicated patron can be held liable if that patron causes a drunk driving crash. California's approach is more limited. Under California Business and Professions Code Section 25602, the furnishing of alcohol is generally not the proximate cause of injuries resulting from intoxication. This means California bars and restaurants are largely shielded from dram shop liability.

However, there is an important exception. Under Business and Professions Code Section 25602.1, a person who sells or furnishes alcohol to an obviously intoxicated minor is liable for injuries caused by that minor's intoxication. If the drunk driver who hit you in West Hills was under 21 and was served alcohol at a bar, restaurant, or licensed establishment, that establishment can be held liable for your injuries.

Your attorney will investigate where the drunk driver was drinking before the crash. If the driver was underage and served at a local establishment, this creates a significant additional source of liability and insurance coverage for your claim.

Social Host Liability

West Hills is a residential community, and many DUI crashes originate from private gatherings, house parties, backyard barbecues, and neighborhood events where alcohol is served. California's social host liability follows a similar framework to commercial establishments: under Section 25602, providing alcohol to an adult guest generally does not create civil liability.

The exception again involves minors. If a social host knowingly furnishes alcohol to a minor (under 21) who then causes a drunk driving crash in West Hills, the host can be held liable. This applies to parents who allow underage drinking at their home, hosts who do not verify ages at parties, and anyone who provides alcohol to a person they know or should know is under 21.

Your Own Insurance: UM/UIM Coverage

If the drunk driver's insurance limits are insufficient to cover your damages, your own auto insurance policy may provide critical additional coverage. Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver's policy limits are too low to cover your actual damages.

In serious DUI crashes in West Hills, where medical bills from West Hills Hospital and Medical Center, surgery, rehabilitation, and ongoing care can exceed six figures, the drunk driver's minimum policy limits are often grossly inadequate. Your UM/UIM coverage bridges that gap. This is one of the most important and overlooked sources of compensation in DUI cases.

Your attorney will identify all available coverage early, including your own UM/UIM limits, to ensure every source of compensation is pursued.

The Criminal Case and Your Civil Claim

The criminal DUI prosecution and your civil injury case are separate proceedings. The District Attorney pursues the criminal case. You, with your attorney, pursue the civil case. They run on different timelines and serve different purposes.

However, developments in the criminal case directly benefit your civil claim. If the driver is convicted of DUI, that conviction can be introduced as evidence of negligence in your civil case. The chemical test results, field sobriety test documentation, and the arresting officer's observations from either LAPD Topanga Division or CHP all become evidence in your injury claim.

You do not need to wait for the criminal case to conclude before pursuing your civil claim. In fact, waiting risks running up against California's two-year statute of limitations. An experienced attorney coordinates the timing of your civil case to take advantage of criminal case developments without sacrificing your claim timeline.

Punitive Damages Against the Driver

In addition to compensatory damages, California Civil Code Section 3294 allows punitive damages in DUI cases. Punitive damages punish the defendant for conduct that was in conscious disregard of others' safety. Choosing to drive drunk qualifies under California law.

Punitive damages are not covered by auto insurance and must be collected from the driver personally. Their value depends on the driver's personal financial situation. Your attorney will investigate the driver's assets early to determine whether punitive damages represent collectible money in your case.

Building the Full Liability Picture

Maximizing your recovery after a drunk driving crash in West Hills means identifying every liable party and every source of insurance coverage. The driver's personal auto insurance. An employer's commercial liability policy if the driver was working. A bar's liquor liability insurance if the driver was an underage patron served alcohol. Your own UM/UIM coverage. The driver's personal assets for punitive damages.

Our West Hills drunk driver accident lawyers investigate all of these avenues from the start. If you were hit by an impaired driver on the 101, Victory Blvd, Platt Ave, Fallbrook Ave, or anywhere in West Hills, contact our West Hills personal injury team for a free consultation. We work on contingency, no fees unless we recover for you.