Who Is Liable When a Drunk Driver Hits You in Westlake Village?

Curt Brown, Esq. — Founding Partner

Local Westlake Village Injury Attorney · UCLA Law

Curt Brown is a founding partner at L&F Brown. He grew up in Thousand Oaks, just over the hill from Westlake Village, attended Thousand Oaks High School, graduated from UCLA Law School, and has spent his career handling injury cases on both sides of the LA/Ventura County line.

When a drunk driver hits you in Westlake Village, the immediate and obvious target of your legal claim is the driver who made the reckless choice to get behind the wheel while impaired. But California law creates multiple pathways to hold additional parties accountable when their own actions contributed to putting that drunk driver on the road. A comprehensive investigation by an experienced Westlake Village drunk driving accident attorney often reveals these additional defendants, dramatically increasing the total compensation available to you.

The Drunk Driver

The impaired driver is the primary defendant. Their decision to drive while intoxicated is both a criminal act and a civil wrong. In California, driving while intoxicated with a blood alcohol concentration of 0.08 or higher is a per se violation of the standard of care owed to other road users. The driver's auto insurance is the first source of recovery, but most personal auto policies have relatively modest limits compared to the damages serious accidents cause.

Beyond their insurance, the drunk driver is personally liable for all damages their impairment caused. If the driver has personal assets, your attorney can pursue a judgment against them directly for amounts above their coverage. And unlike most negligence cases, drunk driving supports a claim for punitive damages under California Civil Code Section 3294, which awards additional sums designed to punish and deter the conduct. A DUI conviction or guilty plea in the criminal case, which proceeds separately in the county where the crash occurred, is powerful evidence that supports your civil damages claim.

A Bar, Restaurant, or Social Host Under Dram Shop Law

California Business and Professions Code Section 25602.1 creates civil liability for commercial alcohol vendors who serve alcohol to obviously intoxicated persons who then cause injury to third parties. If the drunk driver who hit you was drinking at Stonehaus wine bar, Westlake Village Inn, or any other commercial establishment in Westlake Village before the crash, and the establishment continued to serve them despite obvious signs of intoxication, that establishment shares legal responsibility for your injuries.

Investigating dram shop liability requires gathering evidence of what and how much the driver drank at the establishment, how long they were there, and what their visible condition was at the time of service. Bar receipts, security camera footage, credit card records, and witness testimony from other patrons or staff are all sources of this evidence. Your attorney sends preservation demands immediately to protect records before they disappear.

California's dram shop law applies to commercial establishments, not typically to private social hosts, though social hosts can face liability under separate theories in some circumstances.

An Employer

If the drunk driver was driving as part of their employment duties at the time of the crash, their employer may be liable under respondeat superior for the driver's negligence. Additionally, if an employer knew an employee was impaired and allowed or required them to drive anyway, the employer may have independent liability for negligent entrustment. Company parties or events where employees were served alcohol and then sent to drive are another potential source of employer liability.

Law Enforcement and Which County Applies

CHP investigates drunk driving crashes on US-101 through Westlake Village and has authority to administer field sobriety tests and blood draws. On the LA County portion of Westlake Village streets, LASD Lost Hills Station handles DUI crashes and arrests. On the Ventura side, the Ventura County Sheriff's Office takes over. The county where the crash occurred determines both which law enforcement agency handled the investigation and which county's district attorney prosecutes the criminal DUI case. For your civil case, it also determines the courthouse: Chatsworth Courthouse for LA County incidents and Ventura County Superior Court for Ventura County incidents.

Uninsured and Underinsured Motorist Coverage

If the drunk driver has minimal insurance or no insurance, your own UM/UIM coverage provides an additional layer of protection. Many serious drunk driving accidents result in DUI cases where the driver has inadequate coverage for catastrophic injuries. UM/UIM coverage bridges that gap. An attorney manages this claim alongside any direct claim against the driver and any dram shop defendant.

Contact L&F Brown for a free evaluation if you were injured by a drunk driver anywhere in Westlake Village. We pursue every available liability theory to maximize your total recovery. Visit our Westlake Village personal injury page to learn more about what we can do for you.