Drunk driving accident lawyer in Los Angeles: Former Insurance Defense Attorneys

Your civil claim and the driver's criminal case serve different purposes. We investigate the injury claim without waiting for a prosecutor to finish the DUI case.

(310) 312-1860 Free Consultation

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At a Glance

What it is: a civil claim seeking compensation for injuries an impaired driver caused.
Where we help: we assist people hurt in drunk driving crashes throughout the Los Angeles area.
Why us: David Lederer and John Nojima previously defended insurers and understand how carriers contest DUI injury evidence.
Proof: the firm's Google rating is 4.5 stars from 41 reviews.
Next step: arrange a no-cost consultation about the collision by calling (310) 312-1860.

Quick Answer

You must connect the driver's wrongful conduct to the collision and your injuries, then document the resulting losses. Intoxication evidence can support that case, but it does not resolve every fault or damages issue. Civil Code section 3294 also permits punitive damages when the required proof of malice, oppression or fraud exists. A DUI conviction is not a prerequisite, and punitive damages are not automatic.

Drunk driving accident lawyer in Los Angeles from Lederer & Nojima is for people who suffered injuries because of an impaired motorist and want their civil losses assessed, so you can pursue a claim while the criminal process follows its own schedule.

A police investigation may include field sobriety observations, breath testing or a blood draw. The timing of each observation matters. A witness who saw erratic driving before impact can add information that a later test cannot supply by itself. We seek the available records and compare them with the crash evidence rather than assume that an arrest establishes every part of your claim.

Compensatory damages address your medical expenses and other injury losses. Punitive damages serve a different purpose and require a higher level of proof. We evaluate both without suggesting that a drunk driving allegation guarantees either an award or payment. Insurance coverage and the defendant's ability to pay also matter when assessing a proposed resolution.

Our attorneys bring a former insurance defense perspective to settlement demands and disputed medical evidence. We document treatment and lost work while assessing potential employer involvement or other responsible parties. You can ask about the evidence during a free consultation at our office at 12100 Wilshire Blvd, Suite 480, Los Angeles, CA 90025. We explain the contingency fee agreement before accepting representation.

Former Insurance Defense

David Lederer and John Nojima used to defend insurers. Now they use that knowledge to pressure carriers that try to delay, discount, or deny injury claims.

No Fee Unless We Win

You pay no upfront attorney fee. Our attorney fee comes from the recovery. If we do not recover, there is no attorney fee, and the written agreement explains how case costs are handled.

Free Consultation 24/7

Call any time after an injury. We can protect evidence, deal with insurers, and explain your next move before deadlines pass.

What must you prove in a civil drunk driving accident case?

A settlement before the medical picture is clear

An adjuster may offer payment while you still face follow-up examinations or uncertainty about surgery. Signing a release can limit your ability to seek more compensation, depending on its terms. We review the document and the available medical recommendations before advising you. A pending criminal charge does not require you to accept an early civil settlement.

Blood alcohol timing and observed impairment

A test taken after impact requires context. We examine the test time and available records along with witness observations and the driver's behavior. The defense may contest the relationship between the result and the time of the crash. We address that issue with appropriate evidence instead of treating a single number as a complete reconstruction.

Shared fault and other responsible parties

The driver or insurer may contend that your speed, lane position or response contributed to the crash. We assess those claims against scene photographs and witness accounts. If the driver was working, employment duties and the purpose of the trip may affect employer liability. Ownership of a company car alone does not settle that question.

What does California law say about DUI injury and punitive damages claims?

Vehicle Code section 23152 prohibits driving under the influence. A statutory violation can support a civil negligence claim, but the evidence must still connect the violation to the injury. Civil Code section 3294 requires clear and convincing evidence of malice, oppression or fraud for punitive damages. Drunk driving facts can support conscious disregard for others' safety under the governing standard; neither intoxication nor a criminal conviction guarantees punitive damages. California generally does not permit insurance payment of punitive damages imposed for the insured's own misconduct.

Most personal injury actions have a two-year filing period under Code of Civil Procedure section 335.1, with exceptions that require individual review. Waiting for the criminal case does not suspend your duties by default. Alcohol provider liability is also narrow: Business and Professions Code section 25602 generally limits civil claims against providers, while section 25602.1 addresses a statutory exception involving sales to obviously intoxicated minors. Serving an intoxicated adult does not by itself create the broad dram shop claim some people expect.

What should I do after a collision with a suspected drunk driver?

1
Call for police and medical assistance
Report the collision and describe the conduct you observed, such as slurred speech or an unsteady walk. Do not diagnose the driver's condition or confront them. Let officers investigate and let medical responders assess anyone who needs immediate care. Tell responders if you struck your head.
2
Keep your distance and document safely
Photograph vehicle positions and road conditions if you can remain out of traffic. Record the time and location. Do not search the other car or handle suspected alcohol containers. Officers can examine that evidence through the proper process without exposing you to another confrontation.
3
Locate witnesses to the driving
Ask witnesses for contact information, including anyone who saw the vehicle before impact. A witness's own observations can help distinguish unsafe driving from assumptions made after the arrest. Save dashcam recordings and identify nearby businesses that might hold footage of the approach to the collision.
4
Follow through on treatment
Give providers an accurate account of your symptoms and earlier health conditions. Keep treatment recommendations and work restrictions. If pain, anxiety or sleep problems interfere with recovery, discuss them with the appropriate professional rather than leave them out of the record. Treatment decisions belong with your providers.
5
Preserve criminal case information
Keep the police report number and any notices from the prosecutor or victim services office. Give copies to your civil lawyer. We can assess available criminal investigation materials and follow relevant developments while protecting the separate civil claim timetable. Do not assume a restitution request replaces an injury lawsuit.
6
Review insurance communications before a release
Save offers, forms and requests from insurers. Fulfill applicable reporting obligations and ask counsel about statements or authorizations you do not understand. A release can affect claims beyond the first offer described in a phone call. We review the scope before recommending a response.

What compensation can a drunk driving injury claim include?

Emergency treatment and hospital expenses that relate to the crash, with the bills checked against the medical records.
Future treatment, surgery or rehabilitation when providers support the need and the expected course of care.
Wages lost during recovery and reduced earning capacity when the injury limits your ability to work.
Physical pain and limitations on ordinary activities, including sleep or mobility problems documented during recovery.
Emotional distress, including trauma symptoms that require professional evaluation, based on the effect the collision had on you.
Vehicle damage and other covered property losses, evaluated separately from any claim for punitive damages against the responsible person.
Punitive damages when the facts meet the statutory standard and the evidence supports pursuing that additional remedy.

Frequently Asked Questions

Do I need a DUI conviction before hiring an injury attorney?

No. The civil claim can proceed without a conviction, and its filing deadlines need separate attention. Criminal evidence may still matter as the investigation develops.

Can I sue a bar that served the driver?

California generally restricts alcohol provider civil liability. A statutory exception can apply to qualifying sales to an obviously intoxicated minor, so the person's age and the service facts require review.

Does a company vehicle make the employer responsible?

Employer liability can arise when the driver acted within the scope of employment. We examine the trip's purpose and work duties instead of relying on the vehicle's logo.

Will the insurer pay a punitive damages award?

California generally prohibits insurance coverage for punitive damages based on the insured's own misconduct. We assess compensatory coverage and any personal punitive claim as distinct issues.

What if I also made a driving mistake?

California comparative fault rules can reduce compensation according to your share of responsibility. A mistake does not by itself answer the full claim; the evidence must show how each person's conduct contributed.

Where is the Lederer & Nojima office?

Our office is at 12100 Wilshire Boulevard, Suite 480, Los Angeles, CA 90025. Call (310) 312-1860 to schedule a free consultation, or see our Google Business Profile for directions and reviews.

Legal references

General information, not legal advice. Primary sources for the rules described on this page:

Related Practice Areas

Civil claims after an auto collision When the at-fault driver lacks insurance Injuries involving a rideshare trip

Lederer & Nojima, LLP
12100 Wilshire Boulevard, Suite 480, Los Angeles, CA 90025
(310) 312-1860

Results may vary. Every case is unique. This page is general information, not legal advice.

Call Lederer & Nojima at (310) 312-1860 for a free discussion of your DUI injury claim and the evidence it needs.

Former insurance defense attorneys. No fee unless we win.