Hit by a Drunk Driver in San Diego? Here’s What You Need to Know

drunk driving accident lawyer San Diego

You did everything right. But someone else didn’t—and now you’re left dealing with the aftermath of a drunk driving accident.

If you were injured by a drunk driver in San Diego, you’re not just facing pain and frustration—you’re facing medical bills, lost time at work, and serious questions about your future. At DP Injury Attorneys, we know this isn’t just a case. It’s your life.

This guide breaks down exactly what you need to know—and do—after a drunk driving accident in San Diego, including your legal rights, what compensation may be available, and how we fight to hold drunk drivers accountable.

Drunk Driving Accidents in San Diego: A Persistent Problem

San Diego is known for sunshine, beaches, and nightlife—but it also sees a steady number of alcohol-related crashes every year.

According to the California Office of Traffic Safety:

Drunk driving isn’t just reckless—it’s illegal. And when someone gets behind the wheel impaired, they put everyone else in harm’s way. If you’ve been affected by that kind of decision, you have every right to seek accountability and justice.

What to Do After a Drunk Driving Accident in San Diego

Whether it happened on the 805, in Gaslamp, or near your neighborhood, here’s what to do next if you’ve been hit by a drunk driver:

1. Call 911 Immediately

Reporting the crash to law enforcement is crucial. This creates a police report and helps document the other driver’s impairment.

2. Seek Medical Attention

Even if you don’t feel hurt right away, get checked out. Injuries like whiplash, concussions, or internal damage may not show symptoms immediately.

3. Document Everything

Take photos of your vehicle, the scene, and your injuries. Keep records of:

  • Medical visits
  • Prescriptions
  • Lost wages
  • Insurance communications

4. Don’t Talk to the Other Driver’s Insurance Company Alone

They’re not on your side. Anything you say could be used to minimize or deny your claim.

5. Contact a San Diego Drunk Driving Accident Attorney

Working with a lawyer who knows San Diego courts, local laws, and DUI injury cases can make all the difference.

Can I Sue a Drunk Driver for Injuries in San Diego?

Yes. If you were injured in a drunk driving accident in San Diego, you can file a personal injury claim against the driver.

A civil lawsuit is separate from the criminal DUI charges the state may file. In your lawsuit, you can seek compensation for damages, including:

  • Medical expenses (past and future)
  • Lost wages or reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage
  • Punitive damages (in some cases)

At DP Injury Attorneys, we pursue maximum compensation—not just what the insurance company offers.

Why Drunk Driving Injury Claims Are Different

Not all car accidents are created equal. Cases involving drunk driving have key legal differences that affect how we build your case.

1. Clear Negligence

Driving under the influence is a criminal offense. This often strengthens your civil case because the driver’s reckless behavior is already documented.

2. Possibility of Punitive Damages

Punitive damages are designed to punish extreme misconduct. Drunk driving can qualify, depending on the facts.

3. Third-Party Liability

Bars, restaurants, or even employers could share liability under California’s “dram shop” or vicarious liability laws in limited situations.

An experienced San Diego drunk driving accident lawyer can investigate every angle to see who may be legally responsible.

What If the Drunk Driver Wasn’t Convicted?

You can still win your personal injury case.

Civil cases require a lower burden of proof than criminal ones. Even if the driver avoids jail time or pleads to a lesser offense, you can still prove they were negligent and caused your injuries.

Our team gathers:

  • Police reports
  • BAC test results
  • Eyewitness statements
  • Surveillance footage
  • Medical records

We use this evidence to build a strong case—even if prosecutors don’t.

What If the Drunk Driver Was Uninsured or Underinsured?

Unfortunately, many DUI drivers have limited or no insurance. But you still have options:

  • Uninsured/Underinsured Motorist (UM/UIM) Coverage: If you have this on your auto policy, it may cover your medical bills, lost wages, and more.
  • Victim Compensation Programs: California offers limited financial assistance to victims of violent crime, including DUI crashes.
  • Personal Injury Lawsuits: We can pursue a civil judgment against the driver or other liable parties.

DP Injury Attorneys helps you understand every possible source of recovery.

How Long Do I Have to File a Drunk Driving Injury Lawsuit in California?

In most cases, you have two years from the date of the accident to file a personal injury claim. If a government vehicle was involved or you’re suing a public entity, deadlines can be shorter.

Don’t wait. Evidence disappears, memories fade, and filing too late can block your right to compensation.

Why Choose DP Injury Attorneys?

We’re not a billboard firm. We don’t run a legal mill. We take a client-first approach—and it shows in how we handle cases and how we treat people.

Here’s what you get when you work with us:

  • Direct access to your attorney—not a case manager or assistant
  • Aggressive representation focused on results
  • Clear communication every step of the way
  • Experience with San Diego courts, judges, and insurance defense lawyers
  • No fee unless we win

We fight like it’s personal—because for you, it is.

Talk to a San Diego Drunk Driving Accident Lawyer Today

If you or someone you love was hurt by a drunk driver, don’t navigate this alone. Let our team step in, protect your rights, and help you move forward with strength.

Contact us today for your FREE consultation.

Your recovery starts with the right legal team. We’re ready when you are.

Author Bio

Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.

Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.

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