When a drunk or drugged driver causes a crash in Aliso Viejo, the people they injure can recover medical bills, lost income, and pain and suffering from that driver, and in some cases punitive damages as well. An Aliso Viejo DUI accident lawyer uses the evidence from the police investigation and the criminal case to prove fault, then presses the insurance company for the full value of your claim while you focus on healing.
Cefali & Cefali represents people injured by impaired drivers across South Orange County. Call (949) 325-7790 for a free consultation. You pay no attorney fee unless we recover compensation for you.
What Happens After a DUI Crash in Aliso Viejo
Aliso Viejo contracts with the Orange County Sheriff's Department for police services, so sheriff's deputies usually investigate crashes on city streets. Crashes on the SR-73 toll road are typically handled by the California Highway Patrol. When an officer suspects impairment, the driver can expect field sobriety tests, a roadside breath test, and a chemical breath or blood test after arrest.
From that point, two separate cases move forward. The state prosecutes the driver, and criminal and traffic matters from Aliso Viejo are heard at the Orange County Superior Court's Harbor Justice Center in Newport Beach. Your claim for money is a different case: an insurance claim and, if needed, a civil lawsuit filed in Orange County Superior Court. You do not have to wait for the criminal case to end before starting yours.
Where Impaired-Driving Crashes Happen in Aliso Viejo
Aliso Viejo's main roads are wide, fast, and built to move traffic between shopping centers, offices, and the freeway. Late-night crashes tend to happen on Aliso Creek Road, Pacific Park Drive, Moulton Parkway, La Paz Road, Alicia Parkway, and Glenwood Drive, and on the SR-73 on and off ramps. At those speeds, a driver who runs a red light, drifts across a lane, or enters a ramp the wrong way leaves other people almost no time to react.
California's Office of Traffic Safety publishes crash rankings that compare alcohol-involved crashes by city, which helps show how often impaired driving causes injuries in communities like ours.
How California DUI Law Helps Prove Your Injury Claim
Under Vehicle Code section 23152, it is illegal to drive under the influence of alcohol or drugs, or with a blood alcohol concentration (BAC) of 0.08% or more. The limit drops to 0.04% for commercial drivers and for drivers carrying paying passengers, including rideshare drivers. Vehicle Code section 23153 makes it a separate crime to cause injury to another person while driving under the influence.
Those statutes matter in your civil case because of a rule called negligence per se. Under Evidence Code section 669, when a driver breaks a safety law and that violation causes the kind of harm the law was meant to prevent, the driver is presumed to have been careless. The defense can try to rebut that presumption, but it puts the burden on them.
How the criminal case ends also affects your claim. A guilty plea can generally be used as evidence against the driver in your civil case. A no contest plea to a misdemeanor generally cannot, under Penal Code section 1016. That is why we build fault from the underlying evidence and not only from the outcome in criminal court. That evidence often includes:
- The police or CHP collision report and the arresting officer's DUI observations
- Breath and blood test results, plus the lab and chain-of-custody records behind them
- Body-worn camera and patrol car video of the stop, field tests, and arrest
- Witness statements, 911 recordings, and nearby business or doorbell video
- Receipts or bar tabs showing where and how much the driver drank
Punitive Damages in Aliso Viejo DUI Cases
Most injury claims pay you back for your losses. Punitive damages go further: they punish the wrongdoer and deter others. Under Civil Code section 3294, you must prove by clear and convincing evidence that the defendant acted with malice, oppression, or fraud.
In Taylor v. Superior Court (1979), the California Supreme Court held that a jury may award punitive damages against a driver who chose to drive while intoxicated, when the facts show a conscious disregard for the safety of others. Prior DUI convictions, a very high BAC, or fleeing the scene make that argument stronger.
California does not allow insurance to pay punitive damages. Any punitive award comes from the driver personally, which can change how the defense approaches settlement.
Compensation Available to DUI Crash Victims
Economic damages cover your measurable losses: emergency care, surgery, therapy, future medical treatment, lost wages, reduced earning capacity, and vehicle damage. Non-economic damages compensate for the physical pain, anxiety behind the wheel, poor sleep, and the parts of daily life the crash took from you. Drunk-driving crashes often cause serious injuries such as a traumatic brain injury, spinal damage, and fractures, so non-economic damages can be a large part of the claim.
If You Were Uninsured When the Drunk Driver Hit You
California's Proposition 213 (Civil Code section 3333.4) usually bars uninsured drivers from recovering pain and suffering. There is an important exception: the bar does not apply if the driver who injured you was convicted of DUI under Vehicle Code section 23152 or 23153 for that crash. If your own insurance had lapsed, you may still have a full claim.
Criminal Restitution and the State Victim Fund
If the driver is convicted, Penal Code section 1202.4 requires the criminal court to order restitution for your economic losses, such as medical bills and lost wages. Restitution does not include pain and suffering, and collecting it can take years. The California Victim Compensation Board lists driving under the influence as a covered crime and can help with certain expenses that insurance does not pay. Neither option replaces a civil claim, but we coordinate all three so nothing is left on the table.
Uninsured, Underinsured, and Rideshare Drivers
Many impaired drivers carry only California's minimum liability coverage of $30,000 per person, which rarely covers a serious injury. Your own uninsured and underinsured motorist coverage can fill that gap. If the impaired driver was working for Uber or Lyft, the company's insurance may apply on top of the driver's own policy. We review every policy that might cover your losses before you accept any offer.
Can You Sue the Bar That Served the Driver?
Usually not. Civil Code section 1714 and Business and Professions Code section 25602 protect bars, restaurants, and social hosts from liability for serving alcohol to an adult who later drives drunk. There are narrow exceptions: a licensed business that sells alcohol to an obviously intoxicated minor, and an adult host who knowingly serves alcohol to someone under 21. If either applies, that party can be added to your claim.
Deadlines for Aliso Viejo DUI Accident Claims
Most California injury claims must be filed within two years of the crash under Code of Civil Procedure section 335.1. That clock keeps running while the criminal case is pending. If a city, county, or state vehicle or a dangerous road condition played a role, you generally have only six months to file a government claim under Government Code section 911.2.
If the driver is convicted of a felony, Code of Civil Procedure section 340.3 may give you until one year after the criminal judgment, if that is later. Do not count on it. Evidence such as video footage is often erased within weeks, so the sooner we start, the better.
What to Do After a DUI Accident in Aliso Viejo
- Call 911 and tell the dispatcher and officers if you think the other driver is impaired, so a DUI investigation starts at the scene.
- Get medical care right away. Providence Mission Hospital in Mission Viejo is the trauma center for South Orange County, and some injuries, like concussions, do not show up for hours.
- Photograph the vehicles, the road, and your injuries, and get names and phone numbers from witnesses.
- Write down what you saw: slurred speech, the smell of alcohol, open containers, or an attempt to leave.
- Get the report number and the name of the investigating agency.
- Do not give the other driver's insurer a recorded statement or post about the crash online.
- Do not accept a quick settlement offer before you know the full extent of your injuries.
How Our Aliso Viejo DUI Accident Lawyer Builds Your Case
We send preservation letters for body camera, dashcam, and business video, request the chemical test records, and follow the criminal case so we can use what it produces. We document your medical care and lost income, identify every insurance policy that applies, and calculate what your claim is worth before we negotiate. If the insurance company will not pay a fair amount, we file suit and prepare the case for trial.
You should not have to chase an insurance adjuster or a criminal court calendar while you recover. We handle both and keep you informed at every step. If your crash did not involve impairment, our Aliso Viejo car accident lawyer page covers standard collision claims, and our Aliso Viejo pedestrian accident attorney page covers people hit while walking.
Frequently Asked Questions About Aliso Viejo DUI Accidents
How much does it cost to hire an Aliso Viejo DUI accident lawyer? We work on a contingency fee. The consultation is free, you pay nothing upfront, and you pay no attorney fee unless we recover compensation for you.
Do I have to wait for the drunk driver's criminal case to finish? No. Your injury claim is separate, and you can start it right away. The two-year filing deadline keeps running while the criminal case is pending, so waiting can hurt your claim.
Can I get punitive damages from a drunk driver? Possibly. California courts allow punitive damages when the evidence clearly shows the driver chose to drive impaired with conscious disregard for others' safety. Insurance cannot pay them, so they come from the driver personally.
Will the criminal court pay my medical bills? If the driver is convicted, the court must order restitution for economic losses like medical bills and lost wages. Restitution does not cover pain and suffering and can be slow to collect, so you still need an insurance or civil claim for full compensation.
What if the drunk driver had no insurance? Your own uninsured motorist coverage may pay your claim, and the California Victim Compensation Board may cover some expenses. If you were uninsured yourself, Proposition 213 does not bar your pain and suffering claim when the driver is convicted of DUI for the crash.
Can I sue the bar or restaurant that served the driver? Usually not. California law protects businesses and hosts that serve alcohol to adults. The main exceptions involve serving an obviously intoxicated minor or knowingly serving someone under 21.
How long does a DUI accident claim take? It depends on your injuries, how long treatment lasts, and how the insurer responds. Some claims settle in months, while others take longer if an injury lawsuit is needed.
Talk to an Aliso Viejo DUI Accident Lawyer
If an impaired driver injured you or someone you love in Aliso Viejo, you do not have to take on the insurance company alone. Cefali & Cefali serves Aliso Viejo from our office at 27136 Paseo Espada, Suite 1123, San Juan Capistrano, and can meet by phone, video, or in person.
Call (949) 325-7790 or contact us online for a free consultation. For other injury claims, see our Aliso Viejo personal injury lawyer page.
