Are Drunk Drivers Always Liable for Car Accidents in California?

 Posted on July 20, 2026 in Bicycle Accidents

Drunk drivers bear liability in many of the accidents they are involved in. However, they are not automatically liable for every accident. Other people may also have acted in ways that contributed to an accident and so bear some liability.

If you or someone you love was hit by a drunk driver in 2026, a Riverside, CA car accident attorney can assess your situation and help you understand what compensation may be available.

Are Drunk Drivers Automatically at Fault for Accidents Under California Law?

Driving under the influence violates California Vehicle Code § 23152. If that violation caused an accident and resulting injuries, it may create a rebuttable presumption of negligence under California’s negligence per se rule. This can help an injured plaintiff establish that the driver failed to exercise reasonable care, although the plaintiff must still prove causation and damages. 

This can make it easier for an injured plaintiff to establish negligence in a civil case. Evidence such as chemical-test results, police observations, witness statements, and a related guilty plea or conviction may help establish that the driver was intoxicated. However, a DUI arrest by itself does not prove civil liability. If the accident would have happened regardless of the other driver's intoxication, the question of liability becomes more complicated.

How Does California's Comparative Fault Law Affect a Drunk Driving Claim?

California follows a system called "pure comparative fault." Under this rule, each party to an accident is assigned a percentage of fault. Damages are reduced accordingly. A plaintiff found to be 20 percent at fault receives 80 percent of their possible damages.

Unlike some other states, California does not bar a plaintiff from recovering if they were partially responsible for the crash. Even a plaintiff found to be more than 50 percent at fault can still recover some compensation.

Practically speaking, this rule often incentivizes insurance companies representing drunk drivers to look for any way to assign fault to you. They may point to speeding, an unsafe lane change, distracted driving, or another action that allegedly contributed to the collision. They may also argue that failure to wear a seat belt made the injuries worse, although that would affect damages only if the insurer can establish that seat-belt use would have prevented or reduced the injuries.

What Else Affects the Value of a Drunk Driving Claim in California?

Several factors can affect the outcome of a drunk driving case in California.

Insurance Policy Limits

The at-fault driver’s policy limits may restrict how much compensation is available from the insurer. Additional recovery may be available through other insurance coverage or, in some cases, the defendant’s personal assets. 

Uninsured or Underinsured Motorist Coverage

Your uninsured or underinsured motorist coverage may provide another source of compensation if the at-fault driver has no insurance or insufficient insurance, subject to your policy’s terms and limits.

Punitive Damages

California Civil Code § 3294 allows punitive damages in cases involving malice, oppression, or fraud. Drunk driving can sometimes qualify. This means a jury can award additional compensation beyond specific damages.

Severity of Injuries

Medical records, expert testimony, and documented impact on daily life all affect what a claim is worth.

Documentation of the accident is often very important for plaintiffs, even in cases where the other driver was drunk. If you are hit by a drunk driver and are able to do so safely, photograph or record the accident scene, obtain witnesses’ contact information, and seek prompt medical treatment. 

Can You Sue a California Bar or Restaurant That Served Alcohol to a Drunk Driver?

Unlike the majority of states, California does not hold commercial alcohol sellers liable for injuries caused by their customers. California law provides broad immunity to bars, restaurants, and liquor stores that sell alcohol to adults. Even if a bartender knew a customer was visibly intoxicated and chose to serve them, the business generally cannot be sued in a civil case if that customer later causes an accident.

There is one exception. A licensed seller can sometimes be liable if they served alcohol to an obviously intoxicated minor. In these cases, "dram shop" liability may apply.

Call Our Temecula, CA Car Accident Attorney Today

Drunk driving cases are not always as straightforward as plaintiffs hope. For help with an accident involving a drunk driver, contact Maineri Law Firm.

We have been practicing law in California since 1998. Our lawyer handles every case personally. Call us at 951-698-4200 to schedule your free consultation with our Riverside, CA car accident lawyer today.