Orange County Drunk Driving Lawyers
Our Orange County drunk driving lawyers know firsthand how devastating impaired driving can be for victims and their families. Every day, about 34 people in the United States die in drunk-driving crashes — that’s one person every 42 minutes. Choosing to drive while under the influence is not simply a lapse in judgment. It is a reckless decision that puts countless others in danger and often leads to devastating, life‑changing harm.
If you or someone you care about has been struck by an impaired driver, you may find yourself facing not only physical pain but also emotional turmoil, financial strain, and uncertainty about what steps to take next. While the criminal justice system will pursue penalties against the driver on behalf of the state, you also have an important legal right to seek accountability through a civil claim for the harm and losses you have personally endured.
The experienced and compassionate Orange County drunk driving lawyers at Bentley & More LLP are here to guide you through every step of this process. We are committed to providing steady support and determined advocacy as you pursue the justice and compensation you may be entitled to.
To speak with our team in a free and completely confidential consultation, please call us at (949) 870‑3800.
How Our Drunk Driving Accident Attorneys Advocate for You
After a collision with a drunk driver, it is natural to focus on your physical recovery and emotional well‑being. Managing insurance companies at the same time can feel like an added challenge, and our experienced Orange County drunk driving lawyers at Bentley & More LLP step in to handle that burden for you.
We manage every part of the legal process so you can focus on healing, confident that your case is being handled by a team dedicated to achieving the best possible outcome. From the very beginning, we act promptly and with care because key evidence in a drunk driving case can be lost if it is not secured quickly. Our team collects important records such as the official police report, the driver’s breath or blood alcohol test results, and any available dashcam or surveillance footage from locations in Irvine, Anaheim, and nearby areas.
We also interview witnesses while their memories are still clear and investigate whether the driver was overserved at a bar or restaurant by reviewing receipts and speaking with staff to build a clear picture of the driver’s negligence.
From the moment we take on your case, we handle all communication with the insurance companies so you can focus on your recovery. Insurance adjusters focus on protecting their company’s bottom line, often pushing quick, low settlement offers that don’t reflect the true value of your claim. We step in to manage those interactions and work to secure a fair outcome on your behalf.
As seasoned trial personal injury attorneys, we approach every case as though it will be presented to a jury in an Orange County courtroom. Because insurance companies know we are fully prepared to go to trial, that reputation provides you with significant leverage during settlement negotiations.
This approach allows us to pursue compensation that reflects the full scope of the harm you have suffered and the ongoing challenges you face.
Criminal vs. Civil Cases in Drunk Driving Accidents
When a drunk driver causes a collision, two separate legal processes begin. One is a criminal case, and the other is a civil case. Understanding how these two systems work can help victims and their families make informed decisions about what to expect.
While the outcome of one case can sometimes affect the other, each process moves forward on its own. Working with an experienced impaired driving victim attorney in Orange County can make it much easier to handle your civil claim while the criminal case takes its course.
The Criminal Case: The State Versus the Driver
A criminal case is started by the government. In Orange County, the District Attorney’s Office is responsible for prosecuting the driver for breaking state law. The main law involved is California Vehicle Code § 23152, which prohibits operating a vehicle while under the influence of alcohol or drugs.
The purpose of the criminal case is to hold the driver accountable for violating the law. To convict, prosecutors must prove the driver’s guilt beyond a reasonable doubt, which is the highest standard in the legal system.
If convicted, the driver may face fines, jail time, probation, and the suspension of a driver’s license. In some cases, the court might order the driver to pay restitution, but this amount is usually far less than what is needed to cover medical care, lost income, and other losses experienced by the victim.
The Civil Lawsuit: The Victim Versus the Driver
A civil lawsuit is completely separate from the criminal process. With the guidance of skilled Orange County drunk driving lawyers, you as the victim file this type of claim to seek financial recovery.
The purpose of a civil claim is not to have the driver jailed. Instead, it allows you to seek compensation for the harm you have experienced, including medical expenses, lost income, and the personal toll the crash has taken on your life.
The standard of proof in a civil case is lower than in a criminal case. Instead of having to prove guilt beyond a reasonable doubt, your attorney only needs to show, by a preponderance of the evidence, that the driver’s negligence caused your injuries.
In other words, it must be demonstrated that it is more likely than not that the driver’s actions were negligent. This lower standard makes it significantly easier to establish liability in a civil claim.
Because this standard is different, a driver can still be found financially responsible in civil court even if they are never charged with a crime or are not convicted in criminal court.
The Value of Punitive Damages in California Drunk Driving Claims
Most personal injury cases only allow compensation for losses such as medical expenses and property damage. Drunk driving cases are different because California law also permits punitive damages, which are intended to punish especially reckless conduct and discourage others from acting in the same way.
Under California Civil Code § 3294, punitive damages require clear and convincing evidence that the defendant acted with malice, oppression, or fraud. Courts in California often view driving under the influence as a conscious disregard for the safety of others, which meets this standard.
Punitive damages are not meant to reimburse you for your losses. Instead, they are intended to send a clear message and discourage similar reckless behavior in the future. A jury in Orange County may award these damages to make an example of a drunk driver.
Because insurance policies generally do not cover punitive damages, the driver is personally responsible for paying them, which often gives your attorney strong leverage during settlement negotiations and can lead to offers that fully cover the compensatory damages in the policy.
Identifying All Liable Parties Beyond the Drunk Driver
While the drunk driver is often the most obvious person at fault, they may not be the only party legally responsible for your losses. A careful investigation by experienced DUI victim lawyers in Orange County can uncover additional individuals or businesses that share liability.
Identifying all possible sources of recovery is especially important when the driver’s insurance coverage is not enough to cover the full impact of your injuries.
Social Host and Dram Shop Liability in Orange County
Part of this investigation focuses on identifying who provided the alcohol. California law, under Civil Code § 1714, generally protects social hosts when they serve alcohol to adults.
However, there is an important exception: if a host knowingly serves alcohol to someone under the age of 21, that host can be held legally responsible for any harm the underage person causes.
Bars and restaurants are usually not responsible for serving alcohol to adults who later cause a crash. However, they can be held accountable if they serve alcohol to someone who is an obviously intoxicated minor.
Employer Responsibility When a Drunk Driver Is on the Job
If the drunk driver was working at the time of the collision, their employer may also be legally responsible under a principle called respondeat superior, which means “let the master answer.”
This can apply when, for example, a delivery driver is on a route or a salesperson is traveling between client meetings. Bringing a claim against an employer can be important because businesses often carry higher insurance coverage than individual drivers.
Negligent Entrustment: When Vehicle Owners Share Liability
In some situations, the owner of the vehicle can also be held responsible under a legal theory known as negligent entrustment. This applies when someone allows another person to drive their vehicle even though they know, or should reasonably know, that the person is intoxicated, reckless, or otherwise unfit to drive. For instance, handing keys to a friend who is clearly impaired can lead to liability for the owner if a crash occurs.
Documenting All Losses in a Drunk Driving Accident Case
The purpose of a civil lawsuit is to seek financial recovery that reflects every loss caused by the drunk driver’s actions. Our team works closely with you, your family, and qualified experts to carefully document the full extent of your damages, including both financial losses and the deeply personal impact on your life.
Economic Damages: Medical Bills, Lost Wages, and Property Losses
These are the measurable financial losses from the accident.
- Medical Expenses: This includes costs for emergency care, hospital treatment, surgeries, ongoing therapy, medications, and counseling.
- Lost Wages and Earning Capacity: This covers income you lost during recovery and any future loss of earning ability if your injuries limit your work.
- Property Damage: This includes repair or replacement costs for your vehicle and other personal property damaged in the crash.
A thorough calculation of these costs forms the foundation for fair settlement discussions.
Non‑Economic Damages: Pain, Suffering, and Life Changes
These damages recognize the personal impact of your injuries, which may not be easily measured in dollars.
- Pain and Suffering: Compensation for the physical pain and emotional distress you have endured and may continue to face.
- Loss of Enjoyment of Life: If your injuries prevent you from enjoying hobbies, family activities, or other parts of life you valued before the crash.
- Loss of Consortium: A spouse may bring a separate claim for the loss of companionship, affection, and support.
These damages acknowledge the serious and lasting effects of a drunk driving crash on you and your loved ones.
California DUI Laws and Their Impact on Civil Claims
The evidence gathered during the criminal DUI investigation can strongly support your civil case. Police reports, field sobriety tests, and most importantly, the driver’s Blood Alcohol Concentration (BAC) are key tools in proving negligence.
Under Vehicle Code § 23152(b), it is against the law to drive with a blood alcohol concentration (BAC) of 0.08% or higher. A driver who exceeds this limit is considered negligent under a legal principle known as “negligence per se.”
In practical terms, this means that if a driver violates a safety law and someone is injured in the way that law was intended to prevent, the driver’s actions are legally presumed to be negligent. This legal standard makes it much easier to establish liability in a civil claim.
Deadlines for Filing a Drunk Driving Injury Lawsuit in California
California law sets a strict deadline for filing a personal injury lawsuit. Under California Code of Civil Procedure § 335.1, you generally have two years from the date of the crash to file your claim in court. If you miss this deadline, you lose the right to seek compensation, no matter how strong your case might be.
It is important not to wait for the criminal process to conclude before taking action. The criminal and civil systems move on separate timelines, and waiting too long could mean losing your opportunity to recover damages.
Take a Stand for Justice With Bentley & More LLP
A drunk driving collision can have life‑changing consequences. Legal action offers a path to hold the driver responsible and obtain the support you need to heal and rebuild.
Greg Bentley & Keith More, Drunk Driving Lawyer
Choosing to drive under the influence endangers every member of our community. Pursuing a civil claim is about more than seeking compensation; it is about taking meaningful action and holding the impaired driver directly accountable for the harm they have caused.
At Bentley & More LLP, we are committed to standing by your side. To speak with experienced and compassionate Orange County drunk driving attorneys, contact our team today. We are here to listen to your story and explain how we can help. Call us for a free, confidential consultation at (949) 870‑3800.
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Bentley & More LLP – Orange County Office
Phone: (949) 870-3800