Hit by a Drunk Driver Over Labor Day Weekend? Your Rights Under California Law

August 6, 2026

Evening freeway traffic approaching an incident, with police lights flashing ahead, a dramatic sunset sky, and a 'Beach Cities 1 Mile' exit sign on the right.

Labor Day weekend is one of the most dangerous stretches of the year on California roads, with impaired driving spiking as summer closes. If a drunk driver injured you or someone you love, you have rights that go well beyond the criminal case. Here is what California law gives victims – and how to protect a claim.

Your civil claim is separate from the criminal case

When a drunk driver is arrested, the criminal case belongs to the state – it can lead to penalties but does not, by itself, pay your medical bills. Your compensation comes through a separate civil claim against the driver and their insurance. The two proceed on different tracks, and you can pursue yours regardless of what happens in criminal court.

Drunk-driving cases can carry punitive damages

Most injury claims cover medical costs, future care, lost income, and pain and suffering. Drunk-driving cases can go further: California courts have long recognized that choosing to drive while intoxicated can support punitive damages – an additional award meant to punish especially reckless conduct. That potential is one of the features that sets these cases apart.

Restitution and victim resources

In the criminal case, the court can order the driver to pay victim restitution for losses like medical expenses and lost wages – separate from anything you recover civilly. California’s Victim Compensation Board may also help certain crime victims with specific costs.

A hand holds a smartphone dialing 911 at dusk, with a severely damaged car and a man photographing the wreckage visible in the background.

Car keys and a glass of whiskey on a table in the foreground, with a police officer and patrol car with flashing lights visible outside a courthouse in the background.

A California myth: who is (and isn’t) liable for serving the alcohol

Many people assume the bar or host who over-served the driver can be sued. In California, that’s usually not the case: the law treats drinking the alcohol – not serving it – as the legal cause of harm, so bars, restaurants, and social hosts are generally protected. There are narrow exceptions, chiefly when alcohol is served to an obviously intoxicated minor. It’s a common misconception worth clearing up early.

Insurance when the driver has little or none

You’ll typically claim against the at-fault driver’s liability insurance. But drunk drivers are often underinsured or flee the scene, which is exactly when your own uninsured/underinsured motorist coverage becomes critical. Reviewing every available policy is one of the first things a lawyer does.

What to do – and your deadline

Call 911, get medical attention even if you feel fine, and preserve evidence: photos, witness contacts, and any dash-cam footage. Avoid recorded statements to the other insurer, and file a DMV SR-1 within 10 days. In California you generally have two years to bring an injury or wrongful-death claim – but evidence around a holiday-weekend crash disappears quickly, so early action matters.