Contact Us Now
Contact Us NowTable of Contents
Drunk driving accidents are among the most devastating and preventable crashes on Fallbrook’s roads. When someone makes the reckless decision to get behind the wheel while intoxicated, they put everyone around them at serious risk. If you or a loved one has been injured by a drunk driver in Fallbrook, you deserve justice and full compensation for your losses.
At Lathrop Law, we understand the unique complexities of drunk driving accident cases. These crashes aren’t just accidents—they’re the result of deliberate, illegal behavior. As your Fallbrook car accident attorney, I’m committed to holding drunk drivers accountable and fighting for the maximum compensation you deserve.
Fallbrook’s location along Highway 76 and proximity to Interstate 15 makes it particularly vulnerable to drunk driving crashes. Whether it’s someone leaving a local establishment after happy hour, drivers passing through from Temecula wine country, or late-night crashes on Mission Road, impaired drivers pose a constant threat to our community.
According to California Highway Patrol data, San Diego County consistently ranks among the highest in the state for DUI-related crashes. Fallbrook residents face these dangers on our local roads every day. Common locations for drunk driving accidents in Fallbrook include Highway 76 (especially weekend evenings), Mission Road and Old Highway 395 (bar and restaurant corridors), Interstate 15 (drivers traveling between Temecula and San Diego), and residential streets late at night.
Unlike typical car accidents where determining fault may be complex, drunk driving cases involve clear criminal behavior. The at-fault driver has violated California Vehicle Code Section 23152, which makes it illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08% or higher. This criminal element fundamentally changes how these cases are handled and significantly strengthens your civil claim.
When a drunk driver causes an accident, they face both criminal charges and civil liability. While the criminal case focuses on punishment, your civil case focuses on compensation for your injuries and losses. The drunk driver’s illegal behavior creates several advantages in your civil claim.
First, evidence from the criminal case becomes powerful support for your civil claim. Police reports documenting field sobriety tests, breathalyzer results showing BAC levels, officer observations of impaired behavior, arrest records and criminal charges, and any criminal conviction or guilty plea all strengthen your case significantly.
California law recognizes a legal principle called “negligence per se,” which means that violating a safety statute (like the drunk driving law) automatically establishes negligence. You don’t need to prove the driver was careless—their illegal intoxication proves it for you. This shifts the focus from “was the driver negligent?” to “how much compensation do you deserve?”
In drunk driving cases, you may also be entitled to punitive damages in addition to compensatory damages. While compensatory damages cover your actual losses (medical bills, lost wages, pain and suffering), punitive damages are designed to punish the drunk driver for their egregious conduct and deter others from similar behavior. California courts have awarded substantial punitive damages in drunk driving cases, sometimes exceeding the compensatory damages several times over.
California’s dram shop laws, found in Business and Professions Code Section 25602.1, allow you to hold alcohol-serving establishments liable in specific circumstances. If a bar, restaurant, or other establishment served alcohol to someone who was “obviously intoxicated” and that person subsequently caused an accident, the establishment may share liability for your injuries.
Proving dram shop liability requires evidence that the establishment served alcohol to a visibly intoxicated person. This might include witness testimony from other patrons or staff, surveillance footage from the establishment, credit card receipts showing number of drinks purchased, expert testimony about the driver’s BAC level and timeline, or server training records showing the establishment’s policies.
I’ve handled cases involving Fallbrook establishments where over-serving led to devastating crashes. These claims require thorough investigation and often involve deposing bartenders, servers, and managers to establish what they knew about the patron’s level of intoxication.
Additionally, if someone served alcohol to a minor (under 21) who then caused an accident, California law provides an easier path to liability. You don’t need to prove the minor was “obviously intoxicated”—serving alcohol to any person under 21 is illegal, and establishments or social hosts who do so can be held liable for resulting injuries.
Beyond commercial establishments, California also recognizes social host liability in limited circumstances. If someone hosts a party or gathering and serves alcohol to a minor who subsequently causes an accident, the host may be held liable for injuries to others.
Social host liability applies when the host knowingly provided alcohol to someone under 21, the minor consumed the alcohol at the host’s residence or property, and the minor’s intoxication was a substantial factor in causing the accident. This often arises in cases involving house parties, family gatherings, or celebrations where minors had access to alcohol.
Importantly, California does not impose social host liability for serving alcohol to adults (over 21) who then cause accidents. The law recognizes that adults are responsible for their own drinking decisions, and social hosts who serve alcohol to adults at private gatherings generally aren’t liable for subsequent drunk driving accidents.
Victims of drunk driving accidents in Fallbrook are entitled to comprehensive compensation covering all their losses. This typically includes economic damages such as all medical expenses (emergency room, hospitalization, surgery, rehabilitation, ongoing treatment), lost wages and lost earning capacity, property damage to your vehicle, and out-of-pocket expenses related to your injuries.
Non-economic damages cover intangible losses including physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life, disfigurement or permanent scarring, and loss of consortium (for spouses).
As mentioned earlier, punitive damages are often available in drunk driving cases. These damages punish the drunk driver for their reckless disregard for others’ safety. California law doesn’t cap punitive damages in drunk driving cases (unlike medical malpractice cases), and courts have awarded substantial punitive damages when the defendant’s conduct was particularly egregious.
For example, factors that may increase punitive damages include extremely high BAC levels (0.15% or higher), prior DUI convictions showing a pattern of behavior, causing a crash that injured multiple people, fleeing the scene after the accident, or having open containers in the vehicle during the crash.
It’s important to understand that the criminal prosecution of the drunk driver is separate from your civil case, though they’re related. The district attorney handles the criminal case, which may result in jail time, fines, license suspension, mandatory DUI classes, and probation for the defendant.
Your civil case is separate and focuses exclusively on obtaining financial compensation for your injuries. You (with your attorney) control this case, not the prosecutor. The criminal case proceeds regardless of whether you file a civil claim, and you can pursue your civil case even if the criminal case is dismissed or results in a plea bargain.
However, the criminal case can significantly help your civil claim. A criminal conviction for DUI provides powerful evidence of negligence in your civil case. Even if the criminal case doesn’t result in conviction, evidence from the criminal investigation (police reports, BAC test results, witness statements) strengthens your civil claim substantially.
If you’re involved in an accident and suspect the other driver is intoxicated, take these immediate steps to protect yourself and strengthen your future claim.
Call 911 immediately and tell the dispatcher you believe the other driver may be intoxicated. This ensures police respond to document the scene and conduct sobriety testing. If it’s safe to do so, document signs of intoxication you observe such as smell of alcohol, slurred speech, difficulty standing or walking, bloodshot eyes, or open containers in the vehicle.
Take photographs of everything including all vehicle damage, the accident scene, the other driver (from a safe distance), any visible open containers or alcohol evidence, and your own injuries. Get witness information from anyone who saw the accident or observed the other driver’s behavior before the crash. Seek immediate medical attention even if you feel fine, as adrenaline can mask injuries.
Importantly, do not confront the drunk driver or make accusations at the scene. Let law enforcement handle that aspect. Your safety comes first, and anything you say could potentially be used against you later. Focus on documenting and protecting yourself.
While all car accident cases benefit from legal representation, drunk driving cases present unique opportunities and complexities that make experienced legal counsel essential.
An attorney can coordinate with the criminal prosecution to obtain evidence and leverage the criminal case to strengthen your civil claim. We can investigate dram shop liability and identify all potentially responsible parties beyond just the drunk driver. We know how to pursue punitive damages and present evidence of the defendant’s reckless conduct effectively.
Additionally, we can handle aggressive insurance company tactics, as insurers often try to minimize even clear-liability drunk driving cases. We can accurately value your claim including future damages you might not have considered, and if necessary, we’re prepared to take your case to trial where juries are typically very sympathetic to drunk driving victims.
Insurance companies know that drunk driving cases often result in higher verdicts, so they may be more willing to settle for fair value. However, they’ll still try to minimize your claim if you’re unrepresented. Having an attorney who’s not afraid to go to trial changes the negotiation dynamic entirely.
California law gives you two years from the date of the accident to file a personal injury lawsuit against the drunk driver. While two years may seem like plenty of time, evidence degrades, witnesses become harder to locate, and memories fade. The criminal case may also conclude within months, and coordinating with that timeline can benefit your civil claim.
Don’t wait to seek legal representation. The sooner you contact an attorney, the sooner we can begin preserving evidence, conducting our own investigation, and building the strongest possible case for maximum compensation.
Every drunk driving accident is preventable. When someone chooses to drive while intoxicated, they’re making a decision that can destroy lives in an instant. These aren’t “accidents” in the true sense—they’re the foreseeable result of illegal, reckless behavior.
As a Fallbrook attorney, I’ve seen the devastating impact drunk driving crashes have on our community. I’ve represented families who’ve lost loved ones, individuals facing life-altering injuries, and children whose lives were forever changed by one person’s selfish decision.
While no amount of money can undo the harm caused by a drunk driver, holding them accountable serves several important purposes. It provides the financial resources you need for medical treatment and recovery. It sends a message that our community won’t tolerate drunk driving. It may prevent the drunk driver from causing future harm. And perhaps most importantly, it helps victims and families find some measure of justice and closure.
If you’ve been injured by a drunk driver in Fallbrook or anywhere in North San Diego County, you don’t have to face this challenge alone. At Lathrop Law, we’re committed to fighting for justice on behalf of drunk driving victims and their families.
As a bilingual attorney, I can assist you whether you speak English or Spanish, ensuring nothing is lost in translation when it comes to protecting your rights and pursuing the compensation you deserve.
Don’t let the drunk driver’s insurance company minimize your claim or pressure you into a quick settlement. Contact us today for a free consultation. We’ll review your case, explain your legal options, and help you understand what your claim is truly worth.
You deserve justice. Let us fight for it.
