DUI Accident Lawyer · Los Angeles

DUI Accident Lawyer in Los Angeles

A drunk driver's insurer knows a jury will be angry. We know how that fear shapes the way they handle your claim.

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Client Testimonial

Personal Injury

"Matthew is very knowledgeable and works with integrity and got us a settlement that can make our lives much, much easier."
S.F. · 2025
Client Testimonial

Auto Accident

"Matt is aggressive with the insurance companies and doesn't back down until he gets you the best result!"
A.M. · 2025
Client Testimonial

Auto Accident

"Not only did Matt get me an unbelievable settlement, he also negotiated my medical bill. He truly is a super lawyer!"
M.B. · 2025
Client Testimonial

Personal Injury

"Matt is honest, aggressive, and relentless. His staff is attentive and responsive to their clients. I can't say enough about how great everyone at this office is."
S.J. · 2025
Client Testimonial

Car Accident

"They took care of everything after my car accident and really made the whole experience as easy as possible. Super responsive, friendly, and professional – and, honestly, the best outcome."
G.A. · 2024
Client Testimonial

Rear-End Collision

"My car was totaled in a rear end collision on the 101. It took a while, but after 2 years I finally received my settlement and it was far more than I ever could have received doing it on my own. I know they worked diligently on negotiating with my medical providers to come to an agreement that benefited all of us."
L.M. · 2024
Client Testimonial

Rear-End Collision

"After we were rear-ended on the freeway we were falsely accused of reversing into the out-of-state driver on the Wilshire off ramp on the 405 freeway. Thanks to Oaks Law Firm we received physical treatment until our bodies were healed and restored from the accident. Highly recommended if you need honest legal help."
D.L. · 2024
Client Testimonial

Personal Injury

"I felt like they genuinely cared about my well-being and the outcome of my case. In the end, Oaks Law Firm achieved a favorable result that exceeded my expectations. I will forever be thankful and grateful for their hard work."
J.P. · 2024
Client Testimonial

Personal Injury

"Matthew is the best lawyer I have ever dealt with. He made sure that things were done in a thorough and professional way. He took care of business like nobody else can. He is my number 1 lawyer. Highly recommended."
P.M. · 2023
Client Testimonial

Personal Injury

"The best in Los Angeles – hands down."
A.F. · 2023
Client Testimonial

Auto Accident

"Hands down the best firm around."
S.M. · 2023
Client Testimonial

Personal Injury

"They handle business with integrity and honesty and very professionally. If you want an attorney, give Matt a call."
N.B. · 2023
Client Testimonial

Auto Accident

"All odds seemed to be against us. I wasn't too hopeful for a return for any of my injuries, but Mr. Nezhad fought the liability on our case and settled for full policy limits."
C.Y. · 2022
Client Testimonial

Car Accident

"Matt is a great attorney. I was involved in an accident on the 405 and he took care of me. He got me a great doctor and walked me through all the steps I needed to recover. He got me an amazing settlement and I was pleased with all the results."
H.P. · 2022
Client Testimonial

Personal Injury

"They really set the bar high for professionalism and excellence."
T.N. · 2022
Client Testimonial

Personal Injury

"We were referred to Mr. Nezhad and he did not disappoint. He worked tirelessly on our behalf. We appreciated his honesty and years of experience and were very pleased with the outcome."
V.C. · 2021

The short answer

If a drunk or impaired driver injured you in California, you can pursue compensation for medical bills, lost wages, and pain and suffering—and potentially punitive damages. A criminal DUI conviction is strong evidence in your civil claim. Preserve police records and contact a lawyer promptly.

Being hit by an impaired driver is not an accident in any ordinary sense. It is the result of someone choosing to drive after drinking or using drugs. In Los Angeles, these crashes happen on freeways late at night, near bars and restaurants in areas like Hollywood, West Hollywood, and downtown, and on the long boulevards that connect them. The injuries are often severe because impaired drivers tend to be speeding, drifting, or failing to brake at all.

You have two separate legal tracks after a DUI crash. The criminal case is brought by the prosecutor and focuses on punishing the driver. Your civil claim focuses on compensating you. The two can inform each other: police reports, chemical test results, and a conviction or plea can be powerful evidence in your civil case. But the criminal process does not pay your medical bills, and you do not need to wait for it to finish before pursuing your claim.

When our founding attorneys defended insurers, we saw that DUI files are treated differently. Carriers worry about juries and about punitive damages, which insurance policies in California generally do not cover. That creates pressure points that can be used on your behalf. We also look beyond the driver for other coverage, including your own underinsured motorist coverage and, in narrow circumstances, other parties connected to the driver's drinking.

Your consultation is free, and you pay no attorney's fee unless we recover compensation for you. If an impaired driver hurt you or a family member in Los Angeles, call us to discuss your options.

From the other side of the table

How the insurer's adjuster sees a DUI claim

01

Liability is conceded, damages are not

Insurers often admit fault quickly in DUI cases to keep attention off the driver's conduct, then fight hard on the extent of your injuries. We build the damages side of your claim as carefully as if fault were in dispute.

02

Punitive exposure falls on the driver, not the policy

California public policy generally bars insurers from paying punitive damages for their insured. That means the driver has personal exposure, which can affect how the defense approaches settlement within policy limits.

03

Minimum limits and the policy-limits problem

Many impaired drivers carry low liability limits. We identify the available coverage early, pursue a policy-limits demand when appropriate, and look to your underinsured motorist coverage for the rest.

04

Waiting on the criminal case

Adjusters sometimes stall while the criminal case proceeds. We obtain police reports, test results, and court records as they become available and keep your civil claim moving.

Why it happens

Common causes

Drinking at bars and restaurants

Crashes cluster around nightlife districts on the Sunset Strip, Hollywood Boulevard, downtown, and Venice, particularly between late evening and early morning.

Wrong-way freeway driving

Impaired drivers sometimes enter freeway off-ramps going the wrong direction, causing head-on collisions on routes like the 110, the 405, and the 60.

Cannabis and prescription drug impairment

Driving under the influence is not limited to alcohol. Marijuana, sleep aids, opioids, and other medications can impair a driver just as dangerously.

Holiday and event traffic

Holidays, sporting events at SoFi Stadium, Crypto.com Arena, and Dodger Stadium, and large concerts can bring more impaired drivers onto the road.

Speeding and red-light running

Alcohol reduces inhibition and reaction time, so impaired drivers often speed through intersections and fail to stop for signals.

Repeat offenders

Some drivers continue driving despite prior DUI arrests or license suspensions, which can be relevant to punitive damages.

What we see

Injuries we handle

Traumatic brain injuries
Spinal cord injuries and paralysis
Multiple fractures, including crush injuries
Internal bleeding and organ damage
Severe burns from vehicle fires
Amputations
Facial injuries and disfigurement
Wrongful death of a family member

What you may recover

Compensation in a California claim

Economic losses

Medical bills, rehabilitation, future care, lost wages, lost earning capacity, and property damage.

Non-economic losses

Pain, suffering, emotional distress, disfigurement, and loss of enjoyment of life.

Punitive damages

California law allows punitive damages when a defendant acted with malice, and courts have recognized that deciding to drive while intoxicated can meet that standard in appropriate cases.

Wrongful death damages

When a DUI crash takes a life, eligible family members may recover for the loss of love, companionship, support, and funeral expenses.

Underinsured motorist benefits

If the impaired driver's coverage is too low, your own underinsured motorist coverage may make up part of the difference.

The rules that apply

California law you should know

Driving under the influence is illegal

It is unlawful to drive under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more. A violation can support a finding of negligence in your civil case.

Vehicle Code § 23152

Punitive damages

Punitive damages may be awarded when clear and convincing evidence shows a defendant acted with malice, oppression, or fraud.

Civil Code § 3294

Drunk driving can support punitive damages

The California Supreme Court held that a driver's decision to drink and drive, with knowledge of the dangers, can support a claim for punitive damages.

Taylor v. Superior Court (1979) 24 Cal.3d 890

Limited liability for serving alcohol

California generally shields people who serve or furnish alcohol from liability for injuries caused by an intoxicated adult, with narrow exceptions such as furnishing alcohol to an obviously intoxicated minor.

Civil Code § 1714

General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.

Right now

Protect your claim

Evidence to gather

  • The police report and arrest report number
  • Photos of the scene, vehicles, and any open containers
  • Names and contact information for witnesses and responding officers
  • Receipts or information about where the driver was drinking, if known
  • Records from the criminal case, including charges and any plea or conviction
  • Medical records, imaging, and hospital bills
  • Your insurance declarations page showing underinsured motorist coverage
  • Records of lost income and missed work

Mistakes insurers count on

  • Waiting for the criminal case to end before protecting your civil claim
  • Assuming the criminal court's restitution order will cover your losses
  • Accepting a policy-limits payment without checking underinsured motorist rules
  • Speaking with the driver or their family about the crash
  • Overlooking other potentially responsible parties or coverage

Step by step

How we handle your case

  1. 1

    Free consultation

    We review what happened, the injuries involved, and any information you have about the criminal case.

  2. 2

    Gather the criminal record

    We obtain police reports, chemical test results, and court filings, and we monitor the criminal case for pleas or convictions.

  3. 3

    Identify all coverage

    We confirm the driver's liability limits, look for other vehicle owners or employers who may be responsible, and review your underinsured motorist coverage.

  4. 4

    Evaluate punitive damages and other parties

    We assess whether the facts support a punitive damages claim and whether anyone else, such as someone who served alcohol to a minor, may share responsibility.

  5. 5

    Negotiate or file suit

    We press for a fair resolution, and when needed we file suit and pursue the case in court.

From the Case Vault

Related results

Straight answers

Frequently asked questions

Yes. You can bring a civil claim for your injuries regardless of whether the driver is convicted in criminal court. The civil case uses a lower burden of proof, and evidence from the criminal case, such as blood alcohol results or a guilty plea, can be very helpful. Your civil claim can proceed on its own timeline, subject to the two-year filing deadline.

Vehicle Accidents

Related practice areas

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