Los Angeles Drunk Driving Accident Lawyers, DUI Cases Can Support Punitive Damages
A DUI conviction is not required to pursue punitive damages in a civil case. We build the evidence case that proves conscious disregard for human life.
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Former Insurance Defense
David Lederer and John Nojima defended insurers for years before switching sides. They know every argument an insurer raises to reduce your DUI injury settlement.
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Zero upfront cost. We work on contingency, our fee comes from your recovery. If we do not win, you pay nothing.
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Call any time. We respond to urgent matters around the clock and take over all insurer communication the day you hire us.
What Our Clients Say
“John Nojima was very attentive and made sure that my well-being and my vehicle were well taken care of. Mr. Nojima and his staff often worked extended hours to accommodate my schedule.”
“You are NEVER left waiting days to hear back from an atty. They are extremely responsive and always kept me informed throughout the entire process.”
What the Insurance Company Will Not Tell You After a Drunk Driving Accident
These are tactics we used when we defended insurers. Now we expose them.
They rush a settlement before the criminal case produces conviction evidence
A DUI conviction is powerful evidence in your civil case. Insurers know this. They call early with settlement offers specifically to close your case before any criminal conviction comes in. Once you sign a release, you cannot come back, even if the driver is later convicted.
They dispute the BAC level at time of impact
Insurers retain experts to argue the blood test was taken hours after the collision and doesn't reflect actual impairment at the moment of impact. We counter this by securing all breathalyzer and blood draw records, timestamps, and witness observations of the driver's behavior before and after the crash.
They argue you were also negligent
California's comparative fault rule lets insurers reduce your recovery if they can show you share any responsibility. They may argue your speed, lane position, or reaction time contributed to the collision. We document the full accident scene to establish the drunk driver's conduct as the sole cause.
What to Do Immediately After a Drunk Driving Accident in Los Angeles
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Call 911 immediately. Police will respond, conduct field sobriety tests, and document the driver's impairment in their report. That police report is foundational evidence in your civil case.
- 2
Do not approach or confront the drunk driver. Let police handle the interaction.
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Get witness names and contact information, especially anyone who observed the driver's behavior before the impact or saw them drinking beforehand.
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Photograph all vehicle positions, skid marks (or their absence, drunk drivers often don't brake), traffic signals, and your injuries.
- 5
Seek medical attention immediately, even if you feel okay. Emergency room records document your injuries before the insurer can argue they happened elsewhere.
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Do not speak to the at-fault driver's insurance company without counsel. Their job is to minimize your claim, and drunk driving cases often produce punitive damages claims that increase the stakes dramatically.
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Call Lederer & Nojima at (310) 312-1860. DUI evidence and witness memories are time-sensitive, the sooner we engage, the stronger your case.
How We Handle Your Drunk Driving Accident Case
Free Consultation
We review your case at no charge. We will assess the evidence of intoxication, identify all liable parties, and evaluate whether punitive damages are available on your specific facts.
We Take Over
We send a representation letter to all insurers. From this point forward, they talk to us, not you. We also coordinate with the district attorney's office to monitor the criminal case for evidence that strengthens your civil claim.
Investigation
We secure police reports, breathalyzer and blood test records, surveillance footage, bartender and witness statements, and any evidence of third-party dram shop liability. We document every element of your damages.
Demand and Negotiation
Our demand package addresses both compensatory damages and the punitive damages exposure, which changes the calculus for the insurer and for the individual driver. When they lowball, we escalate.
Settlement or Trial
Most cases settle. When they do not, we litigate and try cases to verdict. The threat of a punitive damages award before a Los Angeles jury is real leverage in every negotiation.
Compensation You May Be Entitled To
California Drunk Driving Civil Law
California Civil Code section 3294 authorizes punitive damages against defendants who acted with malice, oppression, or fraud. Courts have consistently found that driving under the influence meets the standard of conscious disregard for the safety of others, the legal threshold for malice in California. A criminal conviction helps but is not required to pursue punitive damages in your civil case.
California Vehicle Code section 23152 makes drunk driving a criminal offense and constitutes negligence per se in civil cases, meaning the insurer cannot dispute that the driver was negligent once impairment is established. Business and Professions Code section 25602 addresses potential liability of commercial alcohol providers who serve visibly intoxicated individuals.
The statute of limitations for personal injury in California is two years from the date of the accident under Code of Civil Procedure section 335.1. Do not wait for the criminal case to resolve before contacting us - evidence disappears and witnesses move on.
Frequently Asked Questions
Do I have to wait for the criminal DUI case to finish before filing my civil lawsuit?
What are punitive damages and how do drunk driving cases qualify?
Can I sue the bar or restaurant that served the drunk driver?
What if the drunk driver was driving a company car or on the job?
The drunk driver's insurer says punitive damages aren't covered by insurance, is that true?
Auto Accident Case Results
The following results are from actual Lederer & Nojima cases. Every case is different.
The case results displayed are not a guarantee or prediction of the outcome of any future case. Every case is different. Past results do not guarantee similar outcomes.
Related Practice Areas
Hit by a Drunk Driver in Los Angeles? Call Now for a Free Consultation.
No fee unless we win. Former insurance defense attorneys on your side.
Available 24/7 · No fee unless we win · (310) 312-1860