San Francisco Drunk Driving Accident Lawyer

If you were injured by a driver who was under the influence of alcohol or drugs, you very likely have a strong personal injury claim. California law treats DUI drivers as negligent per se — meaning their illegal act of driving drunk is automatic proof of negligence. We offer a free consultation to review the police report, BAC results, and your injuries so you know exactly where you stand before making any decisions.

Under California Code of Civil Procedure §335.1, you have two years from the date of the accident to file a personal injury lawsuit. If your claim involves a government entity — such as a BART vehicle, Muni bus, or city-owned car — that deadline shortens to six months to file a government tort claim. We strongly recommend contacting us as soon as possible so evidence is preserved and your rights are fully protected.

You may be entitled to economic damages including all medical bills, lost wages, future lost earning capacity, and rehabilitation costs, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In drunk driving cases, California courts may also award punitive damages because driving under the influence is considered willful and malicious misconduct. We fight to maximize every category of compensation available to you.

Yes. California follows a pure comparative fault rule, which means you can recover damages even if you were partially responsible for the crash. Your total award is simply reduced by your percentage of fault — so if you were 20% at fault and your damages total $100,000, you would recover $80,000. We work to present the strongest case possible so that fault is accurately assigned and your recovery is not unfairly reduced.

Call 911 immediately — a police report documenting the driver’s DUI arrest or field sobriety test results is critical evidence in your case. Seek medical attention right away, even if your injuries feel minor, because symptoms like whiplash and traumatic brain injury often appear hours or days later. Document the scene with photos, gather witness contact information, and then call our office before speaking with any insurance company.

In most cases, we first pursue a claim directly against the at-fault driver’s auto liability insurance. However, insurance companies — even when their insured caused a DUI accident — routinely minimize payouts or dispute the severity of injuries. If the insurer does not offer a fair settlement, we file suit in San Francisco Superior Court and take the case to trial if necessary to get you full compensation.

If the at-fault driver is uninsured or underinsured, we pursue your claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage, which California insurers are required to offer. We also investigate whether a third party shares liability — for example, a bar or restaurant that over-served the driver may be liable under California’s Dram Shop laws (Business & Professions Code §25602.1). We leave no avenue for recovery unexplored.

Yes, under certain circumstances. California’s Dram Shop law allows injured victims to sue a licensed alcohol provider that sold or furnished alcohol to an obviously intoxicated person who then caused a crash. This is particularly relevant near San Francisco entertainment districts like the Mission, SoMa, or North Beach where heavy bar traffic is common. Proving dram shop liability requires prompt investigation, and we move quickly to secure surveillance footage and witness statements before they disappear.

The two cases run on parallel tracks — a criminal DUI prosecution by the San Francisco District Attorney’s Office and your civil personal injury claim are entirely separate proceedings. A DUI conviction is powerful evidence of negligence in your civil case, and we use it to strengthen your claim. Even if the criminal charges are reduced or dismissed, you can still win your civil case because the standard of proof is lower — preponderance of the evidence rather than beyond a reasonable doubt.

Many straightforward cases resolve through settlement within six to eighteen months, while complex cases involving catastrophic injuries, disputed liability, or multiple defendants can take two to three years or longer. San Francisco Superior Court has its own scheduling timeline that affects how quickly litigation moves. We keep you informed at every stage and never pressure you to accept a lowball settlement just to close the file quickly.

No — we handle drunk driving accident cases on a contingency fee basis, meaning you pay nothing unless we win. Our fee is a percentage of the recovery we obtain for you, so there are no out-of-pocket legal fees, no retainers, and no hourly charges. If we do not recover compensation for you, you owe us nothing.

Do not give a recorded statement to any insurance adjuster — including your own insurer — without first speaking with us. Adjusters are trained to ask questions that minimize your claim or lock you into statements that can be used against you later. Contact our office immediately and let us handle all communication with the insurance companies from that point forward.

We work with medical providers who treat accident victims on a medical lien basis, meaning they defer payment until your case resolves. Your own health insurance, MedPay coverage, or auto insurance Personal Injury Protection benefits may also cover treatment costs in the interim. We coordinate all of this so you can focus on recovery without delaying necessary care due to cost concerns.

The police report and any DUI arrest records are the cornerstone of your case, along with the driver’s BAC test results. We also secure dashcam or business surveillance footage from the accident scene — including footage from cameras along busy corridors like Lombard Street, Market Street, or the Bay Bridge approach — as well as witness statements, your medical records, and expert accident reconstruction analysis when needed. Acting quickly is essential because surveillance footage is often overwritten within days.

Drunk driving cases carry the potential for punitive damages on top of all compensatory damages, which can dramatically increase the total recovery. The driver’s criminal conduct also creates a stronger liability position and often motivates insurers and defendants to settle more seriously once litigation begins. We leverage every aspect of the DUI evidence — arrest records, toxicology reports, and field sobriety test results — to build the most powerful case possible on your behalf.