What steps should I take if I was injured by a drunk driver in California, beyond the standard accident procedures?

If you were injured by a drunk driver in California, you can pursue both criminal restitution and a civil claim for punitive damages, which go beyond standard accident compensation. Taking specific actions early is critical to preserving these rights. Here are the steps you should take: Step 1: Actively Participate in the Criminal Case Contact the District Attorney's (DA) office in the county where the crash occurred. Inform them that you are the victim and wish to be kept informed about the criminal proceedings against the driver. Provide your contact information and ask to be connected with the Victim-Witness Assistance Program. Step 2: Formally Request Victim Restitution Under California Penal Code Section 1202.4, you have a right to restitution from the driver for your economic losses as part of their criminal sentence. This includes medical bills, property damage, and lost wages. Gather all your receipts and invoices and submit them to the DA's office to ensure the judge can order the driver to repay you. Step 3: Secure the Police Report and Evidence Obtain a copy of the full traffic collision report as soon as it becomes available. This report contains critical evidence of the driver’s intoxication, such as their blood alcohol content (BAC), the officer’s observations, and witness statements. This evidence is vital for your civil case. Step 4: Pursue a Civil Claim for Punitive Damages Your civil lawsuit is separate from the criminal case. Because the driver acted with malice by driving drunk, California Civil Code Section 3294 allows you to seek punitive damages. These are intended to punish the defendant and are awarded in addition to compensation for your medical costs, lost income, and pain and suffering. Important considerations: The statute of limitations for filing a personal injury lawsuit in California is generally two years from the date of the accident. While criminal restitution covers direct financial losses, a civil lawsuit is required to recover money for pain and suffering and to claim punitive damages. Note: Do not give a recorded statement to the drunk driver’s insurance company or accept a settlement offer without first seeking legal advice. Cases involving drunk driving are more complex and have a higher value than standard accident claims. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney to protect your rights and explore all your options for recovery.