Civil injury claims after a suspected DUI crash
The civil claim concerns fault, injury, and legally recognized loss. Punitive damages have additional requirements under Civil Code section 3294; they are not automatic because alcohol is mentioned. The facts and the required proof must be evaluated separately from an arrest or accusation.
Sources: Vehicle Code §23152 — Driving under the influence ↗ · Civil Code §3294 — Punitive damages ↗
When punitive damages may be considered
Preserve the collision report, witness information, and records you receive about the event. Avoid stating that someone was convicted if the case is still pending. A conviction can have a different role from an arrest when a lawyer examines a potential Prop 213 issue.
Sources: California Vehicle Code ↗ · Civil Code §3333 — Compensation for harm ↗
Why a DUI arrest and a conviction differ
For a useful review, keep the following information together. You do not need to enter it on this website.
- The sequence of the crash and what you personally saw.
- Report, witness, photo, and lawful video information.
- Policies, coverage letters, and any release or offer you received.
Sources: California Vehicle Code ↗
READ THE DECISIONS
Court decisions relevant to san jose drunk-driving injury claims
College Hospital Inc. v. Superior Court
(1994) 8 Cal.4th 704, pp. 721–726
The court discussed when money can be awarded to punish bad acts. A careless mistake alone was not enough.
Limits of this decision: Some steps in that case applied to claims against a health care provider. They do not apply to every injury case.
Read the opinion ↗Review information for this guide is recorded above. Read each decision with its stated limits.
Legal and agency sources for this page
Use the sources to read the underlying rule or current official process. A source link is not personal legal advice.
- Vehicle Code §23152 — Driving under the influence ↗
- Civil Code §3294 — Punitive damages ↗
- California Vehicle Code ↗
- Civil Code §3333 — Compensation for harm ↗
- Civil Code section 3333.4 ↗
- College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704 ↗
Reviewed by Andrew Ronald Gillin · 2026-11-05 · Review and correction process