Downey Drunk Driving Accident Lawyer

A crash caused by a drunk driver can come with medical bills, lost wages, and the kind of emotional distress that can be crippling. If you or a loved one has been injured, a Downey drunk driving accident lawyer with the team at Heimanson & Wolf, LLP, can help you seek justice — and compensation — not just for your recovery but for the safety of others on the road. A Downey car accident lawyer from our firm can guide you through the legal process and ensure that the responsible party is held accountable.

California Laws on Drunk Driving Accidents

Driving under the influence of alcohol is illegal. If a driver’s blood alcohol level is over the legal limit (a BAC of 0.08% or higher), they’re considered impaired. The limit is lower for commercial drivers (BAC of 0.04%) and nearly zero for drivers under 21 (BAC of 0.01%).

When a drunk driver is caught behind the wheel, it’s usually easier to prove they were at fault for an accident. This can make the legal process easier and far more straightforward, as victims don’t have to prove recklessness — the fact the driver was intoxicated is often enough.

Compensation Available for Victims

Victims of drunk driving accidents may be eligible for both economic (tangible losses that can be tallied with receipts) and non-economic (losses that can’t be tallied) damages, which can include:

• Medical expenses, such as emergency treatment, surgeries, rehabilitation, and long-term care.
• Lost wages and future earnings, including compensation for time away from work and diminished earning capacity.
• Pain and suffering include the physical and emotional distress caused by the crash.
• Property damage, including costs to repair or replace your vehicle.
• Punitive damages. In cases of extreme recklessness, courts may order extra financial penalties on the drunk driver as a form of punishment.

At Heimanson & Wolf, LLP, we can evaluate your case and determine the full extent of the compensation you may be eligible to pursue.

What if the Drunk Driver Lacked Insurance?

Uninsured and underinsured motorists can be a challenge, but if you have an uninsured motorist policy (UM coverage), you could file a claim through that. California law requires insurance companies to offer this coverage, but not all drivers carry it.

If you don’t have UM coverage, the alternatives could include filing a claim against the driver directly or holding a third party responsible (for example, in rare cases, the bar or restaurant that over-served them).

Holding Bars and Restaurants Accountable

Unlike some states, California doesn’t generally allow claims against places of business that serve alcohol to adults who later cause harm. That said, an exception exists for minors — if a bar or store provided alcohol to an underage driver, they could share liability for any resulting damage.

These cases require very strong evidence, like receipts, surveillance footage, or witness testimony. If you suspect a business served alcohol to the minor responsible for your accident, legal action could be an option.

What if I Was Partially at Fault?

California is a comparative negligence state, meaning that even if you’re found partially at fault for the crash, you can seek to recover damages — some, not all. If you’re found partially at fault, your compensation can be reduced by your portion of fault.

For example, if you were 20% responsible for the accident, the total amount of your compensation settlement could then be reduced by 20%, which is why you need an experienced legal team by your side.

At Heimanson & Wolf, LLP, we can aggressively fight your portion of fault and reduce the amount of money you might have to leave on the table.

Wrongful Death Claims in Fatal DUI Accidents

If your loved one died as a result of a drunk driving accident, certain family members could file a wrongful death claim to recover damages for funeral and burial expenses, loss of financial support, and loss of companionship and emotional suffering.

This kind of claim is separate from any criminal charges the drunk driver might face because even if justice is served and the drunk driver goes to jail, the family may still need financial compensation to move forward.

Why Legal Representation Matters

Insurance companies are only focused on their profit margins, which means they want to pay as little as possible. To do this, they may offer low settlements, delay claims, claim you own a percentage of the blame, or even argue that your injuries aren’t serious. They might even try to shift some blame onto you to reduce what they owe.

That’s why you need an experienced legal team by your side — to protect your rights and maximize the compensation you’re owed.

At Heimanson & Wolf, LLP, we can:

• Investigate the crash and gather evidence.
• Work with accident reconstruction specialists.
• Negotiate with insurers for fair compensation.
• Take the case to trial if necessary.

If you or a loved one has been affected by a drunk driving accident in Downey, CA, you don’t have to try and figure out the legal landscape. At Heimanson & Wolf, LLP, we’re here to help you pursue the compensation — and justice — you deserve.

FAQs About Downey,CA Drunk Driving Law

Can a Drunk Passenger Be Held Responsible for an Accident?

Yes, in some cases. If a passenger encouraged the driver to drink excessively or interfered with their ability to drive safely (for example, if they grabbed the wheel), then they could share liability under California’s negligence laws. These cases are rare, but when they happen, they can have a serious impact on liability assessments.

What Happens if a Drunk Driver Hits Me While I’m Walking?

Pedestrians injured by drunk drivers can file claims against the driver’s insurance, just like car accident victims. If the driver doesn’t have coverage, then uninsured motorist benefits or personal injury claims could be an option. Pedestrian injuries are often very serious, which leads to higher settlement amounts, so it’s important to have an experienced attorney by your side.

Does It Matter if the Drunk Driver Was on Prescription Medication?

California law treats impairment from legal drugs the same as alcohol-related impairment. This means if a driver was under the influence of prescription or over-the-counter medication that affected their ability to drive, they could still be held liable for the accident. At Heimanson & Wolf, LLP, we can review your case to determine if you have a claim.

Can I Sue the Drunk Driver Even if They Weren’t Convicted?

Yes. A criminal conviction is not required for a civil claim, and the burden of proof is lower in civil cases, which means you can go after damages even if the driver avoided DUI charges or a conviction. The key factor is proving negligence and causation of your injuries, and you can do that with the help of Heimanson & Wolf, LLP.

Contact Us Today

If you or a loved one was injured by a drunk driver, remember you don’t have to face this alone. At Heimanson & Wolf, LLP, we’re here to empower you through transparent representation that aggressively fights for your rights, for justice, and for the compensation you need to get back on your feet.

Contact us today to schedule a consultation.