Injured by a drunk driver
in Nevada County?
You may be entitled to more than you think — including punitive damages designed to punish the driver who chose to get behind the wheel impaired. Talk to an attorney who has handled DUI cases from both sides.
Being hit by a drunk driver is different from other car accident cases — and it should be treated differently. The driver made a choice. They chose to drink. They chose to drive. That decision puts your case in a different category under California law — one where the compensation available to you goes well beyond ordinary accident damages.
"I spent years defending DUI cases. Now I use everything I learned to maximize recovery for the people those drivers hurt."
Before becoming a personal injury attorney, I spent more than 20 years handling DUI defense cases. I know exactly how DUI investigations work — what evidence gets collected, what it means, how the defense will use it, and most importantly, how to use the criminal case to build the strongest possible civil claim.
The criminal case and your civil case run together
Many victims don't realize that the drunk driver's criminal case is one of the most valuable tools in their civil claim. A guilty plea or conviction is powerful evidence that cannot be relitigated in civil court. The DUI investigation package — blood alcohol results, field sobriety test video, dashcam footage, witness statements, the arresting officer's observations — all becomes available in your civil case.
Knowing how to read that package, what to look for, and how to use it takes years of experience in DUI law specifically. Most personal injury attorneys have never read a DUI investigation report in their career. I've read hundreds.
Don't wait for the criminal case to resolve
One of the most common mistakes injured victims make is waiting to pursue their civil claim until the criminal case is finished. This is almost always the wrong move. Evidence must be preserved immediately. The civil statute of limitations runs on its own timeline. And in some situations, moving aggressively on the civil case early creates pressure that benefits the overall outcome. Call us right away — both cases can proceed simultaneously.
Punitive damages — what they are and why they matter
In California, drunk driving accident victims may be entitled to punitive damages on top of all other compensation. These are not limited to your medical bills and lost wages — they are designed to punish the drunk driver and can significantly increase the total value of your case.
What are punitive damages?
Punitive damages are awarded separately from — and in addition to — your compensatory damages. They exist to punish conduct that shows conscious disregard for the safety of others. California courts have held that drunk driving meets that standard.
The legal foundation
Under California case law, choosing to drive while impaired can constitute malice or oppression under Civil Code §3294. This opens the door to punitive damages that go far beyond what a typical car accident case allows.
What factors affect the amount
Blood alcohol level, prior DUI history, speed at impact, whether the driver knew they were impaired — all of these affect the punitive damages analysis. The DUI investigation package is central to building this part of the case.
Not every case qualifies
Punitive damages require specific facts and careful pleading. We evaluate every drunk driving case for punitive damages potential from the first consultation — and pursue them aggressively when the facts support it.
Why Michael's DUI defense background matters for your case
Most personal injury attorneys have never handled a DUI case from the defense side. Michael has handled hundreds. That experience translates directly into a stronger civil case for you.
Reading the DUI investigation package
Blood results, field sobriety videos, dashcam footage, officer notes — Michael knows exactly what to look for and how to use it to establish the full extent of the driver's impairment and culpability.
Using the guilty plea strategically
A guilty plea or conviction in the criminal case is powerful civil evidence. Knowing how to properly leverage it — and when — requires understanding both the criminal and civil systems.
Anticipating the defense
Michael knows the arguments the drunk driver's civil defense attorney will make — because he's made them. That foreknowledge shapes how we build and present your case.
Maximizing punitive damages evidence
Building a punitive damages case requires specific evidence gathered early. Michael knows what that evidence is and moves to secure it immediately — before it disappears or becomes unavailable.
Dram shop and third party liability
When a bar or restaurant overserved the driver, additional parties may share liability. Identifying and pursuing every avenue of recovery requires knowing where to look.
Coordinating civil and criminal timelines
The two cases interact in ways that most PI attorneys don't anticipate. Managing both timelines strategically can make a significant difference in your ultimate recovery.
Drunk driving accident questions — answered plainly
Can I sue the drunk driver who hit me?
Yes. You have a civil claim against the drunk driver regardless of the criminal case outcome. A criminal conviction strengthens your civil case significantly, but you don't need one to win civil compensation. The standard of proof in civil court is lower than in criminal court.
Can I recover punitive damages?
In many drunk driving cases, yes. California courts have held that driving under the influence can constitute conscious disregard for others' safety — which supports a punitive damages claim. Punitive damages are awarded on top of all other compensation and can significantly increase the total value of your case. Not every case qualifies, but many do.
Should I wait for the criminal case to finish first?
No. Waiting is almost always the wrong move. Evidence must be preserved immediately. The civil statute of limitations runs independently of the criminal case. And moving early on the civil case can actually create strategic advantages. Contact an attorney right away.
What if the drunk driver had no insurance or minimal coverage?
We explore every avenue — including your own uninsured or underinsured motorist coverage, and dram shop liability if a bar or restaurant overserved the driver. There are often more sources of recovery than victims initially realize.
How does the DUI investigation help my civil case?
The DUI investigation package — blood alcohol results, field sobriety test video, dashcam footage, officer observations — becomes available in your civil case. An attorney who understands DUI investigations knows exactly how to use that material to establish impairment, culpability, and the basis for punitive damages.
A drunk driver chose to hurt you.
Make them fully accountable.
Free consultation. No obligation. Talk to an attorney who has handled DUI cases from both sides — and knows how to maximize what you recover.
Call Michael: (530) 265-0186Prefer email? mp@phillipspersonalinjury.com | 305 Railroad Ave., Suite 5, Nevada City, CA
Injured By a DUI Driver Resources
Hopefully, you find our site a good start to get your questions answered. But we are more than happy to answer any specific questions you may have, so feel free to give us a call at 530-265-0186. In the meantime, there are many internet resources available for information about drunk driving accidents. We encourage you to visit some of these websites we have collected for easy reference.