Wrongful Death Caused by Drunk Driver — Attorney in Glendale & Los Angeles
When a drunk driver kills someone you love, the grief is compounded by outrage. This was not an accident — it was a foreseeable consequence of a reckless choice. California law gives your family the right to hold the drunk driver financially accountable through a wrongful death lawsuit, and in many cases, to seek punitive damages designed to punish the extreme misconduct. Attorney Anand Desai has handled over 5,000 injury and wrongful death cases in 20+ years and will fight relentlessly for your family’s right to justice. Call (833) 270-7800 for a free, compassionate consultation.
California DUI Laws and Civil Liability
California Vehicle Code Section 23152 makes it illegal to drive under the influence of alcohol or drugs. A BAC of 0.08% or higher establishes legal intoxication for most drivers, while commercial vehicle drivers face a 0.04% limit. Driving under the influence that results in death creates both criminal and civil liability:
- Criminal charges — the district attorney may file vehicular manslaughter while intoxicated (Penal Code Section 191.5) or second-degree murder under the Watson murder doctrine
- Civil wrongful death lawsuit — the family files a separate civil action for financial compensation
- Punitive damages — available in DUI wrongful death cases under Civil Code Section 3294 because driving drunk constitutes malice or conscious disregard for safety
Why DUI Wrongful Death Cases Support Punitive Damages
Standard personal injury cases do not typically warrant punitive damages. DUI cases are different. California courts have consistently held that choosing to drive while intoxicated constitutes a conscious disregard for the safety of others — meeting the standard for punitive damages under Civil Code Section 3294. Punitive damages go beyond compensating the family; they are designed to punish the wrongdoer and send a message that society will not tolerate drunk driving.
The amount of punitive damages depends on factors including the drunk driver’s wealth, the degree of intoxication, any prior DUI history, and the egregiousness of their conduct.
Compensatory Damages for DUI Wrongful Death
In addition to punitive damages, your family may recover full compensatory damages under CCP Section 377.60:
- Loss of financial support the deceased would have provided
- Loss of love, companionship, affection, and moral support
- Loss of household contributions and services
- Loss of training and guidance for minor children
- Funeral and burial costs
- Medical expenses incurred before death
Through a companion survival action (CCP Section 377.30), the estate can recover the deceased’s own damages — pain and suffering and lost earnings from the date of the crash to the date of death.
Third-Party Liability — Dram Shop and Social Host Claims
In some cases, the drunk driver is not the only party responsible. California recognizes limited third-party liability:
- Bars and restaurants — California Business & Professions Code Section 25602 generally shields alcohol vendors from liability. However, serving alcohol to a visibly intoxicated minor (under 21) can create liability under Section 25602.1.
- Social hosts — similarly, social hosts may be liable for furnishing alcohol to minors who then cause a fatal crash.
- Employers — if the drunk driver was drinking at a company event or while on the job, the employer may share responsibility.
Building the Wrongful Death Case
Attorney Desai’s investigation leverages evidence from both the criminal and civil proceedings:
- Blood alcohol and toxicology results
- Police reports, dash cam, and body cam footage
- The drunk driver’s criminal history and prior DUI convictions
- Bar receipts, credit card records, and witness testimony about the driver’s drinking that night
- Accident reconstruction showing the driver’s impaired reactions
- Social media posts showing the driver drinking before the crash
His 13 years as an LA County Public Defender give him deep familiarity with how criminal DUI cases are investigated and prosecuted — insight he uses to strengthen the civil wrongful death claim.
Statute of Limitations
California’s wrongful death statute of limitations is two years from the date of death (CCP Section 335.1). Waiting too long risks losing the right to sue entirely. Evidence from the criminal case also needs to be preserved for the civil action — another reason to act quickly.
Why Families Trust Anand Desai
Anand Desai handles every wrongful death case with the empathy and gravity it deserves. His 5.0-star Google rating from 114 reviews, BBB A+ accreditation, and Avvo Clients’ Choice 2025 recognition reflect genuine care for families in crisis. He works on a no win, no fee basis, speaks 11 languages, and is available 24/7 from his Glendale office serving all of Los Angeles County.
Frequently Asked Questions About DUI Wrongful Death Claims
Can I file a wrongful death lawsuit while the criminal case is still pending?
Yes. The civil and criminal cases are completely separate. You do not need to wait for the criminal case to conclude before filing your wrongful death claim, and in fact, filing early can help preserve evidence.
What if the drunk driver has no money or assets?
The drunk driver’s auto insurance policy is the primary source of compensation. Additionally, if a bar or employer contributed to the intoxication, their insurance may also apply. Attorney Desai identifies all available sources of recovery.
Are punitive damages taxable?
Compensatory wrongful death damages are generally not subject to federal income tax. However, punitive damages are taxable. Consult a tax professional for advice specific to your situation.
What is the Watson murder doctrine?
Under the Watson doctrine, a prosecutor may charge a DUI driver with second-degree murder if the driver had a prior DUI conviction and was warned about the deadly consequences of drunk driving. A Watson murder conviction can strengthen the civil wrongful death claim by establishing extreme recklessness.
How long does a DUI wrongful death case take to resolve?
These cases typically take 12 to 24 months, though cases involving multiple defendants or complex punitive damage calculations may take longer. Mr. Desai provides realistic timeline guidance during your free consultation.
Free Consultation — Hold the Drunk Driver Accountable
Your family deserves justice. Call Anand Desai at (833) 270-7800 for a free consultation. Contact us online anytime — 24/7. No win, no fee.