San Jose Drunk Driving Accident Lawyer
They Chose to Drive Impaired. We Make Them Answer for It.
The criminal case punishes a drunk driver; it doesn’t pay your bills. Our San Jose DUI accident attorneys pursue the compensation you need, from the driver and from anyone else who shares the blame.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
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A DUI Crash Is a Crime. Your Recovery Is a Separate Fight.
Being hit by a drunk driver carries a particular kind of injury: the knowledge that someone chose to get behind the wheel impaired, and that choice changed your life. Many of our clients carry that weight for years, alongside the physical recovery.
Most people assume the claim will be easy because the other driver was drunk. It rarely is. Insurers still argue you were partly at fault, that the alcohol wasn’t what caused your injuries, or that your injuries were pre-existing or exaggerated. You may have a claim if:
The driver who hit you had been drinking or using drugs, whether or not they were arrested
You were hurt as a driver, a pedestrian, or a passenger, including in the impaired driver's own car
Your family lost a loved one in an alcohol-related crash
We handle the civil case while prosecutors handle the criminal one. The consultation is free, and you pay nothing unless we win.
What to Do After Being Hit by a Drunk Driver
Call 911 and tell the dispatcher you suspect impairment.
Officers at the scene can test the driver; that evidence is hard to recreate later.
Don't confront the driver.
Impaired people are unpredictable. Stay safe and let police handle them.
Note the signs you saw.
Slurred speech, the smell of alcohol, open containers, stumbling, erratic driving before the crash. Write it down while it’s fresh.
Get witnesses' names and numbers.
People who saw the driving, or who saw the driver at a bar or party beforehand, can matter to who else is liable.
Get medical care immediately.
Seek treatment even if you feel fine; brain injuries and internal injuries can surface later.
Call us before talking to any insurer.
We handle the insurers and track the criminal case so its evidence can support your claim.
Who Can Be Held Responsible for a DUI Crash?
The impaired driver
The driver’s liability insurance is the first source of recovery, and in extreme cases like drunk driving, California allows punitive damages to punish the conduct on top of your compensation.
A bar or restaurant that served them
California’s dram shop rules are narrow, but a business that served an obviously intoxicated minor who then caused the crash may share responsibility.
The vehicle owner or employer
An owner who knowingly let an impaired person drive their car, or an employer who let an intoxicated worker drive a company vehicle, can be held accountable too.
Your own UM/UIM coverage
If the drunk driver had no insurance or too little of it, your uninsured/underinsured motorist coverage can fill the gap.
How We Build a Drunk Driving Injury Case
Time matters more in DUI cases than almost any other crash. BAC results, witness memories, receipts, and scene details all get harder to collect the longer a case sits. We move to preserve them, then build the proof from every direction:
- The police report and any breath or blood test results
- Toxicology findings, including drugs and prescription medication
- Witness accounts of the driving and of the driver’s condition
- Bar and restaurant receipts and surveillance video showing where the driver was drinking
- Records from the criminal case as it moves forward
We also look beyond the driver, and beyond the medical bills. We work with medical professionals, mental health providers, and life care planners so that lasting harm like brain injury, PTSD, chronic pain, and the strain on your relationships is documented and valued, not overlooked.
California DUI Accident Law: What Victims Should Know
The civil case is separate from the criminal case
A DUI prosecution ends with penalties and license consequences for the driver. Only a civil claim compensates you, and you need to pursue it yourself.
The burden of proof is lower
A criminal conviction requires proof beyond a reasonable doubt. A civil claim does not, so you can win even if the driver is never convicted, or never arrested at all, by showing they drove negligently.
Partial fault doesn't bar you
Defense lawyers often claim the victim contributed to the crash. Under pure comparative negligence, any share of fault only reduces your recovery.
Two years, and sometimes less
You generally have two years from the injury to file a lawsuit. If government negligence, such as a dangerous road, contributed to the crash, a claim can be due within six months.
What Our Clients Say
Her services were outstanding. About a half year ago when I got into an accident, I had consultations with several personal injury law firms. I went with Jimin because I…
Hyunah Jang
If I didn't have Jimin and her people I would have been left with broken bones penniless and without a job. Prior to getting into contact with her my insurance…
Davina Barriga
Jimin Oh is not only an excellent and professional lawyer but she is also very kind, understanding and easy to talk to. Jimin was very helpful and patient in answering…
Katie J.
San Jose Drunk Driving Accident FAQs
What should I do after being hit by a drunk driver?
Call 911, get medical attention, and make sure a police report is filed. If you can, photograph the scene, collect witness information, and get the driver’s insurance details. Then call us: we’ll handle the insurers and protect your rights from the start.
Can I sue a drunk driver who is also facing criminal charges?
Yes. The criminal case punishes the driver; a civil claim compensates you for medical bills, lost wages, and pain and suffering. The two run separately, and prosecutors don’t handle your compensation.
Does a DUI conviction help my injury claim?
It can strengthen it considerably, because it confirms the driver’s negligence. But you don’t need a conviction: civil liability can be proven with other evidence.
How do you prove the driver was intoxicated?
With police reports, breath or blood test results, and witness statements, plus evidence like bar receipts and surveillance video showing where and how much the driver was drinking.
What if the driver was on drugs or prescription medication?
The claim works the same way. Whether it was illegal drugs, marijuana, or prescription medication, toxicology reports and the driver’s behavior can prove impairment and negligence.
What if the drunk driver was uninsured or underinsured?
You may still recover through your own uninsured/underinsured motorist coverage, and possibly from other responsible parties. We make sure those claims are filed correctly so you get the full benefit of your policy.
I was a passenger in the drunk driver's car. Can I still recover?
Often, yes, especially if you didn’t know the driver was impaired. These cases can be delicate, and insurers will look hard at what you knew; we handle them carefully.
How long do I have to file?
In most cases, two years from the date of the injury. If a government entity’s negligence played a part, the deadline can be as short as six months.
Get Your Free, Confidential Case Review, 24/7
Test results, receipts, and footage are easiest to secure in the first days after a crash. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
