Pedestrians struck by drunk drivers in Los Angeles sustain some of the most severe injuries seen in personal injury litigation. Without the structural protection of a vehicle, the human body absorbs the full force of the impact.
The resulting injuries are frequently catastrophic, permanently disabling, or fatal. When an impaired driver causes those injuries, California law provides meaningful avenues for holding them accountable and pursuing the full compensation you are owed for your losses.
Salamati Law has devoted the last 20 years to seriously injured victims of negligence throughout the greater Los Angeles area. Our pedestrian accident attorneys offer zealous, results-oriented legal representation. We aggressively advocate for your best interests, including maximum compensation in a drunk driving accident. We never back down in a fight against the big insurance companies. Schedule a free consultation today. See our recent case results here.
Common Injuries After a Drunk Driving Accident
Los Angeles is a city where pedestrians and vehicles constantly share crosswalks, intersections, parking lots, and sidewalks. Under normal conditions, that balance usually holds. However, when a driver is impaired, the results can be deadly.
Drunk drivers often don’t brake in time, drift into crosswalks, run red lights, or fail to see someone crossing until it’s too late.
Pedestrian injuries in these crashes are often serious:
- Traumatic brain injuries (TBIs), ranging from concussions to permanent cognitive impairment
- Spinal cord injuries, which can result in partial or full paralysis
- Broken or shattered bones requiring surgery and extended recovery
- Internal injuries that may not show symptoms right away
- Chronic pain and limited mobility
- Emotional trauma, including PTSD and anxiety
A word of caution: even if you feel okay immediately after a drunk driving crash, it’s wise to see a doctor as soon as possible. Injuries like internal bleeding and brain trauma often have delayed onset symptoms, and getting checked out protects both your health and your legal claim.
Who Can Be Held Liable?
In a drunk driving pedestrian accident, the impaired driver bears primary responsibility. However, California law recognizes that liability can extend well beyond the driver alone.
A thorough investigation may identify additional defendants, including:
- The drunk driver, who faces both civil liability and criminal prosecution under California Vehicle Code § 23152 for operating a vehicle while impaired
- A vehicle owner, who may be liable under California’s permissive use doctrine if they knowingly allowed an impaired or otherwise unsafe driver to operate their vehicle
- An employer, if the driver was acting within the scope of their employment at the time of the crash, exposes the company to vicarious liability under the doctrine of respondeat superior.
- A bar or restaurant, under California’s dram shop laws, if the establishment provided alcohol to a person under the age of 21. Unlike many other states, California does not impose civil liability on alcohol providers for serving intoxicated adults. However, serving a minor is a recognized exception that can expose the establishment to civil liability for resulting injuries.
- A government entity, if a defective road condition, malfunctioning traffic signal, or inadequate crosswalk infrastructure contributed to the crash, is subject to the Government Claims Act’s six-month filing deadline.
Identifying every liable party is not merely a legal formality; it directly affects the total compensation available to you.
How a Pedestrian Accident Lawyer Can Prove Liability
Proving liability in a drunk driving pedestrian accident requires more than a DUI arrest or conviction. It requires building an independent civil case. Evidence typically includes the police report and DUI arrest record, toxicology results, eyewitness testimony, surveillance footage, and accident reconstruction when the mechanics of the crash are in dispute.
A criminal conviction is not required to prevail in a civil claim. California’s preponderance of the evidence standard is a lower bar than the criminal standard of proof, meaning an acquittal in criminal court does not bar a civil recovery.
At Salamati Law, we begin building that civil case from the moment you retain us: preserving evidence, securing records, and identifying every liable party before critical documentation disappears. Our goal is to construct the strongest possible claim on your behalf, independent of how the criminal case resolves.
Steps to Take After a Drunk Driving Pedestrian Accident
What you do in the hours and days after a drunk driving crash matters. Here’s what we recommend:
- Call 911. A police report is one of the most important pieces of evidence in your claim. Responding officers will document the scene, note observable signs of impairment, and initiate sobriety testing; all of which can establish the driver’s intoxication and directly support your case.
- Get medical care right away. Even a minor injury should be evaluated by a doctor. Medical records that connect your injuries to the accident are essential to any legal claim.
- Gather evidence if you’re able. Photographs of the scene, the vehicle, your injuries, and any road conditions can be valuable. Get contact information from witnesses before they leave.
- Do not speak with any insurance company before consulting an attorney. Following an accident, insurers, including your own, may quickly contact you. Do not give a recorded statement, answer questions about your injuries, or discuss the circumstances of the accident until you have legal representation. Anything you say can be used to minimize or deny your claim.
- Document your recovery from day one. Keep records of every medical visit, prescription, and missed workday. Note daily how your injuries are affecting your mobility, sleep, and ability to perform routine tasks. This contemporaneous record becomes the foundation of your pain and suffering damages. See our guide on how to document your injuries after a pedestrian accident.
Potential Compensation for Pedestrian Accidents
At Salamati Law, we build every case around the full scope of your losses, economic and non-economic, to pursue the maximum compensation available under California law.
Economic damages cover tangible, measurable costs:
- Medical bills (current and future)
- Lost wages and reduced earning capacity if your injuries affect your ability to work long-term
- Rehabilitation and any in-home care you may need going forward
Non-economic damages compensate for losses that have no fixed monetary value:
- Pain you’ve endured
- Emotional distress
- Loss of enjoyment of life
Punitive Damages
In drunk driving cases, punitive damages may also be available. They can be awarded where the defendant’s conduct constitutes malice, oppression, or conscious disregard for the safety of others; a standard that the deliberate choice to drive while impaired may satisfy.
Not every case qualifies, and the burden of proof is clear and convincing evidence, a higher threshold than the preponderance standard that governs compensatory damages.
Why Legal Representation Matters in a DUI Pedestrian Accident Claim
A DUI arrest does not guarantee fair compensation. Insurance companies representing impaired drivers are experienced at limiting payouts, and they move quickly after an accident.
One common tactic involves California’s pure comparative fault rule. If the defense can establish that you share any percentage of responsibility for the crash, crossing outside a marked crosswalk, for example, or entering an intersection against a signal, your recovery will be reduced proportionally. At Salamati Law, we anticipate these arguments and build cases designed to withstand them.
Evidence is also time-sensitive. Surveillance footage is routinely overwritten within days, witnesses’ recollections fade, and BAC and toxicology records must be preserved and obtained through proper legal channels before they become unavailable.
Early attorney involvement is not just advisable; it is often the difference between a strong claim and a compromised one.
Frequently Asked Questions
Q: What if the drunk driver had minimal insurance?
A: This is a common problem. Salamati Law may be able to pursue your own uninsured/underinsured motorist coverage, identify other liable parties, or explore additional avenues of recovery to help bridge the gap.
Q: What if I were crossing outside a crosswalk?
A: You may still be able to recover compensation. California’s comparative fault system reduces, but doesn’t eliminate, your recovery based on your share of responsibility. The full picture of the accident matters. Our legal team is here to evaluate your specific situation.
Q: Does the criminal DUI case affect my civil claim?
A: They’re separate legal proceedings. A conviction or guilty plea can support your civil case as evidence, but you don’t have to wait for the criminal process to conclude before pursuing compensation.
Q. What is the statute of limitations?
A. In most cases, you have two years from the date of the accident to file a personal injury lawsuit. However, if a government entity is among the liable parties, a malfunctioning traffic signal or poorly maintained crosswalk, for instance, the Government Claims Act requires a Notice of Claim to be filed within six months. Missing either deadline can permanently bar your right to recovery.
Schedule a Free Consultation at Salamati Law
If a drunk driver injured you as a pedestrian anywhere in Los Angeles, California, Salamati Law is ready to fight for you. Schedule a free, no-obligation consultation. We’ll answer your questions honestly and help you understand your options. Reach out today to speak with a drunk driving pedestrian accident lawyer who is committed to helping you move forward.
