Injured as a Passenger in a Drunk Driver’s Car? Know Your Rights and Legal Options

Why This Question Matters

Passengers frequently come to regret their choice to get into a car with an intoxicated driver. Even if you could have trusted the driver, their careless choice to operate a vehicle while intoxicated might have disastrous results and cause severe injury. Oftentimes, passengers wonder about their legal rights, whether they can seek compensation, and whether the law protects them. California law significantly protects wounded passengers, and if an intoxicated driver causes an accident that hurts you, you can typically still file a claim.

Understanding Liability in Drunk Driving Passenger Cases

In personal injury cases, liability is the central issue. If you were a passenger in a car operated by someone who was intoxicated, that driver is almost always considered negligent. Their insurance company is generally responsible for covering your injuries, medical expenses, and other damages. 

Liability, however, may not rest solely on the drunk driver. If another vehicle was also involved in the accident and contributed to the crash, you may be able to pursue claims against multiple parties based on several liabilities. In cases where the drunk driver lacks insurance or has limited coverage, you may also have the option of filing a claim through your own uninsured or underinsured motorist policy.

Do Passengers Ever Share Responsibility?

Sometimes a court or insurance company may argue that a passenger shares some responsibility. Below are some ways that a passenger may be responsible:

• Supplied alcohol to the driver
• Encouraged them to drive while intoxicated
• Got into the car with knowledge of the impaired driver

California follows a comparative negligence system, which means that even if you are found partly at fault, you may still recover damages, but your percentage of fault may reduce your award. For instance, if a jury awards you $100,000 but finds you 20 percent responsible for knowingly getting into the car, you may only receive $80,000. Even with this rule, most passengers still have strong claims because the bulk of responsibility almost always lies with the impaired driver.

Types of Compensation for Injured Passengers

• Medical bills for emergency care, hospital treatment, follow-up appointments, rehabilitation, and medication.
• Lost income if your injuries prevent you from returning to work or if you lose future earning capacity.
• Pain and suffering damages for the physical and emotional toll of your injuries.
• Property damage to personal belongings, including phones and laptops, occurred in the crash.

• Punitive damages serve to punish and deter, especially in cases of reckless drunk driving.

These damages are not just about financial recovery; instead, they will help you rebuild your life after an event that could have lasting consequences.

Legal Considerations Specific to California

Drinking and driving is a grave offense, especially in the state of California. A driver caught operating a vehicle while under the influence can face criminal charges in addition to civil liability. This means prosecutors may take the driver to criminal court for breaking the law, while you can pursue a civil claim for damages. You can use evidence from the criminal case, such as a DUI conviction, to support your personal injury case.

California Insurance Requirements and Uninsured Motorist Coverage

It is also worth noting that California requires drivers to carry a minimum amount of liability insurance. However, many drivers only have the minimum coverage, which may not be enough to cover all their damages if their injuries are severe. In these situations, uninsured or underinsured motorist coverage can play a crucial role in ensuring you are not left paying medical bills out of pocket.

For more details about how California regulates DUI offenses, you can review information from the California Office of Traffic Safety and the California DMV. These resources underscore the state’s seriousness in addressing impaired driving.

Steps You Should Take After the Accident

1. Seek immediate medical attention
2. Obtain a copy of the police report
3. Document the accident
4. Collect witness information
5. Consult with a personal injury attorney

Taking these steps does not guarantee compensation, but it does increase your chances of building a strong case that supports your claim.

Why Having Legal Representation Matters

Insurance companies have one goal: to pay as little as possible. When you are injured in a drunk driving accident as a passenger, you may find that insurers try to shift blame or argue that your injuries are not as severe as you claim. Having an experienced attorney means having someone who understands these tactics and knows how to counter them.

A lawyer can help you calculate the following:

• Actual value of your claim
• Negotiate a fair settlement
• If necessary, take your case to trial.

Without legal guidance, you may walk away with far less than what you deserve.

How KAASS LAW Can Help

At KAASS LAW, we understand how overwhelming it can be to suffer injuries as a passenger in a drunk driving accident. You may be facing medical bills, time off work, and lasting trauma because of someone else’s reckless decision. Our team stands up for victims and prevents insurance companies from taking advantage of you.

We thoroughly investigate every case, reviewing police reports, medical records, and insurance coverage to build the most substantial claim possible. Whether we negotiate with the drunk driver’s insurer or pursue additional compensation, we fight for your rights. If a drunk driving accident injures you as a passenger, don’t assume you have no options.  Contact KAASS LAW and let us handle it!