Inland Empire Car and Truck Accident Law Podcast with Deborah Song

What Are Punitive Damages in a California DUI Crash Case?

Episode 8 • 34:32

Punitive damages are money meant to punish a wrongdoer and discourage others, and in California, a drunk driving crash can qualify because choosing to drive drunk shows the extreme recklessness the law requires, proven by clear and convincing evidence. Deborah Song of Empire Law explains to Brooke how the criminal case helps your claim and who pays when insurance won't. Questions answered in this episode: How does the criminal DUI case affect your injury claim? Who pays punitive damages in a California DUI case? What happens when the drunk driver has little or no insurance? How long do you have to file after a DUI crash in California? Topics covered: parallel criminal and civil cases, criminal restitution, DUI convictions and guilty pleas, the 0.08 BAC legal limit, chemical blood and breath tests, field sobriety tests, police collision and DUI arrest reports, punitive damages, extreme recklessness, clear and convincing evidence, uninsurable punitive awards, serving obviously intoxicated minors under 21, employer liability, brain and spinal cord injuries, maximum medical improvement, policy limits, wrongful death, underinsured motorist and med pay coverage, garden variety emotional distress, DA victim advocates, and the two-year filing deadline. Deborah Song on punitive damages: "But punitive damages, they exist specifically to punish the wrongdoer and to discourage others from doing the same thing in the future." Deborah Song on who pays: "So any separate punitive award must come out of the personal bank account of the driver and assets because the insurance doesn't cover it." Deborah Song is the Founder and Managing Attorney of Empire Law. Free consultation: empireatty.com Phone: (951) 456-3891 Office: Norco, CA Recorded: August 2026 #PunitiveDamages #DrunkDrivingAccident #DUICrash #WrongfulDeath #UnderinsuredMotorist #InlandEmpireInjuryLawyer Recorded August 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so the discussion here may no longer be current at the time you view or listen to it and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state. Chapters 00:00:00 Welcome to Inland Empire Car and Truck Accident Law with Deborah Song 00:01:19 What Makes a Drunk Driving Crash Different From a Normal Car Accident? 00:02:45 How Can a DUI Conviction Prove Fault in a Civil Injury Claim? 00:04:08 How Does a 0.08 BAC Test Help Prove a Driver Was Impaired? 00:05:53 Can You Still Win an Injury Claim If the Drunk Driver Wasn't Convicted? 00:06:57 How Do Field Sobriety and Breathalyzer Tests Help a DUI Injury Claim? 00:08:19 Why Can a DUI Crash Lead to Punitive Damages in California? 00:09:45 What Must You Prove to Recover Punitive Damages in California? 00:11:09 Who Pays Punitive Damages When Insurance Won't Cover Them in California? 00:12:47 When Can a Bar or Party Host Be Liable for Over-Serving in California? 00:14:15 Why Can Drunk Driving Crashes Cause Catastrophic Injuries? 00:16:57 How Much Is a Drunk Driving Crash Case Worth in California? 00:18:34 When Does a Drunk Driving Crash Become a Wrongful Death Claim? 00:20:21 How Does Underinsured Motorist Coverage Protect You After a DUI Crash? 00:22:08 Can You Recover for Emotional Distress After a DUI Crash in California? 00:25:09 What Should You Do After a Drunk Driver Hits You in California? 00:26:56 Do You Have to Wait for the DUI Criminal Case Before Filing an Injury Claim? 00:29:16 How Long Do You Have to File a DUI Crash Injury Claim in California? 00:30:14 When Should You Talk to a Lawyer After a Drunk Driving Crash? 00:31:40 What Should You Bring to a DUI Crash Lawyer Consultation in Norco? 00:33:13 What Is the One Thing Every DUI Crash Victim Should Remember?