Injured in a drunk driving accident in Palmdale, CA? Contact the top Palmdale DUI accident lawyer to seek justice and compensation.
A drunk driver made a decision, and now you are the one living with the consequences: hospital bills stacking up, paychecks you cannot bring home while you recover, and a body that does not move the way it did before the crash. While you focus on healing, the drunk driver’s insurance company is already building a file to pay you as little as possible.
At Kuzyk Personal Injury & Car Accident Lawyers, our Palmdale drunk driving accident lawyers specializing in representing injury victims move fast to secure the police report, BAC results, and surveillance footage that prove what happened before that evidence disappears. We understand how California’s comparative negligence rules can be used to shrink a payout, and we build every case to withstand that argument from the start. With decades of experience serving Palmdale and the rest of the Antelope Valley, we know how to hold a drunk driver, and every insurer on the hook, fully accountable.
Contact us today for a free consultation and discover how our drunk driving accident & DUI injury attorneys in Palmdale can help you seek the compensation and justice you deserve.
DUI Liability in California
The choices you make in the hours after a drunk driving crash shape everything that follows. Here is what matters most:
- Call 911 and insist on a police report: Documentation of the scene triggers a sobriety test. A DUI arrest on record becomes the clearest possible evidence that the other driver was negligent.
- Seek medical attention right away: Serious injuries, including traumatic brain injury and internal bleeding, often have no immediate symptoms. A prompt evaluation protects your health and creates a dated record linking your injuries directly to the crash.
- Document the scene before you leave: Photograph both vehicles, road conditions, and any visible injuries. Get names and contact information from witnesses while they are still present.
- Decline to give a recorded statement: The at-fault driver’s insurance company will call quickly. Politely decline until you have spoken with an attorney. Adjusters are trained to use your words to minimize what they pay.
California Vehicle Code ยง23152 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
The threshold drops to 0.04% for commercial drivers and to any measurable amount for drivers under 21.
When a driver breaks that law and injures you, the legal doctrine negligence per se applies. This means the act of driving drunk is itself proof of negligence. You do not have to separately argue that the driver was being careless. Their violation of the law establishes it on its own.
Your civil injury claim runs independently of any criminal proceedings. A dismissed charge, a plea deal, or a not-guilty verdict in criminal court does not close the door on your right to sue and recover compensation.
How a DUI Arrest Affects Your Claim
A failed sobriety test, a positive BAC result, or a DUI citation makes it nearly impossible for an insurer to dispute that their driver was at fault. When liability is that clear, insurance companies have far less leverage to push your claim downward.
California’s Pure Comparative Negligence Rule
California is a pure comparative negligence state, meaning you can recover damages even if you were partly responsible for the crash. Your total award is reduced by your percentage of fault. A finding of 20% fault on a $150,000 claim still leaves you with $120,000.
One pattern we see in comparative negligence disputes coming out of Palmdale is an insurer trying to pin partial fault on the injured person over something as minor as a lane change on SR-14 moments before the drunk driver hit them. These disputes get litigated out of the Antelope Valley Courthouse in Lancaster, and they rarely hold up once the police report already documents the other driver’s BAC. We treat every comparative fault argument as a fight worth having, not a discount to accept.
Who Can Be Held Responsible?
Whether the impaired motorist crashed into another vehicle or struck a pedestrian in a crosswalk, the drunk driver is the obvious defendant. But in many cases, they are not the only party who bears legal responsibility.
| Responsible Party | When They Can Be Liable |
| The drunk driver | They caused the crash while impaired |
| A bar or restaurant | They served alcohol to a visibly intoxicated minor who then caused the crash |
| A social host | They knowingly provided alcohol to a person under 21 at a private event |
| Your own insurer (UM/UIM) | The drunk driver had no insurance or limits too low to cover your damages |
California’s minimum liability limits are often far too low to fully cover a serious injury claim or a wrongful death loss. Your own uninsured/underinsured motorist (UM/UIM) coverage is designed to bridge that gap when the at-fault driver’s policy falls short.
โUninsured motorist coverage is coverage everybody should have. I wish I had a nickel for every client who said, โOh, Iโve got full coverageโ โ thereโs full, and thereโs a lot more full.โ โ Mark Anderson
What we see consistently in Palmdale DUI claims is that the at-fault driver’s policy limits get exhausted fast once the medical bills from Antelope Valley Hospital or Palmdale Regional Medical Center come in, and the injured person ends up filing a UM/UIM claim against their own carrier just to get made whole. The UM/UIM adjuster on that side of the claim slow-walks the file every bit as hard as the at-fault insurer does. We push both insurers to move on the same timeline rather than let one wait out the other.
What Compensation Covers
A fair settlement accounts for every consequence of the crash, not just the initial medical bills. We pursue your full range of damages:
- Medical costs: Emergency care, surgery, hospitalization, physical therapy, prescription medication, and all future treatment your injuries require.
- Lost wages: Income you could not earn while recovering from your injuries.
- Reduced earning capacity: If your injuries permanently limit your ability to work at the same level, that long-term financial loss is part of your claim.
- Property damage: The fair cost to repair or replace your vehicle.
- Pain and suffering: Physical pain, emotional distress, anxiety, PTSD, and the disruption the crash caused to your daily life.
- Loss of consortium: Compensation for the impact your injuries have on your relationship with your spouse or partner.
Winning matters. But what you keep matters more. Every dollar we recover is tracked, negotiated, and protected all the way through final disbursement.
Punitive Damages in Drunk Driving Cases
Beyond compensatory damages, DUI cases frequently support a claim for punitive damages. These are not tied to a specific financial loss. They exist to punish the drunk driver for their conduct and deter others from making the same decision.
Under California Civil Code ยง3294, punitive damages are available when a defendant’s actions show malice, meaning conduct carried on with a conscious disregard for the safety of others. California courts have consistently held that the deliberate choice to drive drunk satisfies that standard.
There is also a strategic dimension worth understanding. A defendant’s auto insurer cannot legally pay punitive damages. That liability falls on the drunk driver personally. That personal financial exposure creates strong pressure on the insurer to raise their offer on the underlying injury claim.
How Long You Have to File
California law sets strict deadlines, called statutes of limitations, on your right to pursue a DUI injury claim. Miss the window and you permanently lose the right to recover, regardless of how strong your case is.
- Personal injury: Two years from the date of the crash.
- Property damage: Three years from the date of the crash.
- Claims against a government entity: Six months from the date of the incident.
- Injured minors: The two-year clock typically begins on the minor’s 18th birthday.
Evidence disappears. Witnesses become harder to find. The sooner we open your file, the stronger your case will be.
โThe longer somebody deals directly with an insurance company before a lawyer gets involved, the more the case gets compromised. By then, they donโt need a lawyer, they need a magician.โ โ Mark Anderson
How We Build Your DUI Case
We prepare every case as if a jury will decide it. That preparation is exactly why insurance companies come to the table with more money long before a trial ever happens.
Evidence We Secure
We go well beyond the police report. Our team subpoenas BAC and toxicology results, bodycam footage from arresting officers, 911 dispatch audio, and bar or restaurant records where a dram shop claim is viable. Palmdale’s main corridors, including SR-14, Palmdale Boulevard, Pearblossom Highway, Avenue S, and Rancho Vista Boulevard, are covered by commercial and municipal surveillance cameras. We move quickly to obtain that footage before it is overwritten.
โOne of the worst things somebody not represented by an attorney can do is give a statement to the insurance company. Theyโre professionals at asking questions in order to trap you and make your case look bad.โ โ Mark Anderson
Medical Records and Causation
Insurance adjusters routinely argue that injuries were pre-existing or unrelated to the crash. We work with your treating physicians to document your diagnosis, treatment plan, and long-term prognosis, building a medical record that directly ties your injuries to the drunk driver’s actions and closes the door on those arguments.
Across the DUI cases we handle out of the Antelope Valley, the recurring problem is the gap between when the crash happens and when a client first talks to a lawyer. Toxicology results and bodycam footage from agencies covering the SR-14 and Sierra Highway corridor get purged or overwritten within weeks, and once that evidence is gone, the insurer’s version of events becomes much harder to challenge. We open an evidence hold within days specifically to keep that gap from closing on our clients.
What You Actually Keep
A settlement number that looks impressive can shrink fast once liens, fees, and costs are applied. Medical providers and health insurers hold a legal right, called a lien, to be reimbursed from your recovery, and without negotiation, they collect in full.
We challenge and reduce medical and health-plan liens before any disbursement is made, regularly recovering thousands of additional dollars that stay with our clients rather than going to providers. Every cost is itemized in writing, and we review that breakdown with you before a single dollar is distributed. You know exactly where your money goes, and why. No hidden math. No surprises.
Results That Speak for Themselves
Insurance companies count on injured people accepting the first offer, before they understand what their case is actually worth. We have spent more than 50 years showing them what happens when someone does not.
- Initial offer: $3,800 โ Final recovery: $100,000
- Initial offer: $56,000 โ Final recovery: $2,800,000
Since 1971, our firm has secured substantial recoveries for injured clients. Many of our new clients come to us through referrals from neighbors, former clients, and professionals across Lancaster, Palmdale, and the Antelope Valley who trust us with the people they care about. That number tells you more than any billboard ever could.
Why Choose Kuzyk Law for a Palmdale DUI Case
We have never represented an insurance company. We have never taken a defense case. Since 1971, every person we have represented has been an injured person, and that has never changed.
- Exclusively plaintiff-side: No conflicts, no insurance defense. That is not a policy. It is who we are.
- Rooted in the Antelope Valley: Our Lancaster office at 1700 W. Avenue K has served Palmdale and surrounding communities for more than five decades.
- 30+ legal professionals: Attorneys Reid Breitman, Robert Ryan, Mark Anderson, and Tyler Oldham-Monroe lead a team built for DUI litigation from first call through trial.
- Bilingual services: We proudly serve Spanish-speaking clients with the same standard of care as every other person we represent.
- 24/7 availability: We answer when you call, including nights, weekends, and holidays.
- Nothing owed unless we win: Your consultation is free. You pay no fees unless we recover compensation for you.
Palmdale DUI Accident FAQs
Can I File a Civil Claim if the Drunk Driver Was Not Convicted?
Yes. Civil cases apply a lower standard of proof than criminal courts. We only need to show it is more likely than not that the driver was intoxicated and caused your injuries. A criminal conviction is not required.
How Long Does a Palmdale DUI Injury Case Take to Resolve?
Most cases reach a resolution within several months to a year, though matters involving severe injuries or disputed liability can take longer. We give you a realistic timeline based on the specifics of your case from the first conversation.
What Happens if the Drunk Driver Had No Insurance?
Your own Uninsured Motorist (UM) coverage exists precisely for this situation. We help you file that claim and fight for the full benefits your policy provides.
Can a Bar or Restaurant Be Held Liable for a Palmdale DUI Crash?
In limited circumstances, yes. California’s dram shop law allows a civil claim against an establishment that served alcohol to a visibly intoxicated minor who later caused a crash.
Will My Settlement Cover Future Medical Treatment?
It should, and we make sure it does before anything is signed. We work with your treating physicians to project and document future care costs so you are not left paying those expenses out of pocket later.