Drunk Driving Accident Lawyer in San Francisco
Compassionate, Skilled Personal Injury Representation Throughout the Bay Area
If you or a loved one has been injured by an impaired driver in SF, you need an experienced drunk driving accident lawyer who understands both California law and the devastating impact these crashes can have. At Rouda Feder Tietjen & McGuinn, we help crash victims pursue full compensation for their injuries, financial losses, and emotional suffering caused by negligent drivers who chose to get behind the wheel while intoxicated.
Since 1980, our firm has represented victims in the Bay Area, and we know precisely how to handle complex car accident cases. We have recovered more than $500 million dollars in settlements and verdicts on behalf of our clients, and we have resolved thousands of cases throughout the San Francisco area. Each of our attorneys is passionate about fighting for the rights of the injured, and we want to make sure your voice is heard.
Call our firm at (415) 940-7176 or complete our online form to discuss your car accident case with our personal injury attorneys.
Drunk Driving Laws in California
California has some of the strictest DUI laws in the country, designed to deter impaired driving and punish those who violate the safety of our streets. Under California Vehicle Code 23152, it is illegal for any person to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For commercial drivers, this limit drops to 0.04%, and for drivers under the age of 21, California enforces a "Zero Tolerance" policy (0.01% BAC).
It is important to understand that a drunk driving incident creates two separate cases:
- The Criminal Case: Handled by the District Attorney to determine jail time, fines, and license suspension.
- The Civil Case: A personal injury lawsuit filed by the victim (plaintiff) to recover financial damages.
While the criminal case punishes the driver, it rarely provides full financial support for the victim’s medical bills or lost wages. Our team monitors criminal proceedings closely. A DUI conviction can serve as powerful evidence of "negligence per se" in your civil claim, making it easier to establish liability.
How Alcohol Impairs Your Ability to Drive
Alcohol affects the brain and body in ways that make safe driving nearly impossible. Even small amounts of alcohol can impair judgment and reaction time.
Common effects of alcohol impairment include:
- Reduced reaction time: Slower responses to traffic signals, hazards, and sudden changes
- Poor judgment: Increased risk-taking behavior and inability to assess danger
- Decreased coordination: Difficulty steering, braking, and maintaining lane position
- Impaired vision: Blurred or double vision and reduced peripheral awareness
- Drowsiness: Increased likelihood of falling asleep at the wheel
As intoxication increases, these impairments become more severe, dramatically raising the likelihood of catastrophic accidents.
Proving Liability Against a Drunk Driver
To recover compensation after a drunk driving accident, you must establish liability. In California, this typically involves proving negligence.
Key elements of a successful claim include:
- Duty of care: The driver had a responsibility to operate their vehicle safely
- Breach of duty: Driving under the influence violates that duty
- Causation: The driver’s impairment directly caused the accident
- Damages: You suffered measurable harm (medical bills, lost wages, pain and suffering)
Evidence used to prove liability may include:
- Police reports and DUI arrest records
- Breathalyzer or blood test results
- Eyewitness testimony
- Surveillance or traffic camera footage
- Accident reconstruction analysis
In many cases, DUI-related evidence strengthens a victim’s personal injury claim, as intoxicated driving is a clear form of negligence.
California Dram Shop & Social Host Liability
Many victims wonder if the bar, restaurant, or individual who provided the alcohol can also be held liable. In California, "Dram Shop" laws are more restrictive than in many other states. Under California Civil Code Section 1714, businesses and social hosts are generally not held liable for injuries caused by an intoxicated person they served alcohol to. The law states that the consumption of alcohol, rather than the serving of alcohol, is the proximate cause of injuries.
However, there is a critical exception: Liability can be established if a licensed business (like a bar or liquor store) or a social host knowingly serves alcohol to an obviously intoxicated minor. If a minor was served alcohol and subsequently caused your accident, Rouda Feder Tietjen & McGuinn will aggressively pursue a claim against the provider of that alcohol for their role in the tragedy.
Damages Available in a Drunk Driving Accident Claim
Victims of drunk driving accidents in San Francisco may be entitled to recover compensation for both economic and non-economic damages, including:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Rehabilitation and long-term care costs
In some cases, punitive damages may also be awarded to punish particularly reckless behavior, such as driving under the influence.
Frequently Asked Questions
How long do I have to file a claim in California?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can prevent you from recovering compensation.
Can I still recover damages if the drunk driver is uninsured?
Yes. You may be able to file a claim through your own uninsured/underinsured motorist coverage or explore other liable parties.
What if I was partially at fault?
California follows a comparative negligence rule. You can still recover compensation, but your damages may be reduced based on your percentage of fault.
Will a DUI conviction help my case?
Yes. A DUI conviction can serve as strong evidence of negligence in your personal injury claim.
How much is my case worth?
The value of your case depends on factors such as the severity of your injuries, medical costs, lost income, and long-term impact on your life.
Ready to Help You Today
Rouda Feder Tietjen & McGuinn knows how difficult it can be to deal with a personal injury case while you try to recover from the physical and emotional strain of an accident. That’s why our firm is dedicated to making the legal process as simple and expedient as possible. With over 150 years of combined experience, we have offered our clients the compassion and communication they need when they need it.
Contact Rouda Feder Tietjen & McGuinn for a free consultation regarding your drunk driving accident in the Bay Area. Call (415) 940-7176 as soon as possible.
Real Stories. Real People.
See what our clients have to say
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A knowledgeable and compassionate team, the lawyers at Rouda Feder Tietjen & McGuinn are a true pleasure. And, most importantly, they deliver results; we got the outcome we were after and felt cared for every step of the way. With this team behind you,- Lisa
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- Client of RFTM
I had the pleasure of working with June Bashant, and she truly exceeded all expectations. After my devastating accident, June and her team worked tirelessly on my behalf, leaving no stone unturned to secure the best possible outcome. She is a powerhouse of tenacity and determination, relentlessly pursuing justice with an innovative, out-of-the-box approach that led to life-changing results, including care that will last a lifetime.
From the very start, June’s communication skills were exceptional—she kept me well-informed and supported throughout the entire process. Her professionalism was evident, but it was her genuine compassion and care that made me feel like a priority. She wasn’t just an attorney; she was a fierce advocate, fighting on my behalf every step of the way.
June’s strategic mindset, intelligence, and sheer determination set her apart. She far exceeded my expectations in every area and had a remarkable network of professionals to help with every facet of my case. Her personal touch, combined with her incredible expertise, made me feel confident that I had the best team behind me.
If you’re facing a medical malpractice or personal injury case, June Bashant is the attorney you want in your corner. She is a force to be reckoned with in the legal world—unmatched in her dedication, skill, and drive. Her reputation for delivering powerful, life-altering results speaks for itself. I couldn’t have asked for a more unstoppable attorney.
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Thank you Sir once again! This time for helping my son Leon McDermand attain the services of June Bashant, who he has himself said many times, that she did a magnificent job for him. This is the third family member, including myself, that you and RFTM have helped. Thank you once again Tim, and please thank June and Robert, who helped my Daughter Elena.- Robert
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“I cannot thank you enough for the pure excellence.”- Michelle
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“I am very grateful for all the hard work all the staff did. GREAT STAFF!”- Guadalupe Hernandez
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“I valued the clear communication, prompt replies, and frank interaction.”- Jackie Q.
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“They work tirelessly to uncover the evidence necessary to obtain the very best result for the injured people they represent.”- Heidi Taylor, Law Offices of Heidi Taylor
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“They approach each case with creativity and care.”- Michael J Ney, McNamara, Ney, Beatty, Slattery, Borges & Brothers LLP
