Pedestrian Hit By a Drunk Driver: What Are Your Rights in California?
Walking in California should be safe, but unfortunately, pedestrians face real risks. According to state crash data, more than 1,000 pedestrians were killed in 2023, with the influence of alcohol playing a role in many of these tragedies. Between 2023 – 2025, drunk driving remained one of the top causes of pedestrian fatalities across Los Angeles, San Diego, and the Bay Area.
Alcohol affects drivers by slowing reaction time, impairing judgment, and reducing coordination. That split-second delay or poor decision at an intersection can mean life or death for someone crossing the street. Drunk driving doesn’t just carry criminal penalties — it creates lifelong consequences for victims and their families. If you were a pedestrian hit by a drunk driver in California, it’s important to know that you have legal options to hold the driver accountable and secure the compensation you deserve.
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California DUI Law: What the Law Says
California has some of the strictest DUI laws in the country. Under the California Vehicle Code § 23152, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. Drivers can also be charged for DUI impaired by drugs or a combination of alcohol and drugs.
When an accident with a drunk driver leads to injuries, especially involving a pedestrian, the consequences can be severe.
- Criminal penalties: Fines up to $10,000 and more, jail time (ranging from 48 hours to several years depending on the severity), probation, and license suspension.
- Increased penalties if injuries occur: If the accident causes serious injury or death, the driver can face felony charges with longer prison sentences.
- Civil liability: Beyond criminal punishment, the driver can be sued by the pedestrian for medical expenses, lost wages, emotional trauma, and pain and suffering.
California law aims not only to punish impaired drivers but also to ensure victims can pursue justice and compensation. Even if the driver serves jail time, victims may still need a civil claim to cover ongoing medical costs or long-term care.
Dram Shop Liability: Can You Sue a Bar or Restaurant?
In California, most bars and restaurants are not automatically liable if a patron drinks and later causes an accident. However, there are exceptions under the state’s dram shop laws:
- Serving minors: If a business serves alcohol to someone under 21, and that minor causes an accident, the establishment can be held legally responsible.
- Overserving visibly intoxicated patrons: California law also allows claims in rare cases if a business knowingly serves someone already clearly intoxicated and that person causes injury.
As an example, a pedestrian hit by a drunk driver sues the restaurant that served alcohol to an underage driver. The lawsuit argued that the restaurant negligence directly contributed to the crash. For victims, this means there may be multiple avenues of compensation — from the driver directly, and in limited cases, from the restaurant or bar that served them.
Pedestrian Hit by a Drunk Driver: More Common than You Think
Real-life incidents across California highlight how devastating and frequent these tragedies are:
Uber Eats driver sentenced for fatal DUI in Bakersfield
In April 2024, an Uber Eats driver was sentenced to four years in prison after causing the death of a 25-year-old pedestrian during a delivery. The driver’s BAC was 0.12%, well above the legal limit.
Pedestrian killed in Huntington Beach – DUI driver arrested
A 35-year-old man was struck and killed near Atlanta Avenue and Delaware Street in July 2025. The driver fled the scene but was later arrested for suspected impairment.
Pedestrian killed in Bakersfield on Fourth of July
Holidays are often associated with joy and community gatherings, but they are also some of the deadliest times on California roads. On Independence Day in Bakersfield, a man walking near White Lane and South Union Avenue was struck and killed by a drunk driver.
Why These Cases Matter
These are not just headlines — they are real tragedies that highlight the vulnerability of pedestrians and the reckless danger of driving under the influence. In each case, victims’ families are left to deal with:
- Unexpected funeral costs.
- Loss of financial and emotional support.
- Long legal processes to hold the driver accountable.
While criminal charges punish offenders, civil claims provide a path for victims to recover damages. Jury verdicts and settlements in pedestrian accidents involving drunk drivers in California can reach millions of dollars, reflecting the seriousness of the harm.
Steps to Take After Being Hit by a Car in California
- Call 911 immediately – Report the accident and ensure police create an official record.
- Get medical attention – Even if injuries seem minor, many worsen over time. Seeking medical attention is a priority.
- Collect evidence – Photos, witness statements, and video footage can be crucial.
- Request the police report – it will note whether the driver was arrested for DUI. Accident reports are key evidence.
- Speak with a personal injury attorney – An Injury lawyers can help you file an injury claim or wrongful death claim, negotiate with the insurance company, and, if necessary, take your case to trial.
As a pedestrian accident victim, remember that you have the right to seek compensation and recovery. Do not hesitate to pursue the help you need.
Don’t Stay Silence — Seek Justice After a DUI Pedestrian Accident
No one should suffer because of another person’s reckless choice to drink and drive. Criminal charges alone won’t cover your medical bills, lost income, or long-term needs – but a civil claim can. Don’t let a negligent, intoxicated driver or careless establishment escape accountability. The law is on your side, and justice is possible.
Contact RTM Law Firm today for a free consultation and take the first step toward healing, recovery, and justice. Available 24/7 — Hablamos español.
Do you need compassionate support and effective representation?
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