Hit by a Drunk Driver in Sonoma or Napa Wine Country

If a drunk driver caused a crash that hurt you in Sonoma or Napa County, you can generally bring a civil claim against that driver, and punitive damages may be possible. The Law Offices of J. Chrisp serves people injured in Sonoma and Napa counties. The consultation is free, there is no fee unless we win, and 877-J-CHRISP (877-524-7477) is answered 24/7.

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Can you get punitive damages from a drunk driver?

Punitive damages may be possible, but they are not automatic. Under Civil Code section 3294, they may be recovered in addition to actual damages when it is proven by clear and convincing evidence that the defendant acted with malice, oppression or fraud. They are meant to punish the defendant and set an example. The statute defines malice to include despicable conduct carried on with a willful and conscious disregard of the rights or safety of others. In Taylor v. Superior Court (1979), the California Supreme Court held that driving while intoxicated may constitute malice under section 3294 if done in conscious disregard of the probable dangerous consequences.

The criminal case and the civil case

A criminal DUI case is prosecuted in the name of the People of the State of California (Penal Code section 684). The district attorney is the public prosecutor, except as otherwise provided by law (Government Code section 26500). A civil injury claim is a separate kind of case. The injured person brings it to recover money damages from the person at fault (Civil Code section 3281).

Except where the law provides otherwise, damages are the amount that will compensate for all the harm the wrongful conduct proximately caused (Civil Code section 3333). Depending on the case, this can include medical expenses, lost earnings, vehicle repair costs and pain and suffering. The uninsured-driver rule below can limit pain and suffering. If your own negligence contributed to the crash, your damages may be reduced in proportion to your share of the negligence (Li v. Yellow Cab Co. (1975)).

	Criminal DUI case	Civil injury claim
Who brings it	The People of the State of California, through a public prosecutor	The injured person
What it can lead to	Punishment such as a fine or imprisonment, upon conviction	Money damages from the person at fault

If you were uninsured when a drunk driver hit you

Being uninsured can limit what you recover. Under Civil Code section 3333.4, a person injured in a motor vehicle crash cannot recover non-economic losses, such as pain and suffering, if either of these applies, except in the situation described next:

The injured person owned a vehicle involved in the crash, and it was not insured as California’s financial responsibility laws require.

The injured person was driving a vehicle involved in the crash and cannot establish financial responsibility as those laws require.

One exception applies. An uninsured owner hurt by a driver who was violating Vehicle Code section 23152 or section 23153 (the driving-under-the-influence laws), and was convicted of that offense, is not barred from recovering non-economic losses. The exception is written for owners and does not mention uninsured drivers who did not own the vehicle. Section 3333.4 limits only non-economic losses. It does not limit economic losses such as medical expenses and lost earnings.

Can you sue the winery, bar or party host?

Generally, not for serving the alcohol. California law treats drinking the alcohol, not serving it, as the proximate cause of injuries an intoxicated person inflicts on others (Civil Code section 1714(b)). Under Business and Professions Code section 25602, no person who sells, furnishes or gives alcohol to an obviously intoxicated person is civilly liable for injuries caused by the drinker’s intoxication. The rule is not limited to bars. It covers any person who sells, furnishes or gives alcohol in that situation. Under Civil Code section 1714(c), a social host who furnishes alcohol also cannot be held legally accountable for injuries to others resulting from that drinking, except as described below.

The statutes make two exceptions, both involving young drinkers:

A claim may be brought against an alcohol licensee, or a person required to be licensed, that sold, furnished or gave alcohol to an obviously intoxicated minor, when that was the proximate cause of the injury or death (Business and Professions Code section 25602.1). The same applies to any other person who sold alcohol to that minor.

The social host rule does not bar a claim against a parent, guardian or other adult who knowingly furnished alcohol at his or her residence to someone the adult knew, or should have known, was under 21. A person harmed by the under-21 drinker may bring that claim (Civil Code section 1714(d)).

Serving people hurt on wine country roads

The firm serves people injured in Sonoma and Napa counties, including crashes on Highway 12, Highway 29, Highway 121 and the Silverado Trail.

The firm does not have an office in Napa County. Its offices are:

Santa Rosa: 3558 Round Barn Blvd, Suite 200, Santa Rosa, CA 95403
Lower Lake (main office): 9667 Highway 29, Lower Lake, CA 95457
San Francisco: 1330 Bush Street, Suite 9D, San Francisco, CA 94109

The firm has Spanish-speaking staff.

What to do after a crash with a drunk driver

Call 911 and tell the dispatcher you suspect the other driver is impaired.
Get medical care the same day.
Write down what you saw and heard: slurred speech, the smell of alcohol, open containers, statements the driver made.
Get witness names and numbers, and ask the officer for the report number.
Do not give the driver’s insurance company a recorded statement before you have legal advice.

Frequently asked questions

Can I sue a drunk driver who hit me in Napa County?

Generally, yes. A civil claim against the driver can seek damages for the harm the crash caused. Punitive damages may be possible if malice, oppression or fraud is proven by clear and convincing evidence. The claim is separate from the criminal DUI case. Your damages may be reduced if your own negligence contributed to the crash.

Can I sue the winery or bar that served the drunk driver?

Generally, not for serving the alcohol. Under Business and Professions Code section 25602, a person who sells, furnishes or gives alcohol to an obviously intoxicated person is not civilly liable for injuries caused by the drinker’s intoxication. The rule is not limited to bars. Under section 25602.1, a claim may be brought against an alcohol licensee that sold, furnished or gave alcohol to an obviously intoxicated minor, when that was the proximate cause of the injury.

Can I recover if I was uninsured when a drunk driver hit me?

Possibly. Civil Code section 3333.4 bars you from recovering non-economic losses, such as pain and suffering, if you owned a vehicle involved in the crash that was not insured as the law requires, or were driving a vehicle involved in the crash and cannot establish financial responsibility. An uninsured owner hurt by a driver convicted under Vehicle Code section 23152 or 23153 for that driving is not barred. The section does not limit economic losses such as medical expenses.

How much does a drunk driving accident lawyer cost?

The Law Offices of J. Chrisp offers a free consultation and works on a contingency fee. There is no fee unless we win.

If you were hit by a drunk driver in Sonoma or Napa County, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.