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Suing a Host of a Party for DUI in California

California Social Host Liability Law

If you learn that the driver of an accident you were involved in had been furnished alcohol at a party, you are probably wondering if the host of the party can be held liable. In California, there are only a few exceptions to the Dram Shop law that matter in a DUI lawsuit. An experienced California personal injury attorney can help you determine if your legal rights include suing a host of a party for a car accident due to drinking and driving.

Johnson Attorneys Group will ensure that you get adequate care from the best doctors and specialists during recovery. We review your case to determine if a social host can be sued for a DUI accident that happened as a result of alcohol served at their party. We will fight for you to make sure you receive full compensation for lost earnings, medical & therapy expenses, damages, loss of monetary support and funeral expenses.

Alchohol Glass and a Car Key - Social Host Liability Law in California - Johnson Attorneys Group

California Dram Shop Law Exceptions

California Dram law considers the proximate cause of injuries and damage caused by an intoxicated individual to be as a result of the consumption of alcoholic beverages and not from being served or furnished alcohol. In most cases, a social host cannot be held liable, but there are two particular instances where the host who served alcohol at a party can be held legally responsible for the actions of a drunken party guest:

  • Furnishing alcohol to a minor (any person under the age of 21) – The host of a party that knowingly supplies alcoholic beverages to an under-aged individual can be held criminally liable under the California Business and Professional Code §25602. California adheres to a strict ZERO Tolerance law for drivers under 21 years of age. The law states that it is illegal for minors to drive with a blood alcohol concentration (BAC) of .01% or higher.
  • Serving alcohol Beverages to an Obviously Inebriated Guest – A social host that serves alcohol to a “habitual or common drunkard” or someone who is obviously drunk already can be found criminally liable. While it would be prosecuted as a misdemeanor, the host can still be forced by the court to pay for property damage and can incur fines, jail time, probation and other penalties assessed by the court.

Compensation from an Intoxicated Party Guest

While the host of a party that served alcoholic beverages may or may not be held responsible for a car accident involving alcohol, the drunk driver will. DUI car accidents in the state of California consider the impaired driver as the negligent party. An individual can be charged criminally and held liable to pay for damages and other compensation if they are convicted of driving under the influence.  An experienced, qualified DUI injury attorney will work to get you full compensation for your losses and injuries.

Be Aware of Your Rights in California

California social host law and DUI laws can be very complicated because every situation is different. It is essential to contact an experienced, qualified DUI injury attorney as soon as possible to help deal with insurance companies, law enforcement and other parties of interest and to advise you of your legal options. Even if your case is not considered an exception under the Dram Shop law, you need to be aware of your legal rights as the victim of an alcohol-related auto accident. Ideally a social host has liquor liability insurance, either way, contact an attorney.

Contact a DUI Injury Lawyer in California at Johnson Attorneys Group for a Free Case Review

If you or someone you love is dealing with injuries resulting from a DUI accident, do not hesitate to contact one of our DUI injury lawyers at 1-800-208-3538 to see if we can help. Johnson Attorneys Group offers a complimentary case evaluation, and we will not charge you legal fees unless we win or successfully settle your case.

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Every personal injury case is unique and many factors are used to value each case. The losses from your claim include the amount of the medical bills, lost wages, pain, and suffering, etc. The most important factor is your life change resulting from the injury. Typically, the larger the injury and life change, the larger the settlement. We discuss your personal injury claim’s worth during your free consultation. Call for a free consultation 800-208-3538, or complete the form below >
The first thing you should do is contact an attorney. Without the representation of a lawyer, insurance companies might make contact with you directly, and since they are trained to protect their best interests, this could mean a loss of rights on your behalf, especially if you unknowingly sign something that they didn't completely explain to you. Call for a free consultation 800-208-3538, or complete the form below >
The length of a personal injury case depends on many factors including the evaluation and treatment of the injury. The bigger the injury, the longer it takes to treat. Attorney James Johnson helps you be aggressive with the treatment, so the average case normally takes between two and five months. Those who have serious injuries and need surgery may take several months longer. Call for a free consultation 800-208-3538, or complete the form below >
Many victims believe if you don't have health insurance you don't have a case - this NOT true. In fact, those with health insurance usually don't use it since there are so many restrictions and steps to overcome to receive authorization for treatment. Johnson Attorneys Group assists you in finding the best doctors to help. Most of them even wait until a settlement for payment. Call for a free consultation 800-208-3538, or complete the form below >
Handling a personal injury claim by yourself is very difficult. You will deal directly with the insurance adjuster who is often trained to obtain the information they are not entitled to use. This information can negatively impact and de-value your case. Once your case is damaged, it is very difficult to repair it and usually costs you thousands of dollars less in a settlement. Call for a free consultation 800-208-3538, or complete the form below >
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