Santa Monica Drunk Driving Accident Lawyer
Moe Abdallah Law, P.C. is a drunk driving accident lawyer for Santa Monica victims hurt by impaired drivers. Attorney Moe Abdallah builds your civil claim apart from the criminal DUI case, preserves evidence, and pursues the driver's insurance and, where the law allows, punitive damages. The review is free, and you pay no fee unless he wins.
If a drunk driver hurt you in Santa Monica, you have two cases running side by side. Prosecutors handle the criminal DUI charge. Your injury claim is a separate civil case, and nobody brings it for you. Moe Abdallah Law, P.C. handles motor vehicle injury cases, including crashes caused by impaired drivers, and Attorney Moe Abdallah works with each client directly. Call (323) 716-1992 any time. Moe will explain how the two cases fit together and what to do before the other side reaches you. The review is free, no fee is owed unless we win, and Se Habla Español. A guilty plea is not required for you to recover, and a dismissed criminal case does not end your claim. Speed matters, because bar receipts, camera footage, and witness memories do not stay around long.
The first hours after a Santa Monica crash with a suspected drunk driver
Call 911 first and tell the dispatcher you think the other driver is impaired. Santa Monica Police Department officers respond to crashes on city streets, and what you say at the scene goes into the record. Tell the officer about slurred speech, the smell of alcohol, open containers, or erratic driving, and ask for the report number. Do not argue with the driver or follow them. Take photos of the cars, the road, and the driver if it is safe, and get names of witnesses and any bar or restaurant the driver mentions. Go to the hospital even if you feel fine. If the driver was arrested, ask whether the arrest paperwork is separate from the collision report, since you may need both. You can request police records through the city's Public Records Request Center, by calling the Records Unit at (310) 458-8431, or in person at the Public Safety Facility. The city must reply within 10 days on whether the records exist and can be provided. The department is at 333 Olympic Dr, and its non-emergency line is (310) 458-8491. Write down what you remember the same night, because details fade quickly.
What Santa Monica's crash numbers do and do not tell you
No source we found breaks out alcohol crashes for Santa Monica, so we will not claim the city has a drunk driving problem on any street. What the numbers show is how exposed people are when any careless driver hits them. In the state's 2023 rankings of 103 similar cities, Santa Monica ranked 39th for total fatal and injury victims, with 417 victims. It ranked third for pedestrian victims with 62, eighth for bicyclist victims with 48, and sixth for motorcycle victims with 33. Rank 1 is the worst. The city's Vision Zero program lists Ocean Park Boulevard at Lincoln Boulevard and Olympic Boulevard at 14th Street as priority intersections, and it names Wilshire Boulevard as a top priority. The I-10 starts here near the ocean, so a driver leaving the freeway can quickly end up among crosswalks and bike lanes. A person on foot or on a bike has no protection when an impaired driver misses a stop, and a delayed brake can turn a low-speed hit into a fracture or a head injury. These numbers tell us about injuries, not blame. They also show that crash victims here are often walking, riding, or on a motorcycle.
Your civil claim and the criminal DUI case are separate
Driving under the influence is a crime under Vehicle Code section 23152, and driving under the influence while causing bodily injury to another person is a separate crime under section 23153. Prosecutors bring those charges. You are a witness, not a party, and the case moves on its own timeline. Your civil claim for medical bills, lost income, and pain and suffering does not wait for the verdict. A felony conviction can be offered in the civil case to prove the facts the conviction rests on (Evidence Code 1300). A misdemeanor conviction does not get that treatment, and a no-contest plea to a misdemeanor cannot be used as an admission in a civil suit (Penal Code 1016). Even with no conviction, we can prove the driver was negligent with witnesses, video, and a blood or breath result. California also gives you extra time if the driver is convicted of a felony for the crash: one year after judgment, if that is later than your usual two years (Code Civ. Proc. 340.3). Do not rely on that, and call early. Moe tracks both cases so you do not miss a date while the criminal court moves along.
Punitive damages against a drunk driver
Most injury claims pay for what you lost. Punitive damages are different, because they punish and deter. California allows them when you prove by clear and convincing evidence that the defendant acted with malice, oppression, or fraud. Malice includes despicable conduct carried on with a willful and conscious disregard of the rights or safety of others (Civil Code 3294). In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supreme Court held that a drunk driver's conscious disregard of safety can support a punitive claim. That does not mean every drunk driving case earns them. A first offense with a low blood alcohol level looks different than a driver with prior DUIs who kept drinking after a warning. Courts look at what the driver knew and chose to do. Punitive damages also can be hard to collect, because insurance often does not pay them and the driver may have few assets. When the driver was working, a punitive claim against the employer is narrower. The employer must have known of the unfitness in advance and acted with conscious disregard, or have approved the conduct (Civil Code 3294(b)). Moe will tell you straight whether a punitive claim fits your case, and he looks at the facts before he says what it may be worth.
Insurance limits, bars and hosts, and rideshare drivers
Start with the policy, because it sets the ceiling on what you can collect from the driver. California's minimum liability limits are $30,000 per person, $60,000 per crash, and $15,000 for property damage for policies issued or renewed on or after January 1, 2025 (Veh. Code 16056). A serious injury can use that up fast. If the drunk driver carries little or no insurance, your own uninsured and underinsured motorist coverage may pay. California's dram shop rule is narrow. Bars, stores, and social hosts generally are not liable for injuries an adult causes after being served (Civ. Code 1714, Bus. & Prof. Code 25602). There are exceptions when alcohol is sold to an obviously intoxicated minor, or when an adult furnishes alcohol at home to someone under 21. The blood alcohol limit is lower for commercial drivers and for drivers carrying passengers for hire, at 0.04 percent (Veh. Code 23152). We also look at employer coverage when the driver was on the job. Under Proposition 51, each defendant pays non-economic damages only in proportion to fault, so naming every responsible party matters (Civ. Code 1431.2). We check every policy that could apply before we make a demand.
Treatment in Santa Monica, government claims, and how Moe handles your case
Santa Monica's two emergency departments are at Providence Saint John's Health Center on Santa Monica Boulevard and at UCLA Santa Monica Medical Center on 16th Street, home to the Nethercutt Emergency Center. Keep every record, because your treatment file is the proof of what the crash did to your body, and follow your doctors' plan so the file stays complete. If a city vehicle or road condition played a part, a written claim must reach the public entity within six months (Gov. Code 911.2). The City of Santa Monica takes claims at the City Clerk, 1685 Main Street. The Santa Monica Courthouse on Main Street is the local court, though we confirm the filing court for each case. Within 10 days, the crash may also have to be reported to the DMV on form SR-1 if anyone was hurt (Veh. Code 16000). Moe takes your calls himself and moves fast on evidence, including the driver's receipts and any nearby video. He took a case where the insurer offered $900 and the client ended with $75,000. Past results do not predict a similar outcome. You pay nothing unless he wins. You can call or text him with questions at any hour.
Talk to a Santa Monica drunk driving accident lawyer
Call (323) 716-1992 for a free, no-obligation case review. You pay nothing unless we win, and we'll handle the insurance companies for you. Learn more about our drunk-driving crashes representation →
Frequently Asked Questions
Yes. A criminal conviction is not required to bring a civil claim. The standard in a civil case is lower than in a criminal case, and we can prove the driver was negligent with witnesses, video, and test results. A felony conviction can help, but your claim does not depend on it, and a dropped or reduced charge does not close your injury case.
You usually have two years to sue for injury or death (Code Civ. Proc. 335.1). If the driver is convicted of a felony for the crash, you may get one year after judgment when that is later (Code Civ. Proc. 340.3). A claim against a government entity must be presented within six months. Because the dates differ, we check which one applies the day you call.
Sometimes. California allows punitive damages for malice, which includes conscious disregard of the safety of others, and you must prove it by clear and convincing evidence. Taylor v. Superior Court supports a claim against a drunk driver. They are not automatic, and each case depends on its facts, such as prior DUIs or an extreme blood alcohol level.
Usually not. California's dram shop rule is narrow, and bars and social hosts generally are not liable for an adult's drunk driving. The main exceptions involve serving an obviously intoxicated minor or furnishing alcohol at home to someone under 21. We review the facts to see if an exception fits, including receipts, witness accounts, and the driver's age.
Request it from the Santa Monica Police Department through the Public Records Request Center, call the Records Unit at (310) 458-8431, or go in person. The city must respond within 10 days. A fee may apply. If the crash was on the I-10, check which agency took the report.
Your own uninsured motorist coverage may pay for your injuries, and underinsured coverage can add to a low policy. The driver is still personally responsible for the harm. We review your policy first, since the options depend on its terms. We also check for other insurance, such as an employer's policy if the driver was on the job.
Not necessarily. The two cases run separately. Sometimes we wait for criminal facts to come out, and sometimes we move ahead. Either way, we gather evidence now, because bar receipts, video, and witness memories fade while the criminal case drags on. We also keep you posted on court dates.
Nothing up front. Moe takes these cases on contingency, so no fee is owed unless he wins. The first review is free, you can call 24/7, and Se Habla Español. He will tell you honestly what he sees in your case. There is no pressure to hire him after the first call.
Other cases we handle in Santa Monica
See everything we handle in Santa Monica →
Drunk Driving Accident lawyers in other cities we serve
Sources & local resources
- How to Obtain a Copy of a Police Report · City of Santa Monica
- Santa Monica Police Department · City of Santa Monica
- Santa Monica 2023 Crash Rankings · California Office of Traffic Safety
- Vision Zero Priority Intersections · City of Santa Monica
- Cal. Vehicle Code 23153 · California Legislative Information
- Cal. Civil Code 3294 · California Legislative Information
- Cal. Code of Civil Procedure 340.3 · California Legislative Information
- Cal. Vehicle Code 23152 · California Legislative Information
- Wilshire Safety Study
Talk to Moe Abdallah directly
When you call Moe Abdallah Law, you work directly with your attorney and get straight answers, not a call center. Moe takes on the insurance companies and fights for the maximum, and he keeps you updated at every step. The consultation is free and you pay nothing unless he wins.
Real recoveries for real Angelenos
Real recoveries from an attorney who takes your case personally and fights for the maximum.
Rear-ended by a driver who fled, and other firms turned her down. Moe opened an uninsured-motorist claim, proved she could not have been at fault, and secured the full policy limit.
Broke his sternum and had no insurance of his own, and his prior attorney ignored him. Moe took his calls day and night and recovered a settlement that covered his hospital bills and future treatment.
Cut off on the freeway and left with back and neck pain over four months of treatment. Moe secured the full policy limit for his pain and suffering, and his totaled car was reimbursed.
Past results do not guarantee a similar outcome. Every case is different and depends on its own facts.
5.0 stars across every review
I would definitely recommend this firm to anyone looking for reliable legal guidance.
Moe Abdallah is the best attorney around , very professional, attentive, respectful, highly knowledgeable, caring for his clients like family and most importantly gets the job done! Forever thankful I found Moe to help me in my case Got me
I am incredibly grateful to Moe Abdallah Law, P.C. for their outstanding representation following my recent accident. Dealing with injuries, medical bills, and insurance companies was overwhelming, but Moe completely took the burden off my
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Tell us what happened. We respond fast, usually within the hour, and there's no fee unless we win. Available 24/7 · Se Habla Español.
Call (323) 716-1992