Orange County DUI Accident Lawyer
Hurt by a drunk or impaired driver in Orange County? The criminal case punishes the driver, but it won’t fully compensate you. Your civil injury claim is separate, can move forward on its own, and may include punitive damages. We gather the DUI evidence and pursue every policy that can pay you and your family.
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Case Results
Recent Personal Injury Results
Faud Haghighi has resolved cases resulting in tens of millions of dollars in settlements and verdicts. Recent recoveries are shown below.
Last updated: October 2026 · Reviewed by Faud Haghighi, Esq., Founder & Lead Trial Attorney
How Can an Orange County DUI Accident Lawyer Help?
An Orange County DUI accident lawyer pursues a civil injury claim against the drunk or impaired driver that is separate from the criminal case, seeks every available insurance policy, and, when the evidence supports it, pursues punitive damages that California allows against intoxicated drivers.
Being hurt by an impaired driver adds anger and uncertainty to an already difficult situation. Victims often assume the criminal case will take care of them, but a prosecution’s main purpose is to punish, not to fully compensate. The Law Offices of Faud Haghighi represents people injured by drunk and drugged drivers, and families who lost someone in a DUI crash, throughout Orange County and Southern California from offices in Aliso Viejo and Tustin. Faud Haghighi handles each case personally.
| DUI crash claims at a glance | What it means for you |
|---|---|
| Separate from the criminal case | Your civil claim doesn’t depend on a conviction, and you don’t have to wait for the criminal case. |
| Punitive damages | Possible against an intoxicated driver when the evidence shows conscious disregard for safety. |
| Insurance still pays | The driver’s insurance generally pays ordinary damages even though the driving was criminal. |
| Bars and hosts | Generally not liable for serving adults, with narrow exceptions for minors. |
| Fees | Free, confidential consultation. No attorney fee unless we recover for you. |
How Is the Civil Case Different From the Criminal DUI Case?
The criminal case is brought by the prosecutor to punish the driver, for example for DUI causing injury (Veh. Code §23153). The civil case is brought by you to recover compensation, and it moves forward on its own timeline and with a lower standard of proof.
| Criminal DUI case | Your civil injury claim | |
|---|---|---|
| Who brings it | The prosecutor, usually the Orange County District Attorney | You (or your family), through your own lawyer |
| Purpose | Punishment: jail, fines, license consequences | Compensation for your injuries and losses |
| Standard of proof | Beyond a reasonable doubt | More likely than not; punitive damages need clear and convincing evidence |
| What the victim can receive | Court-ordered restitution for economic losses (Penal Code §1202.4) | Economic losses plus pain and suffering, and possibly punitive damages |
A conviction or guilty plea can be strong evidence in the civil case, but your claim does not depend on it, and you don’t have to wait for the criminal case to end before acting to protect your claim.
Can You Get Punitive Damages Against a Drunk Driver?
Possibly. The California Supreme Court has held that punitive damages may be awarded against an intoxicated driver whose conduct shows a conscious disregard for the safety of others (Taylor v. Superior Court (1979) 24 Cal.3d 890), which requires clear and convincing proof of malice under Civil Code §3294. Evidence such as a very high blood alcohol level, prior DUIs, or choosing to drive after heavy drinking can support that claim.
Punitive damages are paid by the driver personally: California public policy does not allow insurance to pay punitive damages awarded against a drunk driver (Peterson v. Superior Court (1982) 31 Cal.3d 147). Whether they are worth pursuing often depends on the driver’s assets.
Can a Bar or Restaurant Be Held Responsible?
Usually not. California law generally treats drinking, not serving, as the cause of a drunk driver’s crash, so bars, restaurants, and social hosts are generally not liable for serving adults (Bus. & Prof. Code §25602; Civ. Code §1714). There are two important exceptions:
- A licensed seller, such as a bar, restaurant, or store, that sells or serves alcohol to an obviously intoxicated minor can be liable if that sale causes injury or death (Bus. & Prof. Code §25602.1).
- An adult host who knowingly furnishes alcohol at their home to someone they know, or should have known, is under 21 can be liable for resulting injuries (Civ. Code §1714(d)).
An employer may also be responsible if the impaired driver was driving for work. Other sources include the driver’s auto insurance and your own uninsured/underinsured motorist coverage.
Who Pays the Injured Victim?
Usually the impaired driver’s auto liability insurance for compensatory damages, plus your own uninsured/underinsured motorist coverage if the driver had little or no insurance. Insurance generally does pay ordinary damages in a DUI crash even though the driving was criminal. If the driver fled, the claim may run through your own coverage; see hit-and-run claims. The California Victim Compensation Board also lists driving under the influence among the crimes it covers, subject to its eligibility rules (CalVCB). If the driver had little or no insurance, see uninsured motorist claims.
Under Proposition 213, a driver convicted of DUI for the crash generally cannot recover pain and suffering damages for their own injuries (Civ. Code §3333.4); that limit applies to the impaired driver, not to the people they hurt. A passenger who knowingly rode with an intoxicated driver can still recover, though their share of fault may reduce the award: $140,000 in losses with 20% fault still means $112,000.
How Are DUI Crashes Handled in Orange County?
DUI crashes in Orange County are investigated by the CHP on freeways and by city police or the Orange County Sheriff’s Department on local streets, and criminal cases are prosecuted in the Orange County Superior Court. The investigation produces evidence that matters for your civil claim, including breath or blood test results, field sobriety observations, body-camera video, and witness statements. Your civil lawsuit is also filed in the Orange County Superior Court, generally at the Central Justice Center in Santa Ana. DUI crashes often happen late at night and on weekends, on freeways and the arterials leading from restaurant and nightlife areas.

What Compensation Can a DUI Victim Recover?
The same compensatory damages as any injury case, including medical care, lost income, and pain and suffering, plus the possibility of punitive damages when the evidence shows conscious disregard for safety. DUI crashes are often high-speed or head-on collisions that cause serious injuries; see catastrophic injury claims, and if a loved one was killed, wrongful death claims. There is no reliable “average DUI accident settlement”; value depends on the injuries, the insurance available, and whether the evidence supports punitive damages and the driver has assets to pay them. Read more about what affects case value.
Does the Criminal Case Change the Deadline for a DUI Accident Claim?
No. The civil deadline is generally two years from the crash, regardless of how long the criminal case takes, so don’t wait for the criminal case to finish before acting.
| Situation | Deadline | Law |
|---|---|---|
| Injury lawsuit against the impaired driver | 2 years from the crash | CCP §335.1 |
| Uninsured/underinsured motorist claim | Sue, settle, or demand arbitration within 2 years | Ins. Code §11580.2(i) |
| Claim involving a government vehicle or road | Written claim within 6 months | Gov. Code §911.2 |
| Fatal DUI crash: family’s wrongful death claim | 2 years from the death | CCP §335.1 |
This page explains California law in general terms as of October 2026. Laws change and exceptions apply, so it is not legal advice about your situation.
How Does Faud Haghighi Pursue the Civil Case Alongside the Criminal Case?
DUI cases can involve punitive damages, multiple insurance sources, and coordination with a criminal case. Faud Haghighi has practiced law in California since 2012, has handled hundreds of cases, including auto collisions, and prepares each case as if it will go to trial. He handles each case personally, obtains the police and toxicology evidence, and evaluates whether a punitive damages claim is supported. If the insurer won’t pay fair value, the case is filed in the Orange County Superior Court.
We represent DUI victims throughout Orange County and Southern California, including Newport Beach, Costa Mesa, Huntington Beach, Santa Ana, Irvine, and Laguna Niguel, as part of our Orange County personal injury practice. For crashes that did not involve impairment, see car accident claims.
Hurt by a drunk or impaired driver? Call (949) 313-7656 or request a free consultation. There is no attorney fee unless we recover for you.
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Faud Haghighi, Esq.
Founder & Lead Trial Attorney
An Orange County trial attorney representing people injured by someone else's negligence — in car and truck crashes, slip-and-falls, premises accidents, and other serious-injury cases. Faud builds each case with the right medical and liability experts, preserves the evidence early, and prepares every file for trial — and you work directly with him, start to finish.
CA State Bar since 2012 · Aliso Viejo & Tustin
Free Consultation Read full bio ›Personal Injury Services
Contact Our Legal Team
Speak directly with an experienced attorney at the Law Offices of Faud Haghighi. We're here to help you understand your rights and explore your legal options.
- (949) 313-7656
- info@fhaghighilaw.com
- 120 Vantis, Ste. 300
Aliso Viejo, CA 92656 - 1352 Irvine Blvd., Ste. 204
Tustin, CA 92780
Why Clients Choose Us
A Firm Focused on Winning Injury Cases
We represent injured people — not insurance companies. Every case is prepared as if it is going to trial, and every client works directly with their attorney from the first consultation through settlement or verdict.
Direct Attorney Access
No case managers, no runaround. You work one-on-one with your attorney and are kept informed about where your case stands.
Trial-Ready Preparation
We build every file for the courtroom. Insurers pay more when they know your lawyer is prepared to try the case.
We Know Insurance Tactics
We understand how insurance companies operate — and we don't let clients get pressured into accepting less than their case is worth.
No Fee Unless We Win
Your consultation is free, and there is no attorney fee unless we recover compensation for you.
Orange County DUI Accident FAQs
Yes. The criminal case and your civil injury claim are separate. The prosecutor seeks punishment; your civil claim seeks compensation for your injuries and losses, and it can move forward whether or not the driver is convicted.
No. Your two-year deadline to file a civil lawsuit runs regardless of the criminal case (CCP §335.1). The criminal case can produce helpful evidence, but waiting for it can put your claim at risk.
Possibly. The California Supreme Court has held that an intoxicated driver who acts with conscious disregard for others’ safety can be liable for punitive damages, which require clear and convincing evidence of malice (Civil Code §3294).
No. California public policy does not allow insurance to pay punitive damages awarded against a drunk driver, so they must come from the driver personally. Insurance generally does pay compensatory damages such as medical bills and pain and suffering.
Usually not, if the driver was an adult. California law generally protects sellers and social hosts who serve adults. A licensed seller can be liable for serving an obviously intoxicated minor, and an adult host can be liable for knowingly serving someone under 21 at their home.
If the driver is convicted, the criminal court must generally order restitution for the victim’s economic losses, such as medical bills and lost wages (Penal Code §1202.4). Restitution doesn’t cover pain and suffering, which is why the civil claim matters.
Your own uninsured motorist coverage may pay, as long as you meet its requirements and deadlines. The California Victim Compensation Board also covers DUI among eligible crimes, subject to its rules.
Generally yes, though if you knew the driver was impaired, your compensation may be reduced by your share of fault under California’s comparative negligence rule. The driver’s insurance and other policies may apply.
Breath or blood test results, the police report, field sobriety observations, body-camera and dashcam video, receipts or witness accounts of where the driver was drinking, and your medical records.
Generally two years from the crash (CCP §335.1), and six months for a written claim if a public agency is involved. Uninsured motorist claims have their own two-year rule.
Nothing up front. We work on a contingency fee, so there is no attorney fee unless we recover compensation for you, and the consultation is free.
Client Reviews
What Our Clients Say
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Angelica MejiaTrustindex verifies that the original source of the review is Google.
I had the best experience working with Mr. Haghighi. He always demonstrated a high level of professionalism and expertise while handing my case. I always felt very comfortable when communicating with him and I knew that I could trust him 100%. I highly recommend Mr. Haghighi for his knowledge, exceptional service, honesty, and dedication.Posted on Google![]()
jess francoTrustindex verifies that the original source of the review is Google.
I am writing to highly recommend Faud Haghighi for his outstanding professionalism, legal knowledge, and unwavering support. Throughout my experience working with him, Faud Haghighi consistently demonstrated a high level of competence, integrity, and dedication to his clients. Faud Haghighi is exceptionally knowledgeable in his field and took the time to clearly explain legal processes, options, and potential outcomes in a way that was easy to understand. His attention to detail and strategic approach provided confidence at every stage of the matter. He was always well-prepared, responsive, and thorough, ensuring that no question or concern went unaddressed. Beyond his technical expertise, Faud Haghighi stands out for his professionalism and supportive demeanor. He was approachable, patient, and genuinely invested in achieving the best possible outcome. His calm and reassuring presence made what could have been a stressful situation far more manageable. I would not hesitate to recommend Faud Haghighi to anyone seeking a skilled, reliable, and compassionate attorney. He is a true professional and an asset to the legal community.Posted on Google![]()
sara ezatiTrustindex verifies that the original source of the review is Google.
Great experience working with this office. Very professional, responsive, and easy to work with. I truly appreciate all their help and would highly recommend them.Posted on Google![]()
Silvia FavelaTrustindex verifies that the original source of the review is Google.
I cannot recommend Faud highly enough. He assisted us after my son was stuck by an unlicensed driver in an unregistered and uninsured vehicle while riding his bike. This was an incredibly complex and stressful situation, but Faud’s professionalism and expertise were evident from day one. He handled all the difficult communication with my insurance company, ensuring my son was protected and that we weren’t taken advantage of. If you need a dedicated attorney who truly knows how to navigate the tough cases, Faud is the one to call.
6 Steps Process
How We Handle Your Orange County DUI Accident Case
From your first call to the final resolution, here’s what working with the Law Offices of Faud Haghighi looks like — a clear, six-step path built to take the pressure off you and pursue the full recovery you’re owed. There’s no attorney fee unless we recover for you.
Free Consultation
It starts with a free, confidential conversation about the crash, your injuries, and where the criminal case stands.
Gather the DUI Evidence
We obtain the police report, breath or blood test results, body-camera and dashcam video, and witness statements.
Follow the Criminal Case
We track the criminal case and any plea or conviction that can support the civil claim, without letting your own deadlines slip.
Identify Every Source of Recovery
We look at the driver's insurance, your UM/UIM coverage, an employer if the driver was working, and the narrow cases where a seller or host may be liable.
Evaluate Punitive Damages
We assess whether the evidence supports punitive damages and whether the driver has assets to pay them.
Negotiate or Go to Trial
We present the claim and negotiate with the insurers. If the offer isn't fair, we file suit in the Orange County Superior Court and prepare the case for trial.
Free Case Evaluation
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Phone
(949) 313-7656
info@fhaghighilaw.com
Aliso Viejo Office
120 Vantis, Ste. 300, Aliso Viejo, CA 92656
Tustin Office
1352 Irvine Blvd #204, Tustin, CA 92780
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