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Home / What to Do If You’re Hit by a Drunk Driver on 4th of July in California (2025): Your Rights, Legal Steps, and Recovery Plan

What to Do If You’re Hit by a Drunk Driver on 4th of July in California (2025): Your Rights, Legal Steps, and Recovery Plan

July 3, 2025
Sparkler with American flag background.

If you’re hit by a drunk driver on Independence Day weekend in California, call 911 immediately, get medical attention even if you feel okay, and begin protecting your legal rights right away.

According to CBS News, 68 people were killed on California roads during the 2023 Fourth of July weekend, and over 1,200 drivers were arrested for DUI during that period. It’s one of the most dangerous times of year to drive, not just because of drunk drivers, but because emergency services are stretched thin and insurers know it.

At Crown & Stone Law P.C., we guide victims through the crucial first hours after a crash, handling police reports, protecting evidence, and dealing with insurance companies, so you can focus on healing.

Key Takeaways

  • Call 911 and get medical care immediately, even if you feel fine.
  • Don’t admit fault or speculate, stick to facts at the scene.
  • Document everything: photos, witness info, and symptoms.
  • Beware of early insurance offers, they’re often too low.

Why Independence Day Weekend Is High-Risk for DUI Crashes

Drunk driving accidents surge over the July 4th weekend, making it the deadliest holiday for drivers in the United States.

As reported by the National Safety Council, the Fourth of July averages more fatal car crashes than any other day of the year, with over 118 lives lost annually across the country

In California, large gatherings, widespread alcohol consumption, and late-night travel heighten the danger. Impaired drivers often assume they’re “close to home” or “not that drunk,” and the consequences ripple far beyond the crash scene.

What to Do Immediately After a Drunk Driving Accident

The first things you should do after being hit by a drunk driver is to confirm your safety, call 911, and get medical attention, even if you think you’re uninjured.

Crashes involving alcohol often result in hidden injuries, like concussions or internal trauma, which may not show symptoms right away.

Here’s what to do, step by step:

  • Move to safety if possible, but don’t leave the scene.
  • Call 911 and request both police and paramedics.
  • Get examined by EMTs even if you feel okay.
  • Take photos of the vehicles, license plates, and surroundings.
  • Collect names and numbers from witnesses nearby.

Everything you say, do, or forget to document can impact your ability to claim damages later. Quick thinking now preserves your rights.

What Not to Say or Do After the Crash

Steps to take after a car accident.

If you’ve just been hit by a drunk driver, don’t admit fault, apologize, or make assumptions about what happened, no matter how shaken you feel.

These aggressive conditions mean fault is rarely simple, and offhand comments can be twisted by insurers or defense attorneys.

Here’s what to avoid:

  • Don’t say “I’m sorry” or “I didn’t see you”, it can be misinterpreted as admitting guilt.
  • Don’t argue with the other driver, even if they’re clearly intoxicated.
  • Don’t post on social media about the crash until your case is resolved.
  • Don’t assume the police will get everything right, ask for the report number and verify facts later.

Stick to clear, factual communication with police. Let your legal team handle the rest.

How to Report the Crash to Law Enforcement in California

When law enforcement arrives, give a clear, factual account of what happened and request a copy of the police report once it’s filed.

What to keep in mind:

  • Stick to what you saw and heard, avoid guessing or making assumptions.
  • If you noticed signs of intoxication (slurred speech, open containers, odor of alcohol), mention them to the officer.
  • Ask for the officer’s name and badge number.
  • Request the report number so you can retrieve it later.
  • Review the report for accuracy when it’s available.

The police report is one of the first pieces of evidence insurers and lawyers will examine. Errors or omissions can complicate your claim, so it’s important to verify that it reflects what happened.

What are Your Legal Rights as a Victim of DUI?

If you’re hit by a drunk driver in California, you have the right to pursue compensation through a civil claim, even if the driver is facing separate criminal charges.

Driving under the influence is a criminal offense, but it also forms the legal basis for civil liability. The total cost of a DUI, once you include fines, fees, and insurance increases, can exceed $10,000. But for the victim, the financial and physical toll is often much higher.

You may be entitled to recover:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Property damage
  • Punitive damages in cases involving reckless or egregious conduct

Even if the at-fault driver is uninsured or underinsured, California law provides pathways to seek compensation through your own policy or the court system.

Insurance Company Tactics to Watch Out For

Insurance companies may act quickly after a DUI crash, but not in your best interest. Their goal is often to limit payout, not to help you recover.

Common tactics to be aware of:

  • Offering a low settlement before you know the full extent of your injuries
  • Asking for recorded statements early, hoping for inconsistencies
  • Downplaying the impact of pain or trauma that doesn’t show on scans
  • Suggesting you don’t need a lawyer

You’re not required to give a recorded statement or accept the first offer. Take time to understand the long-term impact of your injuries and financial losses before agreeing to anything.

Special Issues During July 4th Weekends

Sparkler with American flag background

Accidents involving drunk drivers during holiday weekends come with additional complications that can affect your claim and recovery process.

As reported by TrafficSafetyMarketing.gov, 48% of drunk drivers involved in fatal crashes over the Fourth of July holiday were between the ages of 21 and 34, a demographic often associated with late-night travel and party culture.

Additional challenges you might face include:

  • Delayed emergency response due to high call volumes
  • Slower investigation timelines as officers handle multiple incidents
  • Juror perceptions, cases involving July 4th crashes, can trigger stronger emotional responses in court

These factors can affect how fault is evaluated, how injuries are documented, and how aggressively the case is pursued. Timing and documentation are especially important during these periods.

You’ve Been Hit by a Drunk Driver. Here’s What to Do Next.

You need medical care, documentation, and a lawyer who will go above and beyond, even during a holiday. At Crown & Stone Law P.C., we’ve helped countless Californians recover more than expected, emotionally and financially. Clients call us “responsive,” “relentless,” and “supportive the whole way.”

Don’t settle for uncertainty. Contact us today for a free consultation. We’re here for you 24/7, even on July 4th.

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