In most drunk driving collisions, the driver would be held legally liable for the damages. However, determining liability in an accident can be difficult, and others likely are to blame in your case. If the drunk driver who caused the injury was on the job at the time of the crash, for example, their employer might be held responsible. Dram shop laws can keep bars, restaurants, and other establishments liable for drunk driving accidents, but they are uncommon in California. A survivor will file a negligence lawsuit against a waiter or bartender if it is discovered that they served the driver while still inebriated.