In a California personal injury case where a DUI driver hits a pedestrian crossing in a crosswalk, the intoxicated driver is clearly at fault for the collision. Pedestrians in crosswalks are granted the right-of-way under California law, and when a DUI driver causes harm to a pedestrian, the case involves negligence per se (because of the DUI) and typically leads to a strong personal injury claim.
⚖️ Legal Grounds for Liability
- California Vehicle Code § 23152 – Driving Under the Influence (DUI)
- A driver who is under the influence of alcohol or drugs is negligent per se. In a pedestrian accident, the fact that the driver was impaired makes it unnecessary to prove the driver was careless — the impairment itself establishes fault.
- California Vehicle Code § 21950 – Right-of-Way for Pedestrians
- Drivers must yield to pedestrians in a marked crosswalk. If the pedestrian was crossing legally, the DUI driver’s failure to yield directly violates the law.
- Negligence Per Se
- The DUI driver violated traffic laws (DUI and failing to yield to a pedestrian), and this violation directly caused injury. Under negligence per se, the driver is automatically considered negligent in causing harm to the pedestrian.
- California Vehicle Code § 22350 – Basic Speed Law
- Driving at excessive speed or in a manner unsafe for conditions is illegal. In a DUI case, this often comes into play, especially if the driver was speeding or failing to stop in time to avoid hitting the pedestrian.
💼 Potential Compensation for the Victim
In cases where a DUI driver hits a pedestrian, the victim may be entitled to recover:
- Medical expenses (hospital bills, surgeries, rehabilitation)
- Pain and suffering for the physical and emotional toll of the injury
- Lost wages due to time missed from work or loss of future earning capacity
- Property damage (if the pedestrian had personal property damaged, such as a phone)
- Emotional distress caused by the accident and injuries
- Punitive damages – because DUI is considered grossly negligent, punitive damages may be awarded to punish the driver and deter future behavior.
🧾 Important Evidence to Strengthen the Case
- Police report: This report will indicate DUI and the driver’s failure to yield, both crucial pieces of evidence.
- Blood Alcohol Content (BAC) test results: BAC or toxicology reports showing the driver was under the influence of alcohol or drugs at the time of the crash.
- Witness statements: Eyewitness accounts, especially those indicating that the pedestrian was in the crosswalk legally and the driver was impaired.
- Traffic camera footage or dashcam video (if available), showing the accident or the driver’s behavior leading up to the collision.
- Pedestrian injuries and medical records: These documents link the injuries to the crash and demonstrate the severity of the injuries.
- Crosswalk and road conditions: Evidence showing the pedestrian was within their legal right-of-way, and there were no road hazards.
⚖️ Criminal vs. Civil Accountability
- Criminal Consequences: The DUI driver may face criminal charges such as DUI with injury or vehicular manslaughter (if the pedestrian dies). If the driver was impaired, they will likely face fines, license suspension, and possibly jail time.
- Civil Consequences: As the injured pedestrian, you can file a personal injury lawsuit or claim compensation through the driver’s insurance. The gross negligence of driving under the influence may increase the amount of damages you are entitled to, including punitive damages.
✅ Next Steps
- Seek immediate medical treatment for your injuries.
- Request the police report and BAC test results from the crash.
- Collect witness statements and obtain video footage (if available).
- Document all injuries, medical treatments, and expenses.
- Consult a personal injury attorney with experience in DUI cases to maximize your recovery, especially for punitive damages.
Law Offices of James R. Dickinson – 909-848-8448
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