If Driver B is intoxicated and misjudges stopping distance, causing a crash in California, this is a clear case of negligence—and possibly gross negligence or recklessness, which can open the door to punitive damages in a personal injury case.
🔍 Legal Implications of Intoxicated Driving in California
- Driving under the influence (DUI) is illegal under California Vehicle Code § 23152.
- A DUI alone establishes negligence per se, meaning Driver B is presumed negligent because they violated a public safety law.
- Misjudging stopping distance while intoxicated typically results in a rear-end collision, where Driver B is almost always presumed at fault.
💼 Injured Party’s Legal Options (Driver A or Others)
Driver A (or any injured party) can seek compensatory damages, including:
- Medical expenses (past and future)
- Lost income and earning capacity
- Pain and suffering
- Property damage
- Emotional distress
And possibly punitive damages, because intoxicated driving may be considered willful disregard for the safety of others.
🧾 Evidence That Strengthens the Claim
- Police report and DUI arrest record
- Blood alcohol content (BAC) test results
- Eyewitness statements
- Dashcam or surveillance footage
- Expert testimony (e.g., accident reconstructionist)
⚖️ Comparative Fault Still Applies (But Rare in This Scenario)
California uses pure comparative negligence, but in DUI-related crashes, the drunk driver (Driver B) is typically found 100% at fault unless the other party did something extraordinary to contribute.
🚨 Criminal vs. Civil Consequences
- Driver B will likely face criminal DUI charges, but Driver A must file a separate civil personal injury lawsuit to recover damages.
- A DUI conviction helps the civil case but doesn’t automatically award compensation.
Law Offices of James R. Dickinson – 909-848-8448
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