In a California personal injury case where a driver enters the freeway via an off-ramp (driving the wrong way), that driver is likely to be found fully at fault due to gross negligence or even reckless driving. Wrong-way entry onto a freeway is extremely dangerous and frequently results in head-on collisions, which are among the most severe types of crashes.
🚦 Legal Grounds for Liability
- California Vehicle Code § 21651 – Driving on Divided Highways
- This law prohibits driving in the wrong direction on any divided highway (including entering via an off-ramp). Violating this statute is a serious offense, and if it leads to injury, it supports a negligence per se claim.
- California Vehicle Code § 23103 – Reckless Driving
- Driving the wrong way onto a freeway may also be considered reckless driving, which can justify additional liability and even criminal charges.
- Negligence Per Se
- Because the driver violated a statute intended to prevent exactly this type of harm (wrong-way collisions), they are presumed negligent per se—meaning the legal duty and breach are automatically established.
💼 Potential Damages for the Injured Party
If you were injured by a wrong-way driver entering via an off-ramp, you may be entitled to:
- Medical expenses (including emergency care, surgeries, rehab)
- Pain and suffering
- Lost wages and future earning capacity
- Property damage (vehicle, personal items)
- Emotional distress
- Punitive damages (especially if the conduct was egregious or the driver was intoxicated)
🧾 Key Evidence to Support the Claim
- Traffic camera or surveillance footage (especially at freeway ramps)
- Police report (should note wrong-way entry and citations/arrests)
- Eyewitness accounts
- Dashcam video
- Accident reconstruction expert testimony
- Medical records documenting injuries linked to the crash
⚖️ Criminal and Civil Consequences for the At-Fault Driver
- The at-fault driver may face criminal penalties.
- In civil court, these facts strengthen your personal injury claim and may open the door to punitive damages for gross negligence.
✅ Steps to Take After the Incident
- Seek immediate medical care
- Call the police and obtain the report
- Take photos/video at the scene (if safe to do so)
- Identify witnesses
- Consult a personal injury attorney experienced in freeway crash cases
Law Offices of James R. Dickinson – 909-848-8448
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