In a California personal injury case where a driver impaired by alcohol drives the wrong way, the intoxicated driver is almost certainly found 100% at fault due to gross negligence. Wrong-way driving under the influence is one of the most dangerous and clearly unlawful behaviors on the road, often resulting in head-on collisions, severe injuries, or fatalities — and it strongly supports claims for compensatory and punitive damages.
🚨 Legal Liability – Why the DUI Driver Is at Fault
- California Vehicle Code § 23152 – Driving Under the Influence (DUI)
- Driving while impaired is a criminal offense and establishes negligence per se in civil court. That means you don’t have to prove the driver was careless — just that they were under the influence and caused harm.
- California Vehicle Code § 21651 – Driving on the Wrong Side of a Divided Highway
- Driving the wrong way on a freeway or divided road is strictly illegal. When done under the influence, it’s often charged as felony DUI with injury and creates overwhelming evidence of fault.
- Gross Negligence & Punitive Damages
- DUI + wrong-way driving can be considered gross negligence or even reckless disregard for human life, which may justify punitive damages in a civil lawsuit.
💼 Damages You Can Claim
As the injured party, you may be entitled to:
- Medical bills (ER visits, surgeries, rehab, long-term care)
- Pain and suffering
- Lost wages and loss of future earning capacity
- Property damage (vehicle and contents)
- Emotional distress
- Punitive damages
🧾 Key Evidence to Build a Strong Case
- Police report documenting DUI and wrong-way driving
- Toxicology reports (breathalyzer, blood alcohol results)
- Traffic or dashcam footage
- Witness statements
- Photos of road signs, skid marks, and vehicle positions
- Medical records showing injuries caused by the crash
- 911 call logs or CHP incident reports
⚖️ Criminal vs. Civil Accountability
- Criminal Charges: The DUI driver may face felony charges, especially if the crash caused serious injury or death. This can include prison time, license revocation, and a permanent criminal record.
- Civil Lawsuit: You can pursue compensation for all losses, and punitive damages are commonly awarded in these types of high-risk DUI incidents.
✅ What You Should Do Now
- Get medical care and follow all treatment plans
- Request the police report and toxicology results
- Save all evidence (photos, witness info, damaged items)
- Keep track of lost wages, medical bills, and other costs
- Consult a personal injury attorney experienced in DUI and high-severity crash cases
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].