In a California personal injury case where a driver under the influence (DUI) turns into oncoming traffic at an intersection, the intoxicated driver will almost certainly be found legally at fault due to both DUI and unsafe turning maneuvers, both of which are serious violations under California law. These incidents often cause head-on or side-impact collisions, and the injuries can be severe or life-threatening.
🚦 Legal Basis for Liability
- California Vehicle Code § 23152 – DUI
- Driving under the influence of alcohol or drugs is a criminal offense and automatically creates a basis for negligence per se, meaning the driver is presumed negligent for violating a public safety law.
- California Vehicle Code § 21801 – Left or U-Turns at Intersections
- A driver making a turn must yield to all oncoming traffic close enough to pose a hazard. Turning into oncoming traffic while impaired is a clear violation of this statute.
- Negligence Per Se
- The combination of DUI and an illegal or unsafe turn creates strong legal grounds to hold the driver liable without needing to prove additional carelessness or intent.
💼 Damages the Injured Party May Recover
If you were in the oncoming vehicle and were hit by a DUI driver turning into your lane, you may be entitled to compensation for:
- Medical expenses (hospitalization, surgeries, therapy)
- Lost wages and diminished future earning ability
- Pain and suffering
- Property damage (vehicle, electronics, personal items)
- Emotional distress
- Punitive damages
🧾 Evidence to Support Your Claim
- Police report documenting the DUI, intersection layout, and statements
- Blood alcohol content (BAC) results or drug test results
- Witness statements about the turn and the DUI driver’s behavior
- Traffic or surveillance footage (if available)
- Medical records linking your injuries to the crash
- Photos of the scene, vehicle positions, damage, and intersection signage
⚖️ Criminal and Civil Consequences for the DUI Driver
- Criminal: The DUI driver can face misdemeanor or felony charges, especially if injuries result. Penalties include jail time, license suspension, fines, and a criminal record.
- Civil: The injured party can file a personal injury lawsuit for compensatory and punitive damages.
✅ What to Do Next
- Seek medical treatment and document all injuries
- Obtain the police report
- Gather video, photo, and witness evidence
- Track all expenses and losses
- Speak with a personal injury attorney to ensure all legal options are explored — especially in DUI-related cases
Law Offices of James R. Dickinson – 909-848-8448
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