If a driver under the influence rear-ends another vehicle at high speed in California, the injured party likely has a strong personal injury case. California law clearly supports victims in DUI-related crashes, particularly rear-end collisions, where fault is usually straightforward.
🚗💥 California Personal Injury Case: DUI Rear-End Collision at High Speed
⚖️ Legal Liability
- DUI (Driving Under the Influence):
- A driver impaired by alcohol or drugs violates California Vehicle Code § 23152.
- This creates a “negligence per se” situation in civil court — the DUI itself proves a breach of duty.
- Rear-End Collision Presumption:
- Under California Vehicle Code § 21703, the rear driver is presumed at fault for not maintaining a safe following distance.
- When the driver is also under the influence and speeding, liability is even more clear-cut.
- Aggravating Factor – High Speed:
- Excessive speed adds weight to both the negligence and possible reckless conduct claims.
- This often justifies higher compensation and punitive damages.
💰 Types of Damages Recoverable
Economic:
- Medical bills
- Lost wages
- Property damage (vehicle repair/replacement)
Non-Economic:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
Punitive Damages:
- Because DUI is reckless behavior, punitive damages may be awarded to punish and deter similar conduct.
📝 Key Evidence to Collect
- Police report (especially DUI arrest details)
- BAC results or drug test
- Eyewitness accounts
- Photos of vehicle damage, crash scene, and injuries
- Dashcam or traffic cam footage (if available)
- Medical records documenting injuries
✅ Recommended Steps
- Seek medical attention (even for delayed symptoms like whiplash or concussions)
- Get a copy of the police report and confirm DUI charges were filed
- Notify your insurance company and open a claim with the at-fault driver’s insurer
- Consult a personal injury attorney, especially for high-speed/DUI accidents
- Document everything — injuries, treatments, lost work, and emotional impacts