In a California personal injury case where a drunk driver accelerates through a stop sign and crashes into a vehicle lawfully traveling through the intersection, the drunk driver is almost certainly 100% at fault. This situation involves multiple clear violations of California law and constitutes gross negligence, which can expose the impaired driver to punitive damages in addition to civil liability.
⚖️ Legal Violations and Basis for Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is a criminal offense and a strong basis for negligence per se in civil court. If intoxication contributed to the driver’s failure to stop, they are automatically considered negligent under the law.
- California Vehicle Code § 22450 – Failure to Stop at Stop Sign
- Drivers must make a full stop at a marked limit line or before entering a crosswalk or intersection. Running a stop sign—especially while intoxicated—is a direct violation and dangerous, increasing the likelihood of a T-bone or broadside collision.
- California Vehicle Code § 21802 – Right-of-Way at Stop Signs
- A vehicle entering an intersection from a stop sign must yield to any vehicle already in the intersection or approaching closely enough to pose a hazard. Failing to yield the right-of-way is another basis for civil liability.
- Gross Negligence & Punitive Damages
- The combination of DUI and intentionally accelerating through a stop sign may amount to gross negligence or even recklessness, which allows the injured party to pursue punitive damages—monetary penalties awarded to punish the wrongdoer and deter similar behavior.
💼 Right to Compensation
If you were in the other vehicle and injured in this crash, you may be entitled to compensation for:
- Medical bills (including future treatment)
- Lost income or reduced earning capacity
- Pain and suffering
- Vehicle/property damage
- Emotional distress
- Punitive damages, due to the egregious nature of the driver’s conduct
🧾 Crucial Evidence to Strengthen the Case
- Police report noting the DUI arrest, field sobriety test results, and any citations for traffic violations.
- Breathalyzer or blood test results showing the driver’s blood alcohol content (BAC).
- Eyewitness statements confirming that the drunk driver failed to stop.
- Intersection camera, dashcam, or surveillance footage showing the crash.
- Medical records documenting your injuries and treatment timeline.
- Photos of the vehicles, skid marks, and road signs.
⚖️ Criminal and Civil Consequences for the Drunk Driver
- Criminal Charges: Likely to include DUI and possibly reckless driving or DUI with injury (VC § 23153), which is a felony in California.
- Civil Liability: The impaired driver will almost certainly be held liable for all damages. If gross negligence is proven, they may also face punitive damages in civil court.
✅ What to Do Next
- Seek immediate medical attention (even for minor symptoms).
- Request the police report and DUI records.
- Gather contact info for witnesses and preserve evidence (photos, dashcam, etc.).
- Consult a personal injury attorney—particularly one experienced in DUI accident cases.