✅ Case Overview: Drunk Driver Loses Control on Freeway (California)
Incident Description (Hypothetical):
A drunk driver loses control of their vehicle on a California freeway, causing a collision that results in injuries to another motorist or passenger.
🔍 Legal Foundation
- Negligence Per Se:
- In California, driving under the influence (DUI) violates Vehicle Code § 23152(a)/(b).
- This violation often leads to “negligence per se”, meaning the act itself (driving drunk) is considered inherently negligent in civil court.
- Liability Determination:
- If it’s proven that the driver was under the influence and caused the crash, liability is typically straightforward.
- Police reports and BAC results are key pieces of evidence.
- Comparative Fault:
- California uses pure comparative negligence, meaning if both parties share fault, damages are reduced by each party’s percentage of fault.
- Example: If the injured driver was 10% at fault, they can still recover 90% of damages.
💰 Damages You Can Pursue
- Economic:
- Medical expenses
- Lost income
- Vehicle repairs or replacement
- Non-Economic:
- Pain and suffering
- Emotional distress
- Disfigurement or disability
- Punitive:
- California allows punitive damages in DUI cases to punish or deter egregious misconduct.
🔧 Next Legal Steps
- Gather Evidence:
- Police report, DUI test results, dash cam footage, witness statements, medical records
- Contact Insurance Companies:
- File a claim against the at-fault driver’s policy
- Consult a Personal Injury Attorney:
- Especially important in DUI cases due to punitive damages and potential for criminal-civil overlap
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”]].