In a California personal injury case involving a drunk driver running a red light, the at-fault driver is typically found negligent per se, and they may face both civil and criminal liability for the crash. Drunk driving is a serious violation, and when combined with running a red light, it significantly increases the chances of causing a severe accident.
🚦 Legal Grounds for Liability
- California Vehicle Code § 23152 – Driving Under the Influence (DUI)
- A drunk driver is considered negligent per se, meaning they are automatically considered negligent for causing an accident because they violated California’s DUI laws. This violation significantly strengthens your personal injury claim and provides a clear path to recover damages.
- California Vehicle Code § 21453 – Running a Red Light
- Running a red light is a traffic violation that automatically makes the driver liable for any accidents caused by their actions. The failure to stop at a red light demonstrates reckless disregard for safety, which directly leads to liability in personal injury cases.
- Negligence Per Se
- Since the driver violated a law (DUI and running a red light), you can argue negligence per se, which makes it easier to prove that the driver is legally responsible for the injuries and damages caused in the crash.
đź’Ľ Potential Damages You May Be Entitled to
If you were injured in a crash caused by a drunk driver running a red light, you may be able to recover:
- Medical expenses (emergency room visits, surgeries, rehabilitation)
- Pain and suffering (physical and emotional distress)
- Lost wages (for time missed from work and potential long-term earning capacity)
- Property damage (car repairs or replacement)
- Emotional distress (especially if the crash was traumatic or caused permanent injury)
- Punitive damages
🧾 Key Evidence to Support Your Case
- Police report (especially noting the DUI and red light violation)
- Breathalyzer test results or blood alcohol content (BAC) records from the DUI stop
- Witness statements (drivers, pedestrians, passengers who saw the crash or the driver’s behavior)
- Traffic camera footage showing the red light and the driver running it
- Medical records documenting injuries and treatment
- Dashcam or surveillance footage (if available, showing the crash or the driver’s behavior)
- Accident reconstruction expert (if needed, to demonstrate the chain of events)
⚖️ Criminal and Civil Consequences for the Drunk Driver
- Criminal Liability: The drunk driver may face criminal charges for DUI, which can result in fines, license suspension, or even jail time, depending on the severity of the offense and whether they caused injury or death.
- Civil Liability: In addition to criminal penalties, the driver can be held financially liable for the injuries, property damage, and suffering caused by the crash. In California, the victim can pursue damages in a civil lawsuit for compensation.
âś… What to Do Next
- Seek immediate medical attention for any injuries, even if they seem minor initially
- File a police report and ensure that DUI and red light violations are recorded
- Collect evidence: take photos of the scene, witness contact information, and get any available surveillance footage
- Consult with a personal injury attorney: They can help ensure that your case is handled properly and guide you through the process of dealing with insurance companies and the drunk driver’s liability.
Law Offices of James R. Dickinson – 909-848-8448
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