🛣️ Case Summary: Drunk Driver Takes Curve Too Fast – California Personal Injury
⚖️ Liability & Legal Standards
- Negligence Per Se:
- Driving under the influence violates California Vehicle Code § 23152.
- Excessive speed or unsafe turning may also violate Vehicle Code § 22350 (basic speed law).
- These violations establish “negligence per se”, meaning the drunk driver is presumed negligent.
- Driver Responsibility:
- California law requires drivers to maintain control and adjust speed when approaching curves.
- Losing control due to intoxication and speed is strong evidence of recklessness, not just negligence.
- Possible Scenarios for Injury:
- The drunk driver crashes into another vehicle while losing control.
- A passenger in the drunk driver’s car is injured.
- A pedestrian, cyclist, or property is hit when the vehicle veers off the road.
đź’° Damages You Can Pursue (as a Victim)
Economic Damages:
- Hospital and doctor bills
- Future medical treatment and therapy
- Lost income or reduced earning capacity
- Property damage (vehicle, fences, etc.)
Non-Economic Damages:
- Pain and suffering
- Anxiety, PTSD, or emotional trauma
- Disfigurement or permanent injuries
Punitive Damages:
- Because DUI involves reckless disregard for safety, punitive damages may be awarded.
🧾 Evidence That Strengthens the Case
- DUI arrest report and BAC test results
- Photos of the crash scene, curve, skid marks, and damage
- Eyewitness testimony about driving behavior before the crash
- Surveillance or dashcam footage
- Medical records and expense receipts
✅ What To Do Next (Victim’s Checklist)
- Seek medical attention and keep detailed records.
- Obtain a copy of the police and DUI reports.
- Document all financial losses and emotional impact.
- Contact a personal injury attorney (especially for DUI/punitive claims).
Law Offices of James R. Dickinson – 909-848-8448
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