In a California personal injury case involving a DUI driver causing a head-on collision, the intoxicated driver is almost always considered fully at fault and may face both civil and criminal penalties. Head-on collisions are among the most catastrophic types of crashes, and when alcohol or drugs are involved, they can lead to significant compensation for injured victims — including punitive damages.
🚨 Legal Grounds for Fault and Liability
- California Vehicle Code § 23152 – DUI Law
- Driving under the influence of alcohol or drugs is illegal. A violation that results in a crash establishes negligence per se, meaning the law presumes the driver was negligent without needing to prove fault beyond the violation.
- California Vehicle Code § 21651 – Driving on the Wrong Side of the Road
- DUI drivers often cause head-on collisions by crossing into oncoming traffic. Doing so is a clear traffic violation and supports a strong case for liability.
- Negligence Per Se
- When a DUI directly causes a head-on collision, the drunk driver is presumed negligent because they violated a public safety law — no further proof of recklessness is required.
💼 Compensation You May Be Entitled To
Victims of head-on crashes caused by DUI drivers in California can typically recover:
- Medical expenses (emergency care, surgeries, rehab, ongoing treatment)
- Lost wages and loss of future earning capacity
- Pain and suffering
- Property damage (totaled vehicles, destroyed personal property)
- Emotional distress and mental anguish
- Punitive damages
🧾 Key Evidence to Support Your Case
- Police report (documenting DUI, citations, field sobriety tests, arrest)
- BAC test results (blood alcohol content or drug panel)
- Dashcam or surveillance footage
- Witness statements (including from passengers or bystanders)
- Accident reconstruction reports
- Medical records tying injuries to the crash
- Photos of the scene showing vehicle positions and damage
⚖️ Criminal and Civil Consequences for the DUI Driver
- Criminal: DUI causing injury or death can result in felony charges, jail or prison time, license suspension, and fines.
- Civil: The DUI driver can be held financially liable for all harm caused — and, due to the egregious nature of DUI, the court may award punitive damages meant to punish and deter such conduct.
✅ Steps to Take Immediately
- Seek emergency medical treatment for all injuries.
- Request and retain the police report.
- Collect all evidence — photos, witness contact info, videos, vehicle damage reports.
- Track all expenses: medical bills, therapy, lost wages, and property damage.
- Consult a personal injury attorney experienced in DUI and catastrophic injury claims.
Law Offices of James R. Dickinson – 909-848-8448
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