🚗🔄 California Personal Injury Case: DUI Driver Causes Rollover Accident
⚖️ Legal Liability
- Negligence Per Se:
- A DUI is a direct violation of California Vehicle Code § 23152, establishing automatic negligence (negligence per se).
- If speeding or reckless driving was also involved, additional Vehicle Code violations (e.g., § 22350) strengthen the claim.
- Fault Determination:
- If the DUI driver directly caused the rollover (by hitting another vehicle, forcing someone off the road, or losing control), they are typically 100% liable.
- Multiple Victims Possible:
- Rollover accidents can injure passengers, other drivers, pedestrians, or cyclists.
- Each victim can file a separate claim for damages.
🩺 Common Injuries in Rollover Accidents
- Head trauma or traumatic brain injury (TBI)
- Spinal cord injuries or paralysis
- Broken bones
- Internal organ damage
- Severe lacerations and disfigurement
- Psychological trauma (PTSD, anxiety)
These injuries often result in long-term care or permanent disability, justifying larger settlements or court awards.
💵 Damages You Can Pursue
Economic Damages:
- Hospital and surgery costs
- Rehab and future medical care
- Lost wages and loss of earning potential
- Property loss (vehicle, personal items)
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Disfigurement or diminished quality of life
Punitive Damages:
- Available due to the reckless nature of DUI driving, especially in high-impact crashes like rollovers.
📝 Evidence That Supports the Case
- Police report confirming DUI and cause of the crash
- Blood Alcohol Content (BAC) results or drug screening
- Photos of the crash site, rollover scene, and vehicle damage
- Eyewitness or first responder statements
- Traffic or dashcam footage
- Medical reports and expert evaluations
✅ Recommended Next Steps for Victims
- Get medical attention immediately — even for hidden injuries
- Request the police report and DUI test results
- Preserve evidence (photos, receipts, repair estimates)
- Avoid talking to the DUI driver’s insurer without legal counsel
- Consult a personal injury attorney to explore full compensation, including punitive damages
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”]].