In a California personal injury case where a DUI driver fails to yield at a flashing red light and causes a collision, the driver is almost certainly legally liable due to two major violations: driving under the influence and failing to obey a traffic signal. A flashing red light is legally equivalent to a stop sign under California law, and drivers must come to a complete stop and yield the right-of-way before entering the intersection.
🚦 Legal Basis for Fault
- California Vehicle Code § 23152 – Driving Under the Influence (DUI)
- Driving while intoxicated is a criminal offense and provides grounds for negligence per se — a legal presumption of negligence when a safety law is broken and causes injury.
- California Vehicle Code § 21457(a) – Flashing Red Light
- Drivers approaching a flashing red signal must stop completely and proceed only when safe. Failing to do so violates traffic law and places fault squarely on the driver.
- Negligence Per Se
- Because the DUI driver violated both DUI laws and intersection rules, fault is presumed. The injured party need only prove the driver’s violations caused the crash.
💼 Damages Available to the Injured Party
If you were hit by a DUI driver who failed to yield at a flashing red, you may be entitled to:
- Medical expenses (including emergency care, rehab, follow-ups)
- Pain and suffering
- Lost income and future earnings if unable to work
- Vehicle and property damage
- Emotional distress
- Punitive damages
🧾 Evidence to Strengthen Your Claim
- Police report confirming DUI and failure to stop at the flashing red
- BAC or toxicology test results
- Witness statements supporting that the DUI driver ran the flashing red
- Traffic camera or surveillance footage
- Photos of the crash scene, traffic signals, and vehicle damage
- Medical records tying your injuries to the collision
⚖️ Criminal and Civil Penalties for the At-Fault DUI Driver
- Criminal: The driver may face DUI charges, potentially enhanced if injuries occurred. This can lead to jail, fines, license suspension, and a criminal record.
- Civil: You can file a personal injury claim or lawsuit for full financial compensation, and DUI behavior strengthens the case for punitive damages.
✅ Next Steps
- Seek medical attention promptly
- Obtain the police report
- Preserve evidence (photos, videos, witness contacts)
- Track all expenses and losses
- Consult a personal injury attorney — DUI cases often involve complex insurance issues and punitive damages
Law Offices of James R. Dickinson – 909-848-8448
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