In a California personal injury case where a DUI driver falls asleep and rear-ends another vehicle, the impaired driver is clearly at fault — both for driving under the influence and for failing to maintain control of the vehicle. Rear-end collisions already carry a presumption of fault against the rear driver, and when caused by DUI and drowsiness, it becomes a strong case for negligence per se and potential punitive damages.
🚦 Legal Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving while intoxicated is illegal. If a driver falls asleep at the wheel due to impairment, this strengthens both criminal charges and civil liability.
- California Vehicle Code § 21703 – Following Too Closely
- Drivers must maintain a safe distance to avoid a collision. Falling asleep and rear-ending someone is a textbook violation.
- Negligence Per Se
- If the DUI caused the driver to fall asleep and crash, you don’t need to prove they were acting unreasonably — just that their illegal behavior (DUI) directly caused your injury.
💼 Compensation Available to You
If you were rear-ended by a sleeping, intoxicated driver, you may be able to recover:
- Medical expenses (ER visits, physical therapy, medications)
- Property damage (vehicle repair or replacement)
- Lost income and reduced future earning potential
- Pain and suffering
- Emotional distress
- Punitive damages
🧾 Key Evidence to Prove Your Case
- Police report stating cause of crash (asleep/DUI)
- Blood alcohol content (BAC) results or toxicology reports
- Crash scene photos and vehicle damage
- Witness statements (e.g., driver appeared dazed or passed out)
- Medical records showing injury from impact
- Dashcam or traffic camera footage (if available)
⚖️ Criminal and Civil Consequences for the DUI Driver
- Criminal: DUI with injury may be charged as a felony in California, leading to jail time, fines, and license suspension.
- Civil: You can sue the driver or file a claim with their insurer. DUI behavior significantly increases your chances of recovering full damages, plus punitive damages.
✅ What You Should Do Next
- Get immediate medical care (even for delayed symptoms)
- Request the police report
- Preserve all evidence (photos, car repair estimates, medical bills)
- Gather witness info or dashcam footage
- Speak with a personal injury attorney, especially for DUI cases
Law Offices of James R. Dickinson – 909-848-8448
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