In a California personal injury case where a DUI driver hits a jogger running on the shoulder of the road, the intoxicated driver is typically at fault for the collision. California law holds drivers accountable for injuries caused by their negligent or reckless behavior, and driving under the influence is a key factor in establishing negligence per se.
⚖️ Legal Basis for Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is illegal. If the driver is impaired at the time of the accident, they are automatically presumed negligent under the principle of negligence per se. This means the driver’s intoxication itself creates legal responsibility for the crash.
- California Vehicle Code § 21954 – Pedestrian Right-of-Way on Roadways
- While pedestrians are typically required to stay on sidewalks, joggers on the shoulder are still entitled to reasonable safety. Drivers are expected to be aware of pedestrians and exercise caution, especially when the pedestrian is clearly visible.
- California Vehicle Code § 22350 – Basic Speed Law
- Drivers are required to operate their vehicles at speeds reasonable and prudent given the conditions of the road. Excessive speed, especially combined with DUI, can lead to dangerous driving that fails to recognize pedestrians on the shoulder.
- Negligence Per Se
- The driver’s DUI and failure to observe basic driving laws (such as yielding to pedestrians) establishes negligence per se, meaning you do not have to prove the driver was careless — their violation of the law is enough to hold them liable.
💼 Potential Compensation for the Injured Jogger
If you were the jogger hit by a DUI driver, you may be entitled to recover:
- Medical expenses (hospital bills, rehabilitation, surgeries)
- Pain and suffering (physical pain and emotional distress)
- Lost wages (if you missed work or can no longer work due to injuries)
- Property damage (such as damage to your phone, clothing, or running gear)
- Emotional distress (due to trauma from the accident)
- Punitive damages
🧾 Key Evidence to Strengthen Your Case
- Police report: The report should note the driver’s impairment and the failure to yield or observe the pedestrian.
- BAC or toxicology results: These will prove the driver was under the influence at the time of the accident.
- Witness statements: Eyewitnesses who saw the accident or can testify that the driver failed to yield to the jogger or was driving recklessly.
- Medical records: Documents showing the severity of your injuries and the treatment you received.
- Dashcam or surveillance footage: Video evidence showing the driver’s erratic behavior or the crash itself.
- Photos of the accident scene: These may show the location where the crash occurred and support the claim that the jogger was on the shoulder of the road.
⚖️ Criminal and Civil Penalties for the DUI Driver
- Criminal: The DUI driver can face serious criminal charges, including DUI with injury, which could result in license suspension, fines, probation, and even jail time. If the injuries are severe or fatal, they could be charged with felony DUI.
- Civil: In addition to criminal penalties, you can file a personal injury lawsuit or make a claim with the driver’s insurance for damages. Given the DUI aspect, you may also be entitled to punitive damages, which are designed to punish the driver for their reckless behavior and discourage others from driving under the influence.
✅ Next Steps to Take
- Seek medical attention for any injuries and keep track of all your medical treatments.
- Obtain the police report and request BAC test results to establish the driver was under the influence.
- Gather witness statements and preserve any video or photographic evidence of the crash or the scene.
- Document all losses (medical bills, lost wages, pain and suffering).
- Consult a personal injury attorney who specializes in DUI cases to ensure your rights are protected and you pursue maximum compensation, including punitive damages if appropriate.
Law Offices of James R. Dickinson – 909-848-8448
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