🚨 Case Summary: DUI Driver Hits Pedestrian in California Crosswalk
⚖️ Legal Liability
- Clear Negligence:
- The driver violated California Vehicle Code § 23152 (DUI) and likely § 21950, which gives pedestrians the right of way in crosswalks.
- This constitutes negligence per se — a legal doctrine where violating a safety law automatically implies negligence.
- Pedestrian’s Right of Way:
- California law heavily favors pedestrians in marked or unmarked crosswalks.
- Unless the pedestrian darted out unexpectedly (which must be proven), the driver is almost always held at fault.
💵 Damages the Pedestrian Can Claim
- Economic Damages:
- Medical expenses (past & future)
- Lost wages and loss of earning capacity
- Rehabilitation or long-term care
- Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
- Punitive Damages:
- Because DUI is reckless and intentional misconduct, California allows punitive damages to punish and deter such behavior.
📝 Evidence Needed
- Police and DUI arrest report
- BAC test results (blood or breathalyzer)
- Eyewitness statements
- Surveillance or traffic cam footage
- Photos of the scene, crosswalk markings, and injuries
- Medical records and treatment logs
🔧 Next Steps for the Victim
- Seek medical attention and document all injuries
- Request the police report and DUI evidence
- File a claim with the driver’s insurance company
- Consult or retain a personal injury attorney (especially important in DUI cases with high-value or complex claims)
- Preserve evidence
Law Offices of James R. Dickinson – 909-848-8448
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