In a California personal injury case where a DUI driver makes an illegal left turn and is struck by oncoming traffic, the intoxicated driver is almost certainly found at fault due to two major violations: driving under the influence and failing to yield while turning left. These cases often result in high-impact collisions and significant injuries for the oncoming driver — who typically has the right-of-way.
🚦 Legal Basis for Fault
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is a criminal offense. A DUI-related crash supports a negligence per se claim, meaning fault is presumed due to the violation of a safety law.
- California Vehicle Code § 21801(a) – Left Turn Yield Rule
- A driver turning left must yield to oncoming vehicles that are close enough to be a hazard. Making an illegal or unsafe left turn violates this law, clearly establishing liability.
- Negligence Per Se
- When a driver violates both DUI and traffic right-of-way laws, they are considered negligent without needing to prove further carelessness. The oncoming vehicle generally has the legal and expected right-of-way.
💼 Damages the Injured Party May Recover
As the driver who was hit by the DUI offender making an illegal turn, you may be entitled to compensation for:
- Medical bills (emergency room, surgeries, ongoing care)
- Pain and suffering
- Lost income and reduced earning ability
- Vehicle and property damage
- Emotional distress
- Punitive damages
🧾 Key Evidence to Prove Your Case
- Police report confirming DUI and illegal left turn
- Blood alcohol concentration (BAC) results or drug test
- Witness statements supporting your right-of-way
- Dashcam or traffic camera footage
- Accident scene photos showing point of impact and lane positions
- Medical records linking injuries to the crash
- Expert testimony, if needed, to reconstruct the accident
⚖️ Criminal vs. Civil Liability for the DUI Driver
- Criminal Charges: DUI plus causing injury can lead to misdemeanor or felony charges, license suspension, fines, and possible jail time.
- Civil Liability: You can pursue a personal injury lawsuit or insurance claim for full compensation, and punitive damages are often justified when DUI is involved.
✅ What to Do Next
- Get medical treatment right away
- Request and preserve the police report
- Gather evidence (photos, video, witness contacts)
- Keep all receipts and documentation of medical treatment and expenses
- Speak with a personal injury attorney, especially important in DUI cases involving illegal turns and serious injuries
Law Offices of James R. Dickinson – 909-848-8448
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