In a California personal injury case where a DUI driver misjudges a yellow light and enters the intersection too late, causing a crash, the intoxicated driver is highly likely to be held liable — due to both the DUI and the failure to safely control their vehicle at a signalized intersection.
This type of incident often leads to T-bone or side-impact collisions, especially when the DUI driver enters the intersection after the light turns red and strikes a vehicle lawfully proceeding through.
🚦 Legal Basis for Liability
- California Vehicle Code § 23152 – Driving Under the Influence (DUI)
- Driving under the influence of alcohol or drugs is illegal. If intoxication contributes to a poor judgment call at a yellow or red light, this supports a negligence per se claim — meaning fault is presumed due to the DUI.
- California Vehicle Code § 21452 – Yellow Lights & Intersection Entry
- Drivers must exercise caution at yellow lights and are not allowed to enter an intersection once the signal turns red. A misjudgment due to intoxication can make the driver liable for failing to yield.
- Negligence Per Se
- The DUI violation alone can establish legal negligence. If that intoxication caused the poor timing and the crash, the injured party does not need to prove carelessness beyond the legal violation.
💼 Compensable Damages for the Victim
If you were injured by a DUI driver who entered an intersection too late, you may be entitled to:
- Medical bills (emergency care, follow-up, rehab)
- Pain and suffering
- Lost wages and loss of future earnings
- Property damage (vehicle, contents)
- Emotional distress
- Punitive damages
🧾 Evidence to Strengthen Your Case
- Police report noting DUI arrest and time of intersection entry
- Traffic light timing data (may show driver entered after red)
- Dashcam or surveillance video
- Witness testimony (from drivers, pedestrians, passengers)
- Toxicology results (breathalyzer, blood alcohol content)
- Medical documentation linking your injuries to the crash
- Photos of the scene, vehicle damage, and traffic signals
⚖️ Criminal vs. Civil Liability for the DUI Driver
- Criminal: The DUI driver may face misdemeanor or felony charges depending on injuries caused.
- Civil: You can sue for full compensation, and DUI typically opens the door for punitive damages in addition to medical and economic losses.
✅ What to Do Next
- Seek immediate medical attention
- Get the police report and DUI test results
- Preserve any dashcam or surveillance footage
- Document all injuries and expenses
- Consult a personal injury attorney — especially important in DUI intersection cases
Law Offices of James R. Dickinson – 909-848-8448
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