In a California personal injury case where a DUI driver rolls through a stop sign and strikes a pedestrian, the intoxicated driver is almost certainly 100% at fault due to two major violations: driving under the influence and failing to stop/yield at a stop sign. These cases are taken very seriously in both civil and criminal court, especially when pedestrians are involved, and victims are often entitled to full compensation plus punitive damages.
🚨 Legal Grounds for Fault
- California Vehicle Code § 23152 – DUI
- Driving under the influence of alcohol or drugs is a criminal offense and provides a basis for negligence per se — meaning legal fault is presumed.
- California Vehicle Code § 22450 – Stop Sign Law
- Drivers are required to come to a complete stop and yield to pedestrians in crosswalks or intersections. Failing to do so is a direct violation.
- California Vehicle Code § 21950 – Right-of-Way for Pedestrians
- Drivers must yield to pedestrians crossing the roadway within marked or unmarked crosswalks. A driver who hits a pedestrian while impaired and failing to stop has violated multiple safety laws.
- Negligence Per Se
- Because the DUI driver violated specific public safety laws, you don’t have to prove they acted unreasonably — only that the violation caused your injuries.
💼 Recoverable Damages for the Injured Pedestrian
You may be entitled to compensation for:
- Medical expenses (ER visits, surgery, physical therapy)
- Lost income and diminished earning capacity
- Pain and suffering
- Emotional distress and trauma
- Permanent disability or disfigurement
- Punitive damages
🧾 Key Evidence That Supports Your Claim
- Police report noting DUI, stop sign violation, and pedestrian location
- BAC or toxicology test results
- Surveillance video (from nearby homes, businesses, or traffic cameras)
- Eyewitness accounts of the collision and driver behavior
- Medical records linking injuries directly to the crash
- Photos of the scene, injuries, and crosswalk or signage
⚖️ Criminal vs. Civil Proceedings
- Criminal: The driver may face felony DUI with injury, which could result in jail time, license suspension, fines, and a criminal record.
- Civil: You can file a personal injury lawsuit or claim for financial compensation. DUI cases are strong grounds for punitive damages beyond normal injury compensation.
✅ Next Steps
- Get medical treatment immediately, even for minor injuries
- Obtain and save the police report
- Preserve any video footage and witness contact info
- Document your injuries and expenses
- Consult with a personal injury attorney, especially with DUI and pedestrian injuries involved
Law Offices of James R. Dickinson – 909-848-8448
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