In a California personal injury case where a DUI driver runs a red light and T-bones cross-traffic, the intoxicated driver is almost certainly found 100% at fault due to both the DUI and the traffic violation. This kind of crash — often occurring at intersections — tends to cause severe injuries, and victims may be entitled to significant compensation, including punitive damages.
🚦 Legal Basis for Liability
- California Vehicle Code § 23152 – DUI
- Driving under the influence of alcohol or drugs is illegal. If the DUI directly causes a crash, it constitutes negligence per se, meaning the court presumes the driver was negligent.
- California Vehicle Code § 21453 – Running a Red Light
- Running a red light is a clear violation of traffic law and strongly supports liability. When combined with DUI, it demonstrates reckless disregard for public safety.
- Negligence Per Se
- Because the DUI driver violated laws intended to prevent harm, the victim does not have to prove the driver was careless — just that the DUI and red light violation occurred and caused the injury.
💼 Damages You May Be Entitled To
As the injured party (T-boned while crossing legally on a green light), you may seek:
- Medical expenses (emergency room, surgery, rehab)
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage (totaled vehicle, destroyed personal items)
- Emotional distress
- Punitive damages
🧾 Critical Evidence to Prove Your Case
- Police report (should document DUI and red light violation)
- Field sobriety or chemical test results (BAC or drug panel)
- Traffic camera or intersection surveillance footage
- Dashcam video (if available from either vehicle)
- Witness statements (other drivers, pedestrians, passengers)
- Medical records directly linking your injuries to the crash
- Photos of vehicle damage and intersection layout
⚖️ Civil vs. Criminal Consequences for the DUI Driver
- Criminal: The DUI driver may face criminal charges for DUI and for causing injury (possibly as a felony), including jail time, fines, and license suspension.
- Civil: You have the right to file a personal injury lawsuit to recover compensation for all losses — and punitive damages may be awarded to punish the driver’s recklessness.
✅ What to Do Next
- Get immediate medical treatment
- Request and save the police report
- Gather photos, witness contacts, and available video footage
- Keep records of all expenses and injuries
- Speak with a personal injury attorney — especially important in DUI cases to preserve evidence and maximize recovery
Law Offices of James R. Dickinson – 909-848-8448
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