In a California personal injury case where a DUI driver runs a red light at high speed, the impaired driver will almost certainly be found 100% at fault for any injuries or damages caused. This type of conduct constitutes gross negligence and may lead to both civil liability (compensatory and punitive damages) and criminal prosecution.
⚖️ Key Legal Violations
- Driving Under the Influence (DUI) – California Vehicle Code § 23152
- Driving while impaired by alcohol or drugs is illegal. If the driver caused a collision while under the influence, it constitutes negligence per se in a civil case—automatically establishing fault.
- Running a Red Light – California Vehicle Code § 21453
- Failing to stop at a red light is a serious traffic violation. Doing so at high speed increases the likelihood of a T-bone or broadside collision, which often results in severe injuries.
- Speeding – California Vehicle Code § 22350 (Basic Speed Law)
- Drivers must always maintain a speed that is safe for the conditions. Excessive speed, particularly when entering an intersection against a red light, is reckless and dangerous.
💼 Compensation for Victims
Victims injured in this scenario may be entitled to:
- Medical expenses (past and future)
- Lost wages or loss of earning capacity
- Pain and suffering
- Property damage
- Emotional distress
- Punitive damages due to the reckless and illegal nature of the DUI driver’s actions
🧾 Key Evidence
- Police report confirming DUI and traffic signal violation
- Breathalyzer or toxicology results
- Traffic camera or surveillance footage
- Witness statements
- Photos of the scene and vehicle damage
- Medical records documenting injuries
⚖️ Criminal Liability
The driver may face felony DUI with injury charges (Vehicle Code § 23153), especially given the combination of intoxication, speeding, and running a red light. Penalties could include:
- Prison time
- License suspension or revocation
- Fines
- Mandatory DUI education or rehabilitation
✅ Next Steps for the Injured Party
- Get immediate medical attention.
- Obtain the police report and DUI test results.
- Preserve any video or photo evidence.
- Consult a personal injury attorney experienced in DUI-related cases.
Law Offices of James R. Dickinson – 909-848-8448
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