In a California personal injury case where a DUI driver runs a stop sign and crashes into a crossing vehicle, the intoxicated driver is almost always considered fully at fault due to multiple violations: driving under the influence and failing to yield. This type of T-bone or side-impact collision frequently causes serious injuries, and victims are typically entitled to full compensation — often including punitive damages.
🚦 Legal Basis for Fault
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is illegal. A DUI that results in a crash automatically supports a negligence per se claim, meaning the driver is presumed negligent under the law.
- California Vehicle Code § 22450 – Stop Sign Law
- Drivers must come to a complete stop and yield to vehicles with the right of way. Running a stop sign is a clear violation and strong evidence of fault.
- Negligence Per Se
- Because the driver violated safety statutes (DUI and running a stop sign), the law presumes negligence without needing further proof of careless behavior.
💼 Damages You Can Recover
If you were hit by the DUI driver who failed to stop, you may be entitled to:
- Medical bills (emergency care, hospitalization, rehab)
- Pain and suffering
- Lost wages and future income losses
- Property damage (vehicle repair/replacement, personal belongings)
- Emotional distress
- Punitive damages
🧾 Evidence That Strengthens Your Claim
- Police report noting DUI and failure to stop
- BAC test results (breathalyzer or blood test)
- Eyewitness statements
- Traffic or surveillance camera footage
- Photos of the crash scene and damage
- Medical documentation of your injuries
- Expert analysis (accident reconstruction, if needed)
⚖️ Criminal and Civil Consequences for the At-Fault Driver
- Criminal: The DUI driver can face misdemeanor or felony DUI charges, depending on the injuries caused and any prior offenses.
- Civil: You can sue the driver for full compensation, and the presence of DUI strengthens your case for punitive damages.
✅ What to Do Next
- Get medical attention, even for minor symptoms
- Obtain the police report
- Preserve all evidence (photos, videos, witness info)
- Document expenses and injuries
- Contact a personal injury attorney, especially important in DUI cases involving stop sign violations and serious impact