In a California personal injury case where a DUI driver is speeding excessively and loses control, the intoxicated driver is clearly at fault for any resulting crash or injuries. This situation involves multiple traffic law violations, including driving under the influence, reckless driving, and excessive speed, all of which establish negligence per se — a powerful legal presumption that the driver was negligent simply by breaking the law.
⚖️ Legal Grounds for Fault
- California Vehicle Code § 23152 – Driving Under the Influence (DUI)
- Operating a motor vehicle while under the influence of alcohol or drugs is a criminal offense. When DUI contributes to a crash, the driver is presumed negligent in civil court.
- California Vehicle Code § 22350 – Basic Speed Law
- Drivers must not travel faster than is reasonable for conditions, regardless of posted limits. Excessive speed, especially when combined with DUI, is reckless and unlawful.
- California Vehicle Code § 23103 – Reckless Driving
- Driving in willful disregard for the safety of others is a misdemeanor, and in personal injury cases, it strongly supports liability and punitive damages.
- Negligence Per Se
- When someone violates a safety law (like DUI or speeding) and causes harm, they are automatically presumed negligent — no need to prove they were being careless.
💼 Compensation You May Be Entitled To
Victims in this kind of case can typically recover:
- Medical bills (emergency care, hospital stays, surgery, therapy)
- Lost income and future earning potential
- Pain and suffering
- Vehicle and personal property damage
- Emotional distress
- Punitive damages – commonly awarded when DUI and reckless speed are involved
🧾 Key Evidence to Support Your Claim
- Police report indicating DUI, excessive speed, and loss of control
- Toxicology/BAC test results
- Skid marks, crash scene damage, vehicle telemetry (if available)
- Witness statements about erratic or high-speed driving
- Surveillance or dashcam footage
- Medical records directly linking injuries to the crash
⚖️ Criminal and Civil Penalties for the DUI Driver
- Criminal: Likely charged with DUI with injury, reckless driving, or felony DUI if serious injury or death occurred — which could result in jail, license suspension, and significant fines.
- Civil: You can file a personal injury lawsuit or insurance claim. The facts of the case (DUI + speed + crash) often justify full compensation plus punitive damages.
✅ What You Should Do Next
- Get medical treatment and document your injuries
- Request the police report and BAC test results
- Preserve all evidence (photos, video, eyewitness info)
- Track all costs — medical, repairs, lost wages, etc.
- Consult a personal injury attorney, especially for DUI cases where punitive damages may apply
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].