In a California personal injury case where a DUI driver speeds through an alleyway and strikes a pedestrian, the driver is highly likely to be found fully at fault due to multiple serious violations of law and safety standards. This is a textbook case of gross negligence, and the pedestrian may be entitled to significant compensation, including punitive damages.
⚖️ Legal Violations by the Driver
- California Vehicle Code § 23152 – Driving Under the Influence (DUI)
- Driving under the influence of alcohol or drugs is a criminal offense and establishes negligence per se in a civil lawsuit. This means the drunk driver is automatically considered negligent because they violated a public safety law.
- California Vehicle Code § 22350 – Basic Speed Law
- Drivers must operate their vehicles at speeds that are safe for the conditions. Alleyways often have limited visibility, are narrow, and commonly have pedestrians nearby. Speeding in such a setting—especially while impaired—shows a blatant disregard for safety.
- California Civil Code § 1714 – General Negligence Standard
- Drivers owe a duty of care to pedestrians. Violating that duty by speeding and driving drunk in a pedestrian-prone area like an alley constitutes a breach and supports a strong negligence claim.
🚶♂️ Pedestrian’s Right to Compensation
A pedestrian injured in this type of accident may recover compensatory and punitive damages for:
- Medical expenses (ER, surgeries, rehabilitation, future care)
- Lost income or diminished earning capacity
- Pain and suffering
- Permanent disfigurement or disability
- Emotional trauma
- Punitive damages
🧾 Crucial Evidence
To support the claim, the following evidence will be vital:
- Police report showing the DUI arrest, speeding behavior, and driver statements
- Blood alcohol content (BAC) or toxicology results
- Witness statements from anyone who saw the driver speed or observed the crash
- Surveillance footage from nearby buildings or security cameras in the alley
- Medical records linking injuries directly to the crash
- Photos of the scene, including skid marks, damage, and pedestrian location
⚖️ Criminal and Civil Consequences for the Driver
- Criminally, the driver may face charges for DUI and DUI with injury (Vehicle Code § 23153), a felony in California.
- Civilly, the driver will likely be held 100% liable and may face punitive damages if their behavior is deemed egregious enough.
✅ What the Injured Pedestrian Should Do
- Seek immediate medical care and document all injuries.
- Obtain the police report and DUI evidence.
- Collect witness information and any camera footage.
- Contact a personal injury attorney, especially one with experience in pedestrian and DUI cases.
Law Offices of James R. Dickinson – 909-848-8448
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