In a California personal injury case where a driver under the influence (DUI) tailgates another vehicle, the intoxicated driver would likely be found at fault for any resulting accidents or injuries. DUI and tailgating (driving too closely to another vehicle) are both reckless and negligent behaviors that significantly increase the risk of accidents.
⚖️ Legal Grounds for Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is illegal in California, and it significantly impairs the driver’s ability to react and make safe driving decisions. If the DUI driver tailgates, their impaired judgment and reaction times increase the likelihood of a crash. This makes them automatically liable for any damage or injuries they cause in the crash, under the principle of negligence per se.
- California Vehicle Code § 21703 – Following Too Closely (Tailgating)
- Tailgating is explicitly prohibited under California law. Drivers are required to maintain a safe distance from the vehicle in front of them, ensuring they have enough time to react in case the vehicle ahead suddenly stops. Tailgating is particularly dangerous when combined with intoxication, as the DUI driver’s reaction times are impaired, making it much more likely they will rear-end the vehicle in front of them if it suddenly brakes.
- California Vehicle Code § 22350 – Basic Speed Law
- California law also requires drivers to travel at a safe speed based on road conditions and traffic. Tailgating indicates that the driver is not traveling at a safe or reasonable speed and is at a higher risk of causing an accident, particularly when impaired by alcohol or drugs.
- Negligence Per Se
- The concept of negligence per se applies here because the DUI driver violated the law by being intoxicated and engaging in reckless behavior, such as tailgating. When a driver causes harm by violating a traffic law (such as DUI or following too closely), the law automatically assumes that they were negligent, and this strongly supports the injured party’s case.
💼 Types of Compensation You May Be Entitled To
If you were injured in an accident caused by a DUI driver tailgating, you may be entitled to the following compensation:
- Medical Expenses: Covers the costs of all medical treatments, including hospital visits, surgeries, physical therapy, medications, and future medical care required to recover from injuries.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and suffering caused by the accident and resulting injuries.
- Lost Wages: If the accident caused you to miss work, you can recover lost earnings and potentially future income if you are unable to work due to your injuries.
- Property Damage: Compensation for the repair or replacement of your vehicle and other damaged property.
- Emotional Distress: Compensation for the psychological impact of the accident, such as anxiety, fear, or PTSD.
- Punitive Damages: Punitive damages are meant to punish the driver and deter future reckless behavior.
🧾 Key Evidence to Strengthen Your Case
- Police Report: The police report will include key details such as whether the driver was arrested for DUI and any findings regarding the accident, such as the driver’s tailgating behavior and level of intoxication.
- BAC or Toxicology Results: Evidence of the DUI driver’s blood alcohol content (BAC) or drug test results will confirm they were impaired at the time of the accident, strengthening your case.
- Witness Statements: Eyewitnesses who observed the DUI driver tailgating or driving erratically can provide important testimony to establish that the driver was at fault.
- Dashcam or Surveillance Footage: If there is any video footage of the accident or the driver’s behavior leading up to the crash (such as tailgating or erratic driving), it can serve as key evidence in your case.
- Medical Records: Detailed medical records showing the extent of your injuries and the treatment you received are crucial for proving your damages.
- Vehicle Damage: Photographs of the damage to your vehicle can provide evidence of the severity of the crash, especially if the tailgating driver rear-ended you or caused other forms of damage.
⚖️ Criminal and Civil Penalties for the DUI Driver
- Criminal Consequences:
- The intoxicated driver will likely face criminal charges for DUI. Depending on the circumstances, such as whether anyone was injured or killed, they may face additional charges, such as reckless driving or vehicular manslaughter. Possible penalties for a DUI conviction include fines, jail time, probation, and license suspension.
- Civil Liability:
- In addition to criminal penalties, the DUI driver will be civilly liable for the injuries and damages caused in the accident. As the injured party, you have the right to file a personal injury claim against the driver and seek compensation for medical costs, lost wages, pain and suffering, property damage, and more. Punitive damages may also be available if the driver’s actions were particularly reckless.
✅ Next Steps to Take
- Seek immediate medical attention if you haven’t already, and ensure you keep track of all treatments and medical expenses.
- Obtain the police report and toxicology results that confirm the driver’s impairment at the time of the crash.
- Collect witness statements and any video footage of the incident or the driver’s behavior.
- Document your losses, including medical bills, lost wages, property damage, and emotional distress.
- Consult a personal injury attorney with experience handling DUI-related accidents. They will help you build a strong case and seek the full compensation you deserve.
Law Offices of James R. Dickinson – 909-848-8448
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