In a California personal injury case where a DUI driver weaves across lanes and causes a crash, the impaired driver is almost certainly liable for any resulting injuries or damages. Weaving or swerving while intoxicated is a clear indication of loss of control due to impairment, and under California law, this behavior is both a traffic violation and strong evidence of negligence per se.
🚨 Legal Grounds for Fault
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is a criminal offense. If impairment leads to erratic lane behavior and a crash, the driver is presumed negligent under negligence per se.
- California Vehicle Code § 21658 – Lane Discipline
- Drivers must stay within a single lane and may only change lanes when it is safe. Weaving across lanes without cause is a traffic violation and evidence of reckless or impaired driving.
- Negligence Per Se
- If the impaired driver violated a safety law (DUI or improper lane use), and that violation caused injury, fault is presumed. The injured party doesn’t need to prove the driver was careless — just that the conduct violated the law and caused harm.
💼 Damages Available to the Victim
If you were injured by a weaving DUI driver, you may be entitled to recover:
- Medical expenses (emergency treatment, follow-ups, physical therapy)
- Lost wages and loss of future earning capacity
- Pain and suffering
- Vehicle and property damage
- Emotional distress
- Punitive damages
🧾 Key Evidence That Strengthens Your Claim
- Police report noting DUI and erratic driving
- Blood alcohol test results or drug screen
- Dashcam, surveillance, or traffic camera footage
- Witness statements describing weaving or swerving
- Photos of the scene, vehicle damage, and injuries
- Medical documentation linking injuries to the crash
- 911 call recordings (sometimes relevant if others reported the weaving before the crash)
⚖️ Criminal & Civil Consequences for the DUI Driver
- Criminal: They may face misdemeanor or felony DUI charges, especially if injuries occurred.
- Civil: You can file a personal injury lawsuit or insurance claim for full compensation, including punitive damages in cases of gross negligence like this.
✅ Recommended Actions
- Get medical attention and save all records
- Request the police report and BAC results
- Preserve any dashcam footage or eyewitness contact info
- Document all damages and losses
- Consult a personal injury attorney, especially for DUI-related claims
Law Offices of James R. Dickinson – 909-848-8448
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