⚖️ 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. When the driver is impaired, they are automatically considered to have breached their duty of care. This is a case of negligence per se, meaning the DUI violation itself is evidence of negligence. The driver’s impairment significantly contributed to the weaving and sideswiping of other vehicles, establishing fault.
- California Vehicle Code § 22350 – Basic Speed Law
- The Basic Speed Law mandates that drivers must adjust their speed to be reasonable and prudent given the conditions of the road. Weaving between lanes and sideswiping vehicles typically indicates a lack of control over the vehicle, which is a violation of the speed law and an act of reckless driving. This behavior is dangerous and increases the likelihood of accidents, making the DUI driver liable.
- California Vehicle Code § 21658 – Lane Use and Lane Change Law
- This law requires drivers to stay within their lanes and make lane changes only when it is safe. Weaving between lanes in an uncontrolled manner is a violation of this law and a clear indication of reckless driving, especially when the driver is intoxicated.
- Negligence Per Se
- As mentioned, negligence per se applies here because the driver’s DUI and their reckless lane changes automatically establish liability. The law considers that if a driver is impaired and causes harm, they are negligent by default. Since the DUI driver’s actions directly caused the accident, they are legally responsible for the resulting damages.
💼 Potential Compensation for Injuries
If you were injured in a crash caused by a DUI driver weaving between lanes and sideswiping vehicles, you may be entitled to the following forms of compensation:
- Medical Expenses: This includes bills for hospital stays, surgeries, physical therapy, medications, and any future medical treatment required for injuries sustained.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident, including any long-term effects.
- Lost Wages: If your injuries prevented you from working, you can recover lost wages, as well as future lost earnings if the injuries result in long-term disability.
- Property Damage: This includes repair costs or the replacement of your vehicle and any personal property that was damaged during the accident.
- Emotional Distress: The trauma of being in an accident, especially one caused by a reckless DUI driver, may entitle you to emotional distress damages.
- Punitive Damages: These damages are intended to punish the driver for their reckless behavior and deter similar actions in the future.
🧾 Key Evidence to Strengthen Your Case
- Police Report: A police report will document the driver’s impairment and reckless behavior, including their weaving and sideswiping of other vehicles. It will also include any charges filed against the driver, such as DUI and reckless driving.
- BAC or Toxicology Results: The blood alcohol content (BAC) or drug tests will show that the driver was impaired at the time of the accident.
- Witness Statements: If any witnesses saw the driver weaving in and out of lanes or sideswiping other vehicles, their testimony can strengthen your case.
- Dashcam or Surveillance Footage: Video footage showing the driver’s erratic driving behavior, such as weaving and sideswiping vehicles, will help substantiate your claim of reckless driving.
- Medical Records: Documenting your injuries and the treatment you received is crucial to calculating your damages.
- Vehicle Damage: Photographs of the damage to your vehicle can help establish the severity of the crash and the extent of the driver’s reckless actions.
⚖️ Criminal and Civil Penalties for the DUI Driver
- Criminal Liability:
- The driver will likely face criminal charges for DUI and could also face charges for reckless driving or vehicular manslaughter if someone is seriously injured or killed. Potential criminal penalties may include fines, jail time, probation, and license suspension.
- Civil Liability:
- In addition to criminal charges, the driver will be liable for civil damages in a personal injury lawsuit. You can file a claim with the driver’s auto insurance or sue them directly for compensation. Due to the grossly negligent nature of the driver’s actions (DUI and weaving), you may also be entitled to punitive damages in your claim.
✅ Next Steps to Take
- Seek medical attention immediately and keep track of all treatments and associated costs.
- Obtain the police report and toxicology results to confirm the driver’s DUI status and reckless behavior.
- Gather witness statements and preserve any video footage of the incident.
- Track your losses: Keep detailed records of medical bills, lost wages, and property damage.
- Consult a personal injury attorney with experience handling DUI cases. An experienced attorney can help you pursue full compensation, including punitive damages for the driver’s gross negligence.
Law Offices of James R. Dickinson – 909-848-8448
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