In a California personal injury case where an impaired driver makes a sudden, unsafe lane change at high speed, the driver is almost certainly at fault for any resulting collision. The combination of driving under the influence and making a dangerous maneuver at high speed supports a strong claim for negligence per se, and may also justify punitive damages due to the reckless nature of the conduct.
⚖️ Legal Basis for Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is illegal. If impairment causes unsafe driving behavior (like sudden lane changes), it establishes negligence per se in a civil injury case.
- California Vehicle Code § 22107 – Unsafe Lane Change
- Drivers must not change lanes unless it is safe to do so and after signaling. A sudden or erratic lane change that causes a crash is a direct violation.
- California Vehicle Code § 22350 – Basic Speed Law
- Drivers must not operate vehicles at speeds unsafe for conditions, regardless of posted limits. High-speed maneuvers while impaired almost always violate this statute.
- Negligence Per Se
- If the impaired driver violated a traffic safety law and that violation led to your injury, fault is presumed, and the burden shifts to them to defend their actions.
💼 Damages You May Recover
If you were injured due to an impaired driver’s unsafe, high-speed lane change, you may be entitled to:
- Medical expenses (ER, hospital, follow-up treatment, rehab)
- Pain and suffering
- Lost wages and reduced future earnings
- Property damage (vehicle, belongings)
- Emotional distress
- Punitive damages
🧾 Key Evidence That Supports Your Case
- Police report documenting the DUI, unsafe lane change, and speed
- BAC or toxicology results
- Dashcam or traffic camera footage of the maneuver or collision
- Eyewitness accounts describing the driver’s behavior
- Skid marks, debris patterns, and road conditions
- Medical records linking your injuries to the crash
⚖️ Criminal and Civil Consequences for the At-Fault Driver
- Criminal: DUI + reckless driving can lead to misdemeanor or felony charges, especially if there were injuries.
- Civil: You can file a lawsuit or insurance claim. The impaired driver’s conduct supports a strong claim for compensatory and punitive damages.
✅ What to Do Next
- Seek medical treatment and keep all records
- Obtain the police report
- Preserve video/photo evidence and witness contacts
- Document property damage and financial losses
- Consult a personal injury attorney, especially for DUI and high-speed crash cases
Law Offices of James R. Dickinson – 909-848-8448
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