In a California personal injury case where an impaired driver speeds on the freeway, the driver’s intoxication (whether due to alcohol or drugs) and excessive speed would make them highly liable for any accidents or injuries that occur. Driving under the influence is a serious violation of traffic laws and, when combined with speeding, can lead to catastrophic accidents. This behavior typically qualifies as gross negligence, giving the injured party a strong case for compensation.
⚖️ Legal Basis for Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is illegal in California. If the driver was impaired at the time of the accident, they are automatically negligent per se. This means that the violation of DUI laws establishes fault without needing to prove that the driver was careless.
- California Vehicle Code § 22350 – Basic Speed Law
- The Basic Speed Law requires that drivers adjust their speed according to the conditions of the road. Driving at excessive speeds on the freeway, especially while impaired, is inherently dangerous and constitutes reckless driving. The DUI driver’s failure to adjust their speed appropriately in freeway traffic increases the risk of an accident and would likely be considered gross negligence.
- California Vehicle Code § 21703 – Following Too Closely
- Speeding on the freeway in heavy traffic may lead the impaired driver to follow other vehicles too closely, which reduces their ability to react in time to prevent a collision. This would be another factor contributing to their liability for the crash.
- Negligence Per Se
- In California, when a driver violates a traffic law (like DUI or speeding), and causes an accident, they are typically considered to be negligent per se. In other words, you do not have to prove that the driver was careless; their actions (driving under the influence and speeding) are automatically considered negligent.
💼 Potential Compensation for the Injured Party
If you were injured by an impaired driver speeding on the freeway, you may be entitled to the following types of compensation:
- Medical expenses: Costs related to your treatment, including hospital bills, surgeries, rehabilitation, and ongoing care.
- Pain and suffering: Compensation for physical pain, emotional distress, and the mental trauma of the accident.
- Lost wages: If your injuries caused you to miss work, you can recover lost earnings, including future wages if your injuries result in long-term disability.
- Property damage: If your vehicle was damaged in the accident, you can recover the costs of repairs or the replacement value.
- Emotional distress: This may include anxiety, depression, or other psychological effects of the accident.
- Punitive damages: These are meant to punish the driver for their reckless behavior and deter similar future conduct.
🧾 Key Evidence to Strengthen Your Case
- Police report: The police report will provide crucial information, including the DUI charge and any details about the driver’s behavior (speeding, swerving, etc.).
- BAC or toxicology results: The blood alcohol content (BAC) or toxicology test will confirm that the driver was impaired at the time of the accident.
- Witness statements: Eyewitnesses who saw the driver speeding or driving erratically can corroborate the claim that the driver’s impairment was a factor in the crash.
- Crash scene photos: Pictures of the vehicles involved, the crash scene, and any skid marks can help show the severity of the collision and the speed at which it occurred.
- Vehicle damage: Photographs of the damage to your vehicle, which can indicate the nature and severity of the crash. This may help show that the impaired driver was speeding.
- Medical records: These will document your injuries and the treatment you have received, which is essential for calculating damages.
⚖️ Criminal and Civil Penalties for the DUI Driver
- Criminal:
The DUI driver will likely face criminal charges for driving under the influence and may also be charged with reckless driving or vehicular manslaughter if someone is seriously injured or killed in the accident. Possible penalties include fines, license suspension, probation, or jail time. - Civil:
In addition to criminal penalties, the driver is also liable for personal injury claims in civil court. You may file a claim with their insurance company or sue them directly for damages. Because the driver was under the influence, you may be eligible for punitive damages, which go beyond compensatory damages and serve as a financial penalty for the driver’s grossly negligent behavior.
✅ Next Steps to Take
- Seek medical attention for any injuries you sustained and keep a detailed record of all medical care you receive.
- Request the police report and any toxicology results to confirm the driver’s impairment at the time of the accident.
- Collect witness statements and any video footage of the accident.
- Document all losses, including medical bills, lost wages, and property damage.
- Consult a personal injury attorney specializing in DUI-related accidents to help ensure you get the compensation you deserve, including punitive damages for the DUI driver’s reckless actions.
Law Offices of James R. Dickinson – 909-848-8448
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