In a California personal injury case where an intoxicated driver fails to see a pedestrian at night, the intoxicated driver is likely liable for the pedestrian’s injuries. The combination of driving under the influence (DUI) and failing to exercise proper caution at night makes the driver negligent per se, and the victim may be entitled to compensation for their injuries.
⚖️ Legal Basis for Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving while intoxicated is illegal in California. If the driver is impaired by alcohol or drugs and causes a crash with a pedestrian, they are presumed negligent. This negligence is not just limited to accidents caused by intoxication — it includes any unsafe driving behavior, such as failing to notice a pedestrian.
- California Vehicle Code § 21950 – Right-of-Way for Pedestrians
- Pedestrians have the right-of-way at crosswalks and in certain situations, even when not at a crosswalk. Drivers are required to stop and yield to pedestrians. If the driver fails to yield because they were impaired and didn’t see the pedestrian, they are legally at fault.
- California Vehicle Code § 22350 – Basic Speed Law
- Drivers must adjust their speed to be safe for conditions. At night, the ability to see and react to pedestrians is reduced, so drivers must slow down and exercise extra caution. DUI and speed increase the likelihood of failing to notice a pedestrian.
- Negligence Per Se
- The DUI violation automatically establishes negligence per se in this case. If the impaired driver fails to see the pedestrian and causes harm, they are automatically presumed negligent under California law.
💼 Compensation You May Be Entitled To
If you were hit by an intoxicated driver who failed to see you as a pedestrian, you may be entitled to recover:
- Medical expenses (emergency care, hospital stays, surgeries, rehabilitation)
- Pain and suffering (both physical and emotional)
- Lost wages (if you missed work or are unable to work due to your injuries)
- Property damage (if you had personal items damaged in the crash)
- Emotional distress (due to the trauma of the accident)
- Punitive damages
🧾 Key Evidence to Support Your Case
- Police report: The report should indicate DUI and the failure to yield to a pedestrian, which supports your claim.
- BAC or toxicology results: These will show whether the driver was impaired at the time of the accident.
- Witness statements: Eyewitness testimony that the pedestrian was legally crossing the street and the driver failed to yield or didn’t see them.
- Medical records: Documentation of your injuries, including hospital stays, surgeries, and physical therapy.
- Crash scene photos or surveillance footage: Images of the scene or video footage of the accident can help establish how the accident occurred and the failure of the driver to notice the pedestrian.
- Pedestrian’s behavior: Documentation that shows the pedestrian was obeying the law (crossing at a crosswalk, not jaywalking, etc.).
⚖️ Criminal and Civil Consequences for the DUI Driver
- Criminal: The driver can face criminal charges for DUI, especially if the pedestrian was injured. DUI with injury may result in fines, license suspension, and possible jail time.
- Civil: You have the right to file a personal injury lawsuit or file a claim with the driver’s insurance. Punitive damages may also be awarded in DUI cases where the driver’s conduct was especially reckless.
✅ What You Should Do Next
- Seek immediate medical attention for any injuries, and keep all records of your treatment.
- Obtain the police report and request BAC test results.
- Collect any witness statements and preserve any video footage (surveillance, dashcam).
- Document all injuries, lost wages, and emotional distress.
- Consult a personal injury attorney with experience in DUI and pedestrian accidents to help you maximize your recovery, especially for punitive damages.
Law Offices of James R. Dickinson – 909-848-8448
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