In a California personal injury case where an intoxicated driver ignores traffic signals, speeds through a crosswalk, and hits a pedestrian, the driver is almost certainly liable for gross negligence, and the injured pedestrian may be entitled to full compensatory damages and potentially punitive damages.
This scenario involves multiple serious legal violations, including DUI, failure to yield to a pedestrian, and disregard for traffic signals—all of which significantly strengthen the victim’s claim.
⚖️ Legal Grounds for Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Driving under the influence of alcohol or drugs is a criminal act. In civil court, this is considered negligence per se, meaning the injured party does not need to prove the driver was careless—the illegal act itself establishes liability.
- California Vehicle Code § 21950 – Pedestrians’ Right-of-Way
- Pedestrians in marked or unmarked crosswalks have the right-of-way. Drivers must yield, slow down, or stop as needed. Failing to do so—especially when impaired—constitutes a direct violation and exposes the driver to liability.
- California Vehicle Code § 21453 – Running a Red Light
- If the intoxicated driver ran a red light or ignored other traffic control signals while entering the crosswalk, they are in violation of this statute, further reinforcing fault.
- Gross Negligence & Punitive Damages
- Combining DUI, disregard of a traffic signal, excessive speed, and striking a pedestrian may rise to gross negligence or recklessness, which supports a claim for punitive damages. These are awarded to punish especially dangerous behavior and deter similar future conduct.
💼 Types of Compensation for the Injured Pedestrian
A pedestrian hit under these circumstances may be entitled to:
- Medical expenses (emergency care, surgery, rehab, future treatment)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress or PTSD
- Disfigurement or permanent disability
- Property damage (e.g., phone, glasses, bicycle if applicable)
- Punitive damages due to the reckless, intoxicated conduct
🧾 Key Evidence to Support the Claim
- Police report noting the driver’s intoxication, traffic signal violation, and pedestrian’s position
- Toxicology or BAC results proving the driver’s impairment
- Surveillance video or traffic cam footage of the incident
- Eyewitness testimony (pedestrians, nearby drivers, bystanders)
- Medical records detailing the pedestrian’s injuries
- Photos from the scene showing damage, injuries, crosswalk markings, and traffic signals
⚖️ Criminal and Civil Consequences for the Driver
- Criminally: The driver may be charged with DUI with injury (California Vehicle Code § 23153), which is often prosecuted as a felony. If the injuries are severe or the driver has prior DUIs, prison time and license revocation are likely.
- Civilly: The driver will be held liable for all damages. Because the conduct was so egregious, punitive damages are highly likely if the case proceeds to trial.
✅ What the Pedestrian Should Do Next
- Seek immediate medical attention and keep records of all treatment.
- Request the police report and DUI evidence.
- Gather witness statements and any available video footage.
- Consult with a personal injury attorney to pursue full compensation, especially if long-term injuries or trauma are involved.
Law Offices of James R. Dickinson – 909-848-8448
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