In a California personal injury case where a driver under the influence (DUI) ignores a “No Turn” sign and causes a collision, the intoxicated driver is almost certainly at fault. The combination of driving while impaired and violating posted traffic control signs constitutes negligence per se, a powerful legal doctrine that strongly favors the injured party in civil court.
⚖️ Legal Grounds for Fault
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- Operating a vehicle under the influence of alcohol or drugs is a criminal offense and automatically supports a civil claim for negligence per se when it leads to a crash.
- California Vehicle Code § 22101(d) – Disobeying Traffic Control Devices
- Drivers must obey signs prohibiting certain turns. Making a prohibited turn violates the law and is strong evidence of fault, especially if it directly leads to a collision.
- Negligence Per Se
- This legal standard applies when someone:
- Violates a law designed to prevent the type of harm that occurred,
- The injured person is among the class the law is meant to protect, and
- The violation caused the injury.
- DUI and failure to obey a no-turn sign check all three boxes.
- This legal standard applies when someone:
🚗 Common Collision Scenarios in This Case
- A DUI driver makes an illegal left or right turn (often at intersections, driveways, or one-way streets) and strikes a vehicle with the right-of-way.
- These collisions often occur at unexpected angles, leading to T-bone, side-swipe, or even head-on crashes.
💼 Damages You May Be Entitled To
As the injured party, you may be able to recover:
- Medical expenses (ER, follow-ups, surgery, physical therapy)
- Lost wages and loss of earning capacity
- Pain and suffering
- Vehicle repair or replacement
- Emotional distress
- Punitive damages
🧾 Crucial Evidence to Strengthen Your Claim
- Police report documenting the DUI, illegal turn, and collision
- Breathalyzer or toxicology results
- Photos of the “No Turn” sign, damage, skid marks, and intersection
- Traffic or dashcam video
- Witness statements confirming the illegal turn and erratic driving
- Medical records linking injuries directly to the crash
⚖️ Criminal & Civil Consequences for the DUI Driver
- Criminal: May face DUI charges (misdemeanor or felony, depending on injury severity), fines, license suspension, and jail.
- Civil: You can pursue compensation through a personal injury lawsuit or insurance claim. The presence of DUI and sign violation can strengthen your case significantly, often justifying punitive damages.
✅ Recommended Next Steps
- Get medical attention and keep all related records
- Obtain the police report
- Collect and preserve all evidence (photos, videos, witness info)
- Document your injuries, vehicle damage, and financial losses
- Contact a personal injury attorney, especially important in DUI and traffic control violation cases
Law Offices of James R. Dickinson – 909-848-8448
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