In a California personal injury case where an intoxicated driver speeds on the freeway and loses control, the driver is clearly at fault for any resulting injuries or damages. Driving under the influence (DUI), combined with excessive speed, constitutes gross negligence in California, making the driver fully responsible for the accident.
Here’s a breakdown of how the case could unfold:
⚖️ Legal Grounds for Liability
- California Vehicle Code § 23152 – DUI (Driving Under the Influence)
- DUI is a criminal offense in California. A driver who is impaired by alcohol or drugs and causes an accident is typically considered negligent per se. This means the law automatically considers the driver to be negligent due to their impaired state, regardless of other factors. If the driver was speeding and lost control of their vehicle due to intoxication, they will be held fully accountable for any resulting damages and injuries.
- California Vehicle Code § 22350 – Basic Speed Law
- The Basic Speed Law in California requires drivers to adjust their speed to be safe under the conditions of the road. On the freeway, speeding excessively can lead to the driver losing control, especially when they are intoxicated and have impaired reaction times. The DUI driver’s decision to speed was inherently reckless and significantly contributed to the accident, further establishing their liability.
- California Vehicle Code § 21703 – Following Too Closely (Tailgating)
- When an intoxicated driver speeds and loses control, they are also likely to fail to maintain a safe following distance. This could lead to a rear-end collision if they are too close to the vehicle ahead of them. This violation also contributes to their responsibility for the crash.
- Negligence Per Se
- In cases of DUI and speeding, the driver’s actions are typically classified as negligence per se. The law considers DUI to be an inherently negligent act because it is illegal and dangerous. The loss of control due to intoxication further strengthens the case for negligence and liability.
💼 Types of Compensation You May Be Entitled To
If you are the injured party in this type of case, you may be entitled to various types of compensation:
- Medical Expenses: Covers the costs of emergency room visits, surgeries, doctor’s visits, physical therapy, prescription medications, and any other medical costs related to your injuries.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and trauma caused by the accident and your injuries.
- Lost Wages: If you missed work due to your injuries, you can recover lost earnings, as well as any future lost income if your injuries result in long-term disability.
- Property Damage: The repair costs for your vehicle and any personal property damaged in the accident.
- Emotional Distress: You may be entitled to damages for the psychological impact of the accident, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Punitive Damages: Punitive damages may be awarded in cases of gross negligence, such as when a DUI driver causes an accident by speeding. These damages are intended to punish the driver and deter similar behavior in the future.
🧾 Key Evidence to Strengthen Your Case
- Police Report: The report will include the officer’s findings, including whether the driver was arrested for DUI, the results of any sobriety tests, and details about the crash, such as the driver’s speed and any dangerous driving behaviors.
- BAC or Toxicology Results: Blood alcohol content (BAC) or drug testing results will confirm the driver was impaired at the time of the accident, establishing their negligence.
- Witness Testimony: Eyewitnesses who observed the driver speeding, weaving, or acting erratically on the freeway can provide crucial testimony about the driver’s behavior.
- Crash Scene Photos/Video Footage: Photos or video footage from the scene of the crash, such as dashcam footage or nearby surveillance cameras, can show the circumstances of the collision, including any signs of speeding or loss of control.
- Medical Records: Documenting your injuries and the treatment you received is critical for substantiating your claims for medical expenses, pain, and suffering.
- Vehicle Damage: Photographs of the damage to your vehicle can help demonstrate the severity of the collision and how it occurred, particularly if the driver’s high speed contributed to the damage.
⚖️ Criminal and Civil Penalties for the DUI Driver
- Criminal Consequences:
- The driver will face criminal charges for DUI and could be charged with reckless driving or even vehicular manslaughter if someone is seriously injured or killed. Depending on the circumstances, they may face fines, probation, license suspension, or jail time.
- Civil Consequences:
- In addition to criminal penalties, the driver will be civilly liable for damages in a personal injury lawsuit. You can file a claim with their insurance company or sue them directly for the damages you sustained. If the driver’s actions were particularly reckless (speeding and intoxicated), you may be entitled to punitive damages.
✅ Next Steps to Take
- Seek immediate medical attention and follow all prescribed treatments.
- Obtain a copy of the police report and the driver’s toxicology results to confirm that they were intoxicated at the time of the crash.
- Gather witness statements and video evidence that show the driver’s behavior leading up to the accident.
- Document all losses, including medical expenses, lost wages, and property damage.
- Consult a personal injury attorney with experience in DUI cases to ensure you receive the full compensation you deserve. An experienced attorney will help guide you through the legal process and pursue punitive damages for the driver’s reckless actions.
Law Offices of James R. Dickinson – 909-848-8448
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