🚴💥 California Personal Injury Case: Speeding DUI Driver Hits Cyclist
⚖️ Liability & Legal Presumptions
- Negligence Per Se:
- Driving under the influence violates Vehicle Code § 23152.
- Speeding violates Vehicle Code § 22350 (basic speed law).
- Hitting a cyclist is a breach of the driver’s duty of care to share the road (VC § 21200 and § 21760).
- These violations automatically create a presumption of negligence (negligence per se) in civil court.
- Driver Is Likely 100% At Fault:
- Cyclists have a legal right to use most California roads.
- The combination of DUI + speeding makes the case highly favorable for the injured cyclist.
🩺 Injuries & Damages in Bicycle-DUI Collisions
Bicycle crashes involving high-speed impact often result in serious or catastrophic injuries, including:
- Traumatic brain injury (TBI)
- Spinal cord injuries or paralysis
- Fractures
- Internal injuries
- Road rash and lacerations
- Emotional trauma (e.g., PTSD)
💵 Types of Compensation Available
Economic Damages:
- Emergency medical treatment
- Surgery, physical therapy, long-term care
- Lost wages and loss of future income
- Bicycle and gear replacement
Non-Economic Damages:
- Pain and suffering
- Emotional distress and mental anguish
- Disfigurement or permanent disability
- Loss of enjoyment of life
Punitive Damages:
- Due to gross negligence and recklessness, punitive damages are likely available.
📋 Key Evidence to Support the Case
- Police report and DUI arrest details
- Blood Alcohol Content (BAC) test results
- Eyewitness statements
- Surveillance or dashcam footage
- Medical records and expense documentation
- Photos of the scene, injuries, and damaged bicycle
✅ Next Steps for the Injured Cyclist
- Seek immediate medical care and document all injuries
- Request the police report and DUI case records
- Document losses — medical bills, time off work, personal impacts
- Consult a personal injury attorney, especially for high-value or catastrophic claims
- Avoid giving statements to the at-fault driver’s insurance without legal advice
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].