UNION TRIBUNE reporter Caroline Dipping reported that a 34-year-old woman, her 17-year-old daughter, and the passenger in another vehicle being driven by a suspected drunk driver were injured on November 7, 2010. The accident happened in South Bay, on the 2200 block of Palm Avenue, at around 1:00 a.m.. The unnamed driver of a 2006 BMW was allegedly speeding and driving under the influence, when he sideswiped the victims’ vehicle knocking it into a parked car. According to San Diego Police officer David Stafford, the unnamed woman was taken to the hospital with a broken femur. Her daughter, the driver of the BMW, and his passenger were also taken to the hospital for injuries. The driver was released and arrested on suspicion of driving under the influence.
Applicable California Law
The driver of the BMW will face potential criminal charges for driving under the influence (see my prior Blog post for California’s DIU laws). In addition, he will be liable for the personal injuries sustained by the passenger in his vehicle, and the occupants of the other vehicle. However, his passenger’s claim will be reduced if she knew he was driving under the influence and chose to drive with him, thus contributing to her own injuries. If the conduct of the driver of the BMW was reckless enough to constitute gross negligence, he could also be liable for punitive damages (see my prior Blog post in California’s law on punitive damages).
Reckless driving while intoxicated poses a great danger to all motorists and pedestrians. Auto accidents, truck accidents, and bus accidents involving DUI drivers generally results in serious injuries or wrongful death. Discussing your case with an experienced personal injury attorney can help you get the fair compensation you deserve.