UNION TRIBUNE Caroline Dipping reported that a woman, 34, her daughter 17, and the passenger in a vehicle whose driver was suspected of driving under the influence (DUI) were injured on November 7, 2010. The auto accident happened at around 1:00 a.m., on the 2200 block of Palm Avenue. The unnamed 29-year-old driver of a 2006 BMW was reported to having been driving under the influence and speeding when he sideswiped the victims’ vehicle causing it to hit a parked car. San Diego Police officer David Stafford said that the unnamed woman victim was taken to a local hospital with a broken femur along with her daughter who was also injured. The driver of the BMW, and his passenger were also taken to the hospital with injuries. The driver was arrested on suspicion of driving under the influence.
Applicable California Law
The driver of the BMW will face potential criminal charges for violation of California Vehicle Code 23152 driving under the influence (see my prior Blog post San Diego Woman Arrested For Fatal Coronado Traffic Accident for California’s DIU laws). In addition, he will face claims for the personal injuries sustained by his passenger , and the victims in the other vehicle. However, his passenger’s claim could be reduced if she knew he was driving under the influence and thus contributing to her own injuries. If the actions of the driver of the BMW are deemed to having been reckless enough to constitute gross negligence, he could also be subject to claims for punitive damages (see my prior Blog post Justice For Family Of Nursing Home Abuse Victim for California’s law on punitive damages).
Motorists who drive under the influence pose a great danger to other motorists and pedestrians. Auto accidents, truck accidents, and bus accidents involving intoxicated drivers often result in serious injuries or wrongful death. Having your case analyzed by an experienced personal injury attorney is key to getting you fair compensation.