Bakersfield Drunk Driving Accidents: What Victims Need to Know

The city of Bakersfield has seen massive growth over the past few decades. From 70,000 people in 1970, the population is over 422,000 today. During that expansion, the city’s transportation was built out around the car. 

Most people in Bakersfield depend on their cars for everything: work, shopping, school, and recreation. Unfortunately, that dependence on driving has coincided with a high number of alcohol-related car accidents. In fact, Bakersfield ranks first for underage DUI accidents among similarly-sized cities in California. 

Drunk driving car accidents usually cause serious injuries or kill victims. What makes them even more tragic is that they’re completely preventable. If you were severely injured or lost a loved one because of a drunk driver in Bakersfield, you have rights, and The Dominguez Firm can help. Call us today for a free consultation at (800) 818-1818.

What Factors Contribute to the High Number of Drunk Driving Accidents in Bakersfield?

Several factors contribute to Bakersfield’s high number of alcohol-related crashes, including:

• Reliance on Cars for Transportation: Most trips require residents to drive. While there is public transportation, it isn’t usually the most convenient way to travel.
• Long Travel Distances: Kern County is one of California’s largest counties. Many residents travel long distances between Bakersfield and neighboring communities, often using major highways such as Highway 99 and Highway 58.
• Heavy Through Traffic: Bakersfield sits at the crossroads of several major transportation routes. Thousands of vehicles, including large commercial trucks, pass through the area every day, increasing the risk of a car accident with an impaired driver.
• Nighttime and Weekend Activities: DUI crashes are most common after dark and on weekends, when more people are gathering with friends and family or enjoying leisure activities where alcohol is usually served.
• Tule Fog: During the winter, parts of Bakersfield and Kern County experience Tule fog, a dense ground fog that can reduce visibility to just a few feet or less. Drivers may have little warning before encountering stopped traffic, a disabled vehicle, or another hazard.

Why Do So Many Serious Bakersfield DUI Car Crashes Happen at Night?

Serious drunk driving accidents tend to be more common at night in Bakersfield because that’s when many people are leaving bars, restaurants, and other nightlife destinations, especially in Downtown Bakersfield. Darkness also reduces visibility, making it harder for drivers to recognize hazards and react to changing road conditions.

In Bakersfield, nighttime DUI crashes are often especially serious because impaired drivers may drift into oncoming traffic, run red lights, miss stop signs, or fail to brake before impact. These collisions can cause devastating injuries for innocent motorists, passengers, pedestrians, and cyclists.

What Should I Do After a Drunk Driving Accident in Bakersfield?

Your first priority should be your safety and that of any passengers in your car. Check yourself and others for injuries. If anyone is injured, call 911 immediately. If you can’t, have someone else do it for you. Also, if possible, move your car away from any traffic to a safer area. But only take this step if it’s safe to do so. Don’t risk getting hit again.

Then take the following steps. 

1. Call 911. If it’s a major crash and/or multiple vehicles are involved, the police should arrive on the scene; if they don’t, call 911.
2. Don’t refuse medical attention, even if you think you’re just shaken up. Some injuries, like whiplash, can take hours or days to manifest themselves. You could also have serious internal injuries and not know it. Any passengers should do the same.
3. Take photos of the accident scene. Any damage to your and the other driver’s vehicle. Also, photos of your injuries, if possible. If there are obvious signs of intoxication, try to document them with your phone. But be careful. Some impaired drivers can become aggressive.
4. Exchange information with the other driver. This includes their license, insurance, and registration. If they’re too impaired to do so, have the police assist.
5. Don’t discuss the car accident with the other driver. Don’t say you’re sorry for any reason. Don’t argue with them either.
6. Don’t speak to any insurance adjusters. You’ll likely get a phone call from the other driver’s insurance company. You’re under no obligation to speak to them. They may also tell you they need a recorded statement from you. No law in California requires you to comply. They aren’t doing this to help you; they’re trying to get you to say something that will lower the value of your Bakersfield car accident claim.
7. Call the Bakersfield car accident attorneys at The Dominguez Firm instead. Our personal injury attorneys will handle the insurance adjusters, so you can concentrate on getting better.

The Police Accident Report is Important, But Can Be Incomplete

A police report is one of the most important pieces of evidence in a Bakersfield drunk driving accident case. Officers will document signs of impairment, witness statements, field sobriety test results, arrests, and other details that can help establish what happened. Insurance companies and attorneys often rely on these reports during the claims process.

However, police reports aren’t always complete or accurate. In serious drunk driving crashes, injured victims are often rushed to the emergency room before officers have a chance to get their account of the accident. Important details may be missing or misunderstood. 

An experienced Bakersfield car accident attorney can conduct an independent investigation, gather additional evidence such as video footage, speak with witnesses, and help ensure the facts of the crash are fully and clearly documented.

How Is Fault Determined in a Bakersfield Drunk Driving Accident?

Many people assume that fault is automatic in a drunk driving accident. While evidence of intoxication is obviously a factor, California law still requires injured victims to prove that the impaired driver’s actions caused the crash and resulting injuries.

Evidence commonly used to establish fault may include:

• Police reports
• Field sobriety test results
• Breathalyzer and blood alcohol concentration (BAC) test results
• Witness statements
• Traffic camera footage
• Dashcam video
• Surveillance footage from nearby businesses
• Photographs of the accident scene
• Vehicle damage
• Data from a vehicle’s event data recorder
• Accident reconstruction analysis

Note that a criminal DUI case and a civil injury claim are separate matters. A driver can be held liable for injuries even if criminal charges are reduced, dismissed, or never filed. Conversely, a DUI conviction doesn’t automatically guarantee compensation in a personal injury case.

California follows a pure comparative negligence rule. This means an injured person may still recover compensation even if they were partially at fault for the collision. However, their recovery may be reduced by their percentage of fault.

Can Anyone Else Be Held Liable for a Drunk Driving Accident in Bakersfield?

The intoxicated driver is usually the primary liable party in a drunk driving accident because their decision to drive under the influence directly causes the crash.

Nonetheless, there are cases where other individuals or entities may also share liability.

A vehicle owner may be responsible under California’s negligent entrustment laws if they knowingly allowed an intoxicated, unlicensed, reckless, or otherwise unsafe driver to use their vehicle. Liability often depends on whether the owner knew, or reasonably should have known, that the driver posed a danger to others.

An employer may be liable if the drunk driver was on the clock at the time of the crash. Under California law, employers can sometimes be held responsible for accidents their employees cause while performing job-related duties, even if the employer didn’t know the employee was intoxicated. An employer may also face additional liability if it knew, or should have known, that the employee was impaired and still allowed them to drive.

Can a Bar or Restaurant Be Sued for Overserving Alcohol in California?

In most cases, no. California law generally doesn’t allow injured victims to sue a bar, restaurant, or other alcohol vendor for serving alcohol to an adult who later causes a drunk driving accident.

One important exception involves minors. A person or business that sells, furnishes, or provides alcohol to someone under 21 years old may be held liable if the minor later causes a drunk driving crash that injures another person.

Because California’s dram shop laws are complex, victims should speak with a Bakersfield drunk driving accident lawyer to determine whether any third-party liability claims may exist.

Can a Host Be Held Liable for a Bakersfield Drunk Driving Accident?

Usually, no. In California, a homeowner or renter who hosts a private party is generally not liable if an adult guest becomes intoxicated and later causes a drunk driving accident. The main exception is when an adult host knowingly furnishes alcohol to a minor who then drives drunk and injures someone.

What Compensation Can I Recover After a Drunk Driving Crash?

The compensation you could receive for your drunk driver accident is broken up into two categories: economic and non-economic damages.  Since no two drunk driving claims are alike, no car accident lawyer can give you a specific dollar amount. But they can estimate, based on the extent of your injuries and how the accident has impacted your work and personal life, approximately what it should be.

Economic Damages

Economic damages compensate victims for the financial losses caused by a drunk driving accident. These damages are intended to reimburse expenses and income losses that can be calculated with bills, receipts, employment records, and other documentation. Medical bills make up the bulk of these damages:

• Medical expenses, including
  • ER visit
  • Medical consultations
  • Consultations with specialists
  • Surgeries
  • Medications
  • Mental health counseling
  • For catastrophic injuries, in-home or long-term care.
  • Future medical care
• Lost wages
• Loss of earning capacity
• Property damage

Non-Economic Damages

Non-economic damages compensate victims for losses that do not have a specific dollar value. These damages recognize the emotional toll a devastating drunk driving accident can have on the victim and their family.

Examples of non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Loss of companionship and support in wrongful death cases

Unlike some states, California doesn’t cap non-economic damages for personal injury cases. As a result, these damages often make up a significant portion of a drunk driving accident settlement or verdict, particularly when the victim suffers severe or life-changing injuries.

When a drunk driving accident causes a fatality, surviving family members may also be able to pursue a wrongful death claim for the losses they’ve suffered.

Can Victims Recover Punitive Damages Against a Drunk Driver?

Possibly. In addition to economic and non-economic damages, California courts may award punitive damages in certain drunk driving accident cases.

Punitive damages serve a different purpose than the other forms of compensation. Rather than reimbursing a victim for losses, they are intended to punish especially reckless conduct by the defendant, and discourage similar behavior from other drivers in the future.

Drunk driving is often viewed as more than ordinary negligence because the driver knowingly chose to get behind the wheel after consuming alcohol. For that reason, California courts have allowed punitive damage claims in many drunk driving accident cases, particularly when the evidence shows the driver acted with a conscious disregard for the safety of others.

What Injuries Are Common in Bakersfield Drunk Driving Accidents?

Drunk driving accidents often cause serious injuries because impaired drivers are more likely to run red lights, drift into oncoming traffic, or fail to brake before impact. These actions can cause high-impact head-on collisions, T-bone accidents, and crashes with stopped vehicles. They place tremendous force on the victim’s body, increasing the risk of catastrophic and often permanent injuries.

Bakersfield drunk driving accident victims commonly suffer:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Internal organ damage
• Broken bones
• Burn injuries
• Catastrophic injuries
• Fatal injuries

What Happens if a Drunk Driver Flees the Scene?

Drivers under the influence sometimes flee the scene to avoid arrest, criminal charges, or responsibility for the harm they caused. When a Bakersfield hit-and-run accident causes injury or death, the driver faces felony charges under California law.

For victims, a hit-and-run can create additional challenges. Without the driver’s identity or insurance information, recovering compensation may be more difficult.

Bakersfield law enforcement officers may use several types of evidence to identify a fleeing driver, including:

• Witness statements
• Surveillance footage
• Traffic camera recordings
• Vehicle debris
• Partial or full license plate information
• Tips from the public

In some cases, this evidence helps investigators locate the driver. If the driver is never found, victims may still have options. Uninsured motorist coverage may provide compensation when the at-fault driver cannot be identified.

What if the Drunk Driver Doesn’t Have Insurance?

Even if the drunk driver does not have insurance, you may still have options for recovering compensation. Many drivers carry uninsured motorist coverage, which may help pay for medical bills, lost income, and other damages when the at-fault driver is uninsured.

In some cases, additional sources of compensation may exist. For example, another party may share liability for the crash, or the at-fault driver may have assets that can be pursued through a personal injury claim.

Because every case is different, it’s important to investigate all available insurance policies and potential sources of recovery.

I Lost a Loved One Due to a Bakersfield Drunk Driving Accident. What Are My Legal Options?

Losing a loved one in a drunk driving accident is one of the most devastating experiences a family can face. While no amount of money can replace a family member, California law allows certain surviving relatives to pursue a wrongful death claim against the person responsible for the crash.

Not every family member can file a wrongful death lawsuit. The right usually belongs to the deceased person’s legal next of kin, such as a spouse, registered domestic partner, children, or other eligible heirs under California law.

A wrongful death claim may allow surviving family members to recover compensation for:

• Funeral and burial expenses
• Loss of the loved one’s financial support
• Loss of household services
• Loss of companionship, care, guidance, and affection

In some cases, the deceased person’s estate may also be able to pursue a separate survival action for damages the victim incurred before death.

Can Passengers Injured by a Drunk Driver File a Claim?

Yes. Passengers injured in a drunk driving accident can file a claim for compensation, including anyone who was riding in the drunk driver’s vehicle. This includes passengers who knew the driver was drunk and accepted a ride.

Some drunk driving accidents involve multiple vehicles. In these situations, an injured passenger may have claims against more than one driver if multiple parties contributed to the collision.

California follows a comparative negligence system, which means fault can be divided among multiple parties. Depending on the circumstances, questions about a passenger’s actions may affect the value of a claim, but they do not automatically prevent recovery.

Injured passengers may be entitled to recover many of the same types of damages available to other victims of Bakersfield drunk driving accidents.

How Long Do You Have to File a Drunk Driving Accident Claim in California?

In most cases, California gives injured drunk driving accident victims two years from the date of the accident to file a personal injury lawsuit.

Wrongful death claims are also generally subject to a two-year deadline. In most cases, the clock begins running on the date of the person’s death.

Different rules may apply if a government entity is involved. For example, if a government vehicle contributed to the car crash, the timeline for filing a claim is much shorter, generally six months from the date of the accident.

Regardless of the legal deadline, it’s best to act quickly after a Bakersfield drunk driving accident for several reasons:

• Vital evidence will be lost if you wait too long.
• Surveillance footage may be deleted.
• You could lose contact with witnesses.
• Defense attorneys will question why you waited and if your recollection of the facts is accurate.

Hiring an experienced Bakersfield drunk driving accident attorney immediately can help preserve evidence and protect your right to seek compensation.

How Can a Bakersfield Drunk Driving Accident Lawyer Help?

A Bakersfield drunk driving accident lawyer can handle every stage of the legal process while you focus on your recovery. Depending on the circumstances of the case, an attorney may help by:

• Investigating the crash: Gathering evidence, interviewing witnesses, reviewing photographs and videos, and identifying all potentially liable parties.
• Obtaining police and toxicology records: Securing accident reports, DUI arrest records, blood alcohol test results, and other evidence that may help establish liability.
• Working with accident reconstruction experts: Using experts to determine how the collision occurred, who was responsible, and how the crash caused the victim’s injuries.
• Negotiating with insurance companies: Handling communications with insurance adjusters and pursuing a settlement that reflects the full extent of the victim’s losses.
• Pursuing litigation when necessary: Filing a lawsuit and presenting the case in court if the insurance company refuses to offer a fair settlement.
• Maximizing available compensation: Identifying all available insurance coverage and seeking compensation for medical expenses, lost income, pain and suffering, and other damages.

Call the Bakersfield Drunk Driving Accident Lawyers at The Dominguez Firm Today

Drunk driving accidents are some of the most senseless and tragic types of car accidents a person can suffer. Due to another person’s selfish actions, they may have their lives turned upside down in an instant. 

If you or a loved one were injured by a drunk driver in Bakersfield or another part of Kern County, California law may allow you to recover compensation for your medical expenses, lost income, pain and suffering, and other damages. Taking prompt action can help preserve important evidence and protect your right to pursue the financial recovery you deserve.

Call The Dominguez Firm now for your free consultation at (800) 818-1818. Our personal injury attorneys are ready to fight for you.