The Problem of Underage DUI Driving Accidents Bakersfield

The Problem of Underage Drunk Driving Accidents in Bakersfield

In 2023, Bakersfield ranked first among comparable California cities for car accidents caused by drunk drivers below the age of 21. In that year, 36 people were injured or killed by these drivers. 

While no one under 21 can legally consume alcohol, the law treats these young drivers differently based on age: those aged 18 to 20 face full adult criminal prosecution, while those under 18 enter the juvenile justice system.

Furthermore, unlike many other DUI crashes, these cases involve a driver who was not legally old enough to drink alcohol. That fact alone can affect who may be held responsible for the collision. Depending on the facts, their parents, guardians, or anyone who illegally sold or served them alcohol could also be named in a personal injury lawsuit.

The Dominguez Firm has been representing victims injured by impaired drivers throughout California for over three decades. We’ve seen firsthand how devastating these crashes can be for victims and their families. If you were seriously injured in a car accident involving a DUI driver under 21 in Bakersfield, contact us for a free consultation at (800) 818-1818.

Why Does Bakersfield Rank #1 for DUI Crashes Involving Drivers Under 21 in California?

The answer lies in a surge of substance abuse problems among the youth of Kern County:

• The Impact of COVID-19: Nationally, the pandemic lockdowns took a serious toll on the mental health of many young people, contributing to a rise in alcohol and drug use that continues today.
• Few Local Resources: Community assessments have identified mental health care access and behavioral health services as ongoing challenges in Kern County, particularly for vulnerable youth.
• It’s Not Just Alcohol: Local prosecutors report cases of young drivers impaired by alcohol and drugs simultaneously, a combination that can make crashes far more violent and deadly.
• Deficiencies in Deterrence: While state laws heavily penalize repeat offenders, they do little to stop a young driver from making a potentially devastating choice the very first time.
• Driving is Usually the Fastest Option: Bakersfield has a public transit system, but given the distances, most people prefer to drive.

Who Can Be Held Responsible If I’m Injured in an Under-21 DUI Car Accident?

For under-21 DUI crashes, the civil claim usually depends on the facts, not just the driver’s age. The main questions are who was driving, who supplied the alcohol, and whether any other adult or business created liability under California law.

If the Driver Is 18 to 20

• The driver is an adult and can be held responsible for the crash. 
• Social hosts are generally not liable for serving alcohol to adult guests, but they may face liability if they knowingly provide alcohol to someone under 21. 
• California law generally limits alcohol-supplier liability, but a business that illegally sells or furnishes alcohol to a minor may be liable depending on the facts.

If the Driver Is Under 18

• Parents or guardians may sometimes be part of a claim, especially if they owned the car, knowingly let an unsafe driver use it, or were involved in supplying alcohol. 

• An adult who provides alcohol to a minor may also face liability depending on the circumstances.
• A business that illegally sells or furnishes alcohol to a minor may be liable depending on the facts.

How the Juvenile Justice System Handles Drunk Drivers Under 18

Many people assume a drunk driver who causes a severe injury or death will face harsh penalties, regardless of age. In reality, when the driver is under 18, the case is usually handled in the juvenile delinquency system rather than adult criminal court. That can change how the case is processed and may lead to less severe punishment.

• Focus on rehabilitation over punishment: The juvenile system is designed to rehabilitate young people rather than punish them. Even in cases involving serious bodily injuries or major property damage, judges often focus on counseling, probation, and community service, though detention can still be ordered in some cases.
• No actual criminal record: A minor under 18 isn’t convicted in juvenile court the same way an adult is. Instead, the judge issues what’s called a sustained petition.
• No bail system: Juveniles don’t usually post bail like adults do. A judge decides whether they stay in juvenile hall or go home to their parents while awaiting their hearing. In some cases, they may be released to a parent or guardian soon after the crash.

Why Your Civil Case Is the Only Way to See True Justice

Because criminal consequences for minors under 18 are much more lenient, the criminal justice system doesn’t often provide financial relief for the victims of these crashes. 

That’s why filing a civil personal injury lawsuit is so important. It’s a completely independent legal path designed to hold everyone accountable and secure the compensation you need to rebuild your life.

What Is Bakersfield Doing to Reduce Underage Drunk Driving?

Bakersfield isn’t ignoring this problem. Local law enforcement, community organizations, and state agencies have all stepped up efforts to address it:

• The Bakersfield PD regularly conducts DUI checkpoints and saturation patrols throughout the year. The department also receives state enforcement grants to fund these efforts.
• The California Department of Alcoholic Beverage Control awarded the Bakersfield police department a grant to create a dedicated Alcohol Enforcement Team. The team runs undercover operations to catch businesses selling alcohol to minors and adults buying it for them.
• MADD (Mothers Against Drunk Driving) Kern County has raised significant funds since 2014 for victim support and prevention, and regularly sends representatives into Bakersfield high schools to talk directly to students about the consequences of drunk driving.

What Damages Can I Recover After an Under-21 DUI Car Accident in Bakersfield?

If you were seriously injured in a car accident with an underage drunk/drugged driver in Bakersfield, you’re entitled to the same damages as any other DUI car accident victim, including:

• Current and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Wrongful death damages for families who lost someone

However, there can be important differences between an underage DUI accident claim and other drunk driving cases. Depending on the facts, additional parties may share responsibility for the crash. This can include adults who unlawfully provided alcohol to a minor or businesses that illegally sold or furnished alcohol in violation of California law.

In some cases, these individuals or businesses may be additional sources of compensation. They may also carry insurance coverage that’s unavailable through the underage driver’s own auto policy.

Depending on the circumstances, a parent or vehicle owner could also face liability. Whether additional parties can be included in a lawsuit depends on the specific facts of the case and applicable California law.

An underage DUI crash can present unique legal issues that require a thorough investigation. An experienced Bakersfield car accident attorney can identify all potentially liable parties and pursue every available source of compensation.

What Steps Should I Take After an Underage Drunk Driving Accident in Bakersfield?

A crash involving an underage drunk driver isn’t just a car accident. It’s a crime scene. How you handle the aftermath can make a significant difference in the value of your case. Start by seeing if you can move your vehicle out of any traffic, especially on a freeway. Only take this step if it’s safe to do so.

1. First, call 911. Tell the dispatcher the other driver appears intoxicated. If you can’t, have someone do it for you.
2. Check yourself and your passengers for injuries. Don’t move anyone who may have a serious injury, especially to the head or back. Keep them calm and still until paramedics arrive. 
3. Get medical attention immediately. Because drunk drivers don’t always brake, the impact of the collision can be severe. Have yourself checked for injuries, even if you think you’re just shaken up. You could have serious internal injuries and not know it.
4. Document everything at the scene. Photograph your injuries, vehicle damage, traffic signals, and the surrounding area. Get witness names and contact information before they leave.
5. Make sure impairment is on the record. If it’s safe to do so, discreetly record the under-21 driver on your phone while waiting for Bakersfield police to arrive. Tell responding officers everything you observed and confirm it’s included in the police report.
6. Stay away from the other driver and their passengers. Don’t engage with them in any way. Even if they are coherent, don’t discuss how the accident happened. Let the police handle the exchange of information.
7. Don’t speak to anyone representing the drunk 21 and under driver. That includes the driver’s insurance company and their parents. They’re not trying to help you, and you’re not legally obligated to do so.
8. Contact an experienced Bakersfield underage drunk driving accident attorney immediately. Surveillance footage gets erased. Witnesses forget. Evidence disappears. Acting quickly lets your personal injury attorney get to work right away on collecting evidence from the accident scene and interviewing witnesses.

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

A drunk driving accident can alter a victim’s life in an instant. These types of incidents are particularly devastating and often cause catastrophic injuries and deaths. 

No amount of money can undo what happened. But holding the underage DUI driver and everyone who enabled them accountable can bring some justice and closure to you and your family.

If you were seriously injured in a drunk driving accident involving a driver under 21 in Bakersfield, call The Dominguez Firm today at (800) 818-1818. We offer free consultations and can travel to your home or hospital 24/7.