Being hurt by someone who chose to drive drunk brings a particular kind of anger, and you have every right to feel it. The Law Offices of Mickey Fine represents people injured by impaired drivers in Bakersfield and across Kern County, and we can handle your civil injury claim while the criminal case runs its own course.
If a drunk driver injured you or a family member, our Bakersfield drunk driving accident lawyers can pursue compensation for your medical care, lost income, and other losses related to your injuries, and in some cases, we can request punitive damages. Mickey Fine offers a free consultation, responds within 24 hours, and works directly with every client. Call (661) 333-3333 to talk through what happened.
Contact The Law Office Of Mickey Fine Today To See How We Can Help.
Why Work With Mickey Fine After a Drunk Driving Crash?
Clients of the Law Offices of Mickey Fine work directly with Mickey Fine from the first call to the end of the case, and their files are never passed to associates. He brings more than 30 years of experience to each claim, including several years on the other side of the table as an insurance defense lawyer and time as a volunteer prosecutor.
That background matters in a drunk driving case because these claims sit at the intersection of criminal law and insurance practice. Mickey Fine has seen how prosecutors build impaired-driving cases and how insurers evaluate claims against their own policyholders, and he uses both perspectives when preparing your claim.
What Clients Can Expect From Our Firm
Our approach to a drunk driving injury case rests on a few commitments the firm makes to every client:
- You speak directly with Mickey Fine, who personally handles your case.
- You hear back within 24 hours when you call with a question.
- We represent clients on a contingency fee basis under our No Win – No Fee approach, so you owe no attorney fee unless we recover compensation for you.
- We review your consultation for free, with no obligation to hire us.
Other personal injury attorneys frequently refer clients to Mickey Fine, and the firm has recovered millions in verdicts and settlements for injured people. Every case depends on its own facts, and past results do not predict the outcome of any future case.
If you are ready to talk with an attorney who will personally know your file, call (661) 333-3333 for a free consultation.
Can You Sue a Drunk Driver in California Even If There Is a Criminal Case?
Yes. A drunk driving crash usually leads to two separate cases: a criminal prosecution brought by the government and a civil injury claim that you bring to recover your losses. You do not have to wait for the criminal case to end before an attorney starts building your civil claim, and the civil claim continues even if the criminal case ends in a plea deal or a dismissal.
The two cases have different goals and use different rules. The criminal case asks whether the driver broke the law, such as California's DUI injury statute, and decides the punishment. Your civil claim asks what the driver owes you for the harm the crash caused.
Here is how the two cases differ for an injured person in Kern County:
| Question | Criminal DUI case | Civil injury claim |
|---|---|---|
| Who brings it? | The prosecutor, on behalf of the State of California | You, as the injured person, through your attorney |
| Where is it heard? | Kern County Superior Court, criminal division | Insurance negotiations first, then Kern County Superior Court if a lawsuit is filed |
| What must be proven? | Guilt beyond a reasonable doubt | Fault and damages by a preponderance of the evidence |
| What is the goal? | Punishment, such as jail, fines, probation, and license consequences | Compensation for your losses, plus punitive damages when the law allows |
| Who controls decisions? | The prosecutor decides charges and plea offers | You decide whether to settle, with your attorney's advice |
The lower burden of proof in a civil case comes from California's Evidence Code section 115, which makes a preponderance of the evidence the default standard unless another law sets a different one. In practice, a driver who avoids a conviction can still be found responsible for your injuries in a civil case.
How the Criminal Case Can Help Your Injury Claim
Evidence gathered for the criminal case often supports the civil claim as well. Police reports, chemical test results, officer body camera footage, and witness statements can all help show that the driver was impaired and caused the crash. When we take a drunk driving case, we track the criminal matter so the civil claim can use what the prosecution develops.
Criminal Restitution Versus a Civil Settlement
California's restitution statute states that a crime victim who suffers an economic loss should receive restitution directly from the convicted defendant. A criminal court's restitution order covers economic losses tied to the crime, while a civil claim can also seek compensation for pain and suffering and other harms resulting from a physical injury. We coordinate the two so that you receive all possible recoverable losses.
Are Punitive Damages Available in a Bakersfield Drunk Driving Case?
Punitive damages can be available in a California drunk driving case, though they are never automatic. Under Civil Code section 3294, a court may award damages meant to punish a defendant when clear and convincing evidence shows oppression, fraud, or malice. The statute defines malice to include despicable conduct carried on with a willful and conscious disregard of the rights or safety of others.
The California Supreme Court recognized in 1979 that driving while intoxicated may meet the malice standard when the circumstances show a conscious disregard of the probable dangerous consequences. Whether a jury will award punitive damages depends on whether the evidence can prove the driver's choices before the crash.
Facts That Can Support a Punitive Damages Claim
Every case is different, and punitive damages turn on what the evidence shows about the driver's state of mind. Facts that often matter in this analysis include:
- A very high blood alcohol concentration as measured after the crash
- Prior DUI arrests or convictions that show the driver knew the risk
- Evidence that the driver was warned not to drive or had keys taken away earlier
- Extreme speed, wrong-way driving, or fleeing the scene
- Statements or messages showing the driver planned to drink and then drive
Because the standard of proof for punitive damages is higher than for ordinary damages, building this part of the claim takes careful investigation from the start. We look for this evidence early, while records and witnesses are still available.
Who Can Be Held Responsible for a Drunk Driving Crash in Kern County?
The impaired driver is responsible for the harm caused by driving drunk, and other parties can share responsibility in specific situations. California law sharply limits claims against people who serve alcohol, so identifying every responsible party starts with knowing where those limits are.
The parties who may be part of a drunk driving injury claim include:
- The impaired driver, whose decision to drive drunk caused the crash
- An employer, when the driver was working at the time of the crash
- A licensed seller of alcohol, but only if it sold or served alcohol to an obviously intoxicated minor, and that sale caused the injury
- An adult who furnished alcohol at home to someone under 21, when that person then caused the crash
- A public entity, when a government driver or a dangerous road condition contributed to the crash
Each of these parties raises different evidence and deadline issues. Claims against public entities carry an especially short timeline, which we cover below.
California's Narrow Rules for Bars and Social Hosts
California generally does not allow injury claims against a bar, restaurant, or store for serving an adult who later drives drunk. Section 25602 of the Business and Professions Code states that a person who serves an obviously intoxicated person is not civilly liable for injuries caused by that person's intoxication.
The main exception for businesses is section 25602.1, which allows a claim against a licensed seller that sells or serves alcohol to an obviously intoxicated minor when that sale causes injury or death. For private hosts, Civil Code section 1714 protects social hosts in general but permits a claim against an adult who knowingly furnishes alcohol at home to someone known, or who should have been known, to be under 21.
What Compensation Can You Recover After a Drunk Driving Crash?
A drunk driving injury claim can seek compensation for the financial losses and personal harm the crash caused. Impaired driving collisions tend to be among the most serious crashes a Bakersfield car accident lawyer handles, and California's comparative fault rule and insurance limits affect how much is recoverable, so the value of each claim depends on its facts.
Economic Losses
Economic damages cover losses with a dollar figure attached. In a drunk driving case, these often include:
- Hospital, surgery, therapy, and other medical bills, past and future
- Wages lost while you recover, and income you can no longer earn
- Costs of home help, transportation to appointments, and needed equipment
- Repair or replacement of your vehicle and other damaged property
We document these losses with records, bills, and employer information so the claim reflects the full cost of the crash.
Pain, Suffering, and Emotional Harm Tied to Your Injuries
California law allows compensation for physical pain and the emotional effects that come with a physical injury, such as anxiety after a violent crash or the loss of activities you used to enjoy. These non-economic damages often constitute a significant portion of a drunk-driving claim. We connect them to the medical record of your physical injuries so the claim rests on documented harm.
Protection If Your Own Insurance Had Lapsed
California normally bars an uninsured vehicle owner from recovering non-economic damages after a crash. Civil Code section 3333.4 makes an exception when the person who caused the crash was driving under the influence and was convicted of that offense. If your coverage had lapsed, tell us during your consultation, because a DUI conviction can preserve claims you might otherwise lose.
When a Drunk Driving Crash Is Fatal
When a drunk driver takes someone's life, surviving family members may bring a claim for the loss of their loved one's support, care, and companionship. Our firm also handles wrongful death claims for Kern County families, with the same personalized care we give every client.
Hear From Our Clients
How Does Insurance Work After a Drunk Driving Accident?
California is an at-fault state, so the drunk driver's liability insurance is usually the first source of payment for your injuries. Insurance Code section 11580.1 sets out the required terms of these policies, and an injured person can pursue the at-fault driver for damages resulting from the crash.
The problem in many drunk driving cases is coverage size. California's minimum liability limits rose for policies issued or renewed on or after January 1, 2025, to $30,000 per person and $60,000 per accident for bodily injury, which can fall far short of the cost of a serious injury.
Uninsured and Underinsured Motorist Coverage
When the drunk driver had no insurance, or too little, your own uninsured or underinsured motorist coverage may help pay for your injuries. These claims are made against your own insurer, which then evaluates them much like a claim against a stranger. If the insurer delays or refuses payment, we know how to respond, and if an insurer has already turned you down, our guide to claim denials explains the next steps.
Help From the California Victim Compensation Board
The California Victim Compensation Board lists driving under the influence among the crimes it covers. The program can help with certain crime-related expenses, such as medical treatment, mental health services, and income loss. It pays only after other sources, such as insurance and civil recoveries, so we review how it fits with your claim.
What If the Drunk Driver Says You Were Partly at Fault?
California follows a pure comparative negligence rule, so you can still recover compensation even if you share some fault for the crash. Under Civil Code section 1714 and the California Supreme Court's adoption of pure comparative fault, your recovery is reduced by your share of fault rather than barred.
How Shared Fault Affects the Numbers
Suppose a jury finds your damages total $200,000 and assigns you 10 percent of the fault for a delayed brake or an unbuckled seat belt. Your recovery would be reduced by 10 percent, to $180,000. Insurers sometimes raise these arguments in drunk driving cases to lower the value of a claim, and we answer them with the evidence of what the impaired driver did.
How Long Do You Have to File a Drunk Driving Injury Claim?
Most California injury lawsuits must be filed within two years of the injury under the state statute of limitations of the Code of Civil Procedure. The same two-year period generally applies to claims for a death caused by another person's wrongful act. Exceptions can shorten or extend the deadline, so check the date that applies to your case as soon as possible.
Shorter Deadlines for Claims Involving Public Entities
If a city, county, or state vehicle or employee was involved, or a road condition contributed to the crash, a formal claim must usually be presented to the public entity within six months under Government Code section 911.2. Missing that window can end a claim before a lawsuit is ever filed. We look for public entity involvement during the first review of your case.
What to Bring to Your Free Consultation
You do not need to have everything organized before you call, but these items help us evaluate your claim quickly:
- The police report number or any paperwork officers gave you
- Photos of the vehicles, the scene, and your injuries
- Medical records, bills, and appointment schedules
- Your auto insurance policy and any letters from insurers
- Court dates or notices you received about the criminal case
If you are missing some of these, we can request many records on your behalf once we represent you.
FAQs: Bakersfield Drunk Driving Accident Cases
These are questions people in Kern County often ask when deciding whether to hire a lawyer after a crash with an impaired driver.
Do I need a lawyer if the drunk driver's insurance company already called me?
You are not required to have a lawyer, but talking with one before giving a recorded statement or signing anything can protect your claim. An adjuster's job is to evaluate the claim for the insurer, and early statements are often used later to question your injuries or the crash details. A free consultation with Mickey Fine can help you understand your options before you respond.
What does a drunk driving accident lawyer cost in Bakersfield?
The Law Offices of Mickey Fine handles drunk driving injury cases on a contingency fee basis, so there is no attorney fee unless we recover compensation for you. The consultation is free, and the fee agreement explains the percentage and how case costs are handled before you sign. You can ask Mickey Fine about any part of the agreement at your first meeting.
Should I wait until the drunk driver is convicted before contacting a lawyer?
No. Waiting for a conviction can cost time on your civil deadline and allow evidence such as video footage and witness memories to fade. Your civil injury claim is separate from the criminal case, and an attorney can start investigating while the prosecution moves forward in Kern County Superior Court.
Can I still bring a claim if the drunk driver was a teenager?
Yes. An underage driver can be held responsible for a crash, and the source of the alcohol may matter. California allows claims in limited situations against a licensed seller that served an obviously intoxicated minor, or against an adult who knowingly furnished alcohol at home to someone under 21, so your attorney will look at where the driver obtained the alcohol.
What happens if the drunk driver was driving a work vehicle?
If the driver was on the job at the time of the crash, the employer and its insurance may also be responsible for your injuries. Commercial vehicles often carry larger policies than personal cars, which can affect the amount of coverage available. Truck and delivery vehicle cases also involve company records that should be requested quickly, before they are lost.
Talk With Mickey Fine About Your Drunk Driving Injury Claim
A drunk driver's choice forced you into this situation, and you should not have to sort out the insurance and legal process on your own while you heal. Mickey Fine has handled injury claims in Kern County for more than 30 years, and he will personally review what happened and explain the options the law gives you.
Call (661) 333-3333 or contact our office for a free consultation. You can expect a response within 24 hours.