The criminal case against the impaired driver is completely separate from your civil claim for damages, a distinction that surprises many victims. A dedicated Bakersfield drunk driving accident lawyer focuses exclusively on your civil case to secure the full compensation you need.
The Law Offices of Mickey Fine works to hold negligent drivers accountable and help you rebuild after a wreck with an impaired motorist. Call us today at (661) 333-3333 for a free consultation.
Key Takeaways for a Bakersfield Drunk Driving Accident Attorney
- A criminal conviction against the drunk driver can significantly strengthen your civil injury claim, but your claim remains a separate legal action.
- You may pursue compensation not just from the drunk driver, but potentially from their employer or, in very specific cases, a third party who provided alcohol.
- In addition to standard damages for medical bills and lost wages, California law allows victims of drunk driving accidents to pursue punitive damages.
- Insurance companies may try to contact you quickly with a low settlement offer; you don’t have to accept it and should seek legal counsel first.
- A lawyer preserves and organizes vital evidence for your case, such as police reports, toxicology results, and witness statements.
Why Choose the Law Offices of Mickey Fine for Your Claim
You need an advocate who not only understands California law but also knows the Bakersfield community. Our firm offers dedicated legal support with a personal touch that larger, out-of-town firms simply cannot match.
We have a deep commitment to the residents of Kern County, from Oildale to the master-planned communities in Seven Oaks.
We Know the Bakersfield Community
Our attorneys know the challenges that accidents on busy roads like Rosedale Highway or Ming Avenue can create. We understand how a serious injury can disrupt your life, from your commute to your ability to enjoy a walk through The Park at River Walk.
Our local knowledge allows us to build stronger, more relatable cases that resonate with local judges and juries.
We Extract the Most Critical Evidence
Your case requires more than just the police report, so we investigate every angle of your accident. Our team works to gather all necessary evidence to build a comprehensive claim.
We can obtain and analyze toxicology reports, interview witnesses, and document the full extent of your damages. We isolate the facts that matter to construct a powerful argument on your behalf.
Clear Communication
The legal process can seem complicated, so we take the time to clarify every step and explain your rights in plain language. An informed client is an empowered client, and our team will work with you to develop a tailored legal strategy that addresses your unique situation.
We handle the complex communications with insurance adjusters and opposing counsel, freeing you to concentrate on your recovery.
When you need a Bakersfield drunk driving accident lawyer who will stand by your side, contact the Law Offices of Mickey Fine. Call us for a free, no-obligation case review at (661) 333-3333.
Available Compensation in a Drunk Driving Injury Claim
When a drunk driver’s actions cause you harm, California law allows you to seek compensation (damages) for a wide range of losses. A successful claim helps you cover the tangible and intangible costs associated with the accident.
We work to identify every category of loss you have suffered to build a comprehensive demand for compensation. Your claim can include payment for many different types of losses.
Common examples include:
- Medical Expenses: This category covers all past, present, and future medical care, including emergency room visits, hospital stays, surgeries, medication, and physical therapy.
- Lost Wages and Earning Capacity: If your injuries prevented you from working, you can claim the income you lost. If the injuries affect your ability to earn a living in the future, we can also seek damages for diminished earning capacity.
- Pain and Suffering: You can receive compensation for the physical pain and emotional distress caused by the accident and your injuries. Additionally, emotional damages like PTSD can be compensated if a physical injury is present.
- Property Damage: This covers the cost to repair or replace your vehicle and any other personal property damaged in the crash.
A seasoned Bakersfield drunk driving accident lawyer helps you document and calculate these damages to ensure your claim reflects the full impact of the incident on your life.
Pursuing Punitive Damages in California
Drunk driving cases present a unique opportunity for victims to seek more than just compensatory damages. California Civil Code Section 3294 permits the recovery of punitive damages in cases where a defendant has acted with malice, oppression, or fraud.
Courts have consistently held that driving under the influence can constitute the conscious disregard for the safety of others needed to justify a punitive award.
What Are Punitive Damages?
Unlike compensatory damages that repay you for specific losses, punitive damages serve a different function. Courts award them for two primary reasons: to punish the drunk driver for their reckless and dangerous behavior, and to deter others from making the same perilous choice.
Securing punitive damages adds a layer of complexity to a claim and requires a higher burden of proof to show the defendant’s conduct was malicious. Your lawyer must present clear and convincing evidence of the driver's state of mind and egregious behavior.
The team at the Law Offices of Mickey Fine knows how to extract this evidence and present a compelling argument for punitive damages. We explore every avenue to hold the responsible party fully accountable for their choices.
The Role of Evidence in Your Drunk Driving Accident Claim
A successful injury claim depends on strong, well-organized evidence. After an accident caused by an impaired driver, gathering and preserving this evidence becomes a top priority. Your attorney acts swiftly to collect all relevant information before it becomes unavailable or difficult to obtain.
From the moment you hire a Bakersfield drunk driving accident lawyer, the process of building your case begins.
Your claim may rely on:
- Police Accident Report: This official document contains the investigating officer's observations, a diagram of the crash scene, and often a preliminary determination of fault. It may also note any failed sobriety tests.
- Chemical Test Results: The driver's blood alcohol concentration (BAC) from a breathalyzer or blood test is a powerful piece of evidence that directly establishes their impairment.
- Eyewitness Testimony: Statements from other drivers, passengers, or pedestrians who saw the accident can help corroborate your version of events and describe the at-fault driver's reckless behavior.
- Medical Records: Your medical documentation directly links the accident to your injuries and provides a detailed account of your treatment, prognosis, and the costs you have incurred.
Our legal team knows how to obtain these documents and use them to construct a clear and persuasive narrative. We refine the vast amount of information into a focused claim that demonstrates the other driver’s negligence and the extent of your losses.
Who Can Be Held Liable for a Drunk Driving Accident?
While the drunk driver is the most obvious at-fault party, they’re not always the only one. California law sometimes allows accident victims to seek compensation from other parties whose negligence contributed to the crash.
An experienced attorney investigates every possibility to identify all responsible parties.
The Drunk Driver
The person who chose to drive while intoxicated is the primary defendant. Your claim will target their auto insurance policy to cover your damages. The driver’s intoxication serves as strong evidence of their negligence and breach of the duty of care they owed to all other road users.
Third-Party Liability: Dram Shop and Social Host Rules
California has very limited laws regarding third-party liability for providing alcohol. Generally, a bar, restaurant, or social host who serves alcohol to an adult isn’t liable if that person later causes a DUI crash.
However, a significant exception exists. A business or individual who knowingly serves alcohol to an obviously intoxicated minor can be held legally responsible for any harm that the minor subsequently causes.
A Bakersfield drunk driving accident lawyer can investigate the circumstances to determine if this exception applies to your case.
Common Tactics Insurance Companies Use
After an accident, you may expect the at-fault driver's insurance company to be helpful. Unfortunately, this is rarely the case, even in drunk driving claims.
Insurance companies are businesses focused on protecting their profits, which often means paying out as little as possible on claims.
An adjuster may seem friendly, but their goal is to minimize your settlement. They often employ specific tactics to achieve this result.
Be aware of these common strategies:
- Requesting a Recorded Statement: Adjusters may ask you to provide a recorded statement about the accident and then twist your words to claim you're at fault or exaggerate your injuries. You have no obligation to provide a recorded statement.
- Making a Quick, Low Offer: They may offer a fast settlement before you know the full extent of your injuries or future medical needs. Initial offers are almost always far less than what a claim is worth.
- Disputing the Severity of Your Injuries: The insurer might scour your past medical records to argue that your injuries were pre-existing. They may also question the necessity of your medical treatments to reduce the value of your claim.
- Delaying the Process: Some insurers purposefully drag out the claims process, hoping that your frustration and mounting bills will pressure you into accepting an inadequate settlement.
Having a skilled Bakersfield drunk driving accident lawyer on your side protects you from these tactics. We handle all communications with the insurance company, allowing you to focus on getting well. We clarify the facts and reject any attempts to undervalue your claim.
FAQ for Bakersfield Drunk Driving Accident Lawyer
What Should I Do After an Accident with a Drunk Driver?
Write down every detail you can remember about the accident while the events are still fresh in your mind. Next, gather and organize any evidence you already have, such as photos of the scene, the other driver’s information, and contact details for any witnesses.
Follow your doctor’s prescribed treatment plan and attend all follow-up appointments, as this creates a complete record of your injuries. Inform your insurer about the crash, but don’t give a recorded statement to the other driver's adjuster.
Contact a personal injury lawyer to learn about your rights and the next steps for seeking financial recovery.
How Does a Drunk Driver’s Criminal Case Affect My Civil Claim?
The criminal case and your civil claim are two separate legal proceedings. The state prosecutes the driver for the crime of DUI. You, the victim, file a civil lawsuit to recover financial compensation for your damages.
A criminal conviction can serve as powerful evidence in your civil case, making it easier to prove the other driver’s negligence. Your civil claim, however, can proceed and succeed even if the driver isn’t convicted in criminal court.
How Long Do I Have To File a Lawsuit in California?
California's statute of limitations generally gives you two years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, you’ll likely lose your right to pursue compensation forever. While there are a few very narrow exceptions, act quickly to protect your rights.
Can I Still Recover Compensation if the Drunk Driver Was Uninsured?
If you carry Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto insurance policy, you can file a claim with your own insurer. This valuable coverage steps in to pay for your damages up to your policy limits when the at-fault driver has no insurance or not enough insurance to cover your losses.
A personal injury lawyer can help you navigate the process of filing a UM/UIM claim.
Why Do I Need a Bakersfield Drunk Driving Accident Lawyer for My Claim?
Hiring a Bakersfield drunk driving accident lawyer protects your rights as you seek the maximum compensation available. An experienced attorney can thoroughly investigate the crash, extract crucial evidence, and accurately value all of your damages, including potential punitive damages.
They handle all negotiations with aggressive insurance companies and can take your case to trial if a fair settlement isn’t offered. Having legal representation allows you to focus on your recovery while a professional fights for your financial future.
Call the Law Offices of Mickey Fine Today
The days after a collision can leave you with a chaotic mix of medical appointments, confusing paperwork, and financial stress. Our purpose is to bring clarity to this confusion. We help you regain control by taking on the legal burdens and creating a clear, direct plan of action.
Take the first step toward clarity. Contact the Law Offices of Mickey Fine for a free and confidential consultation at (661) 333-3333.