A crash caused by an impaired driver is sudden, violent, and entirely preventable. Victims often face painful injuries, mounting bills, and a confusing mix of police reports, court dates, and insurance calls. Our team wrote this guide to explain the rights you have and how a drunk driving accident lawyer Bakersfield families rely on can help you protect them.
Why You May Need a Drunk Driving Accident Lawyer in Bakersfield
Impaired driving remains one of the deadliest dangers on California roads. According to the California Office of Traffic Safety, alcohol-involved crashes killed 1,355 people statewide in 2023.
These collisions tend to happen at high speed, often at night, and frequently involve wrong-way or head-on impacts. As a result, victims often suffer serious injuries, including brain trauma, spinal cord damage, and broken bones. Some injuries lead to permanent disability. With so much at stake, experienced legal guidance matters.
The Criminal Case and Your Civil Claim
After a DUI crash, two separate cases may move forward at once. Prosecutors may charge the driver under Vehicle Code section 23153, which makes it a crime to drive under the influence and cause bodily injury to another person.
That criminal case aims to punish the driver. It does not pay your medical bills or replace your lost income. For that, you need a civil injury claim, which you control. Your claim can proceed whether or not prosecutors file charges, and a civil case uses a lower burden of proof than a criminal trial.
Your Voice in the Criminal Process
California voters approved Marsy’s Law in 2008, adding a Victims’ Bill of Rights to the state constitution. Among other protections, it gives victims the right to receive notice of key court proceedings, to attend them, and to speak at sentencing.
Many families find that sharing a victim impact statement helps the court understand how the crash changed their lives. Ask the prosecutor’s office to connect you with a victim advocate, who can explain the process and keep you informed. Meanwhile, your lawyer can follow the criminal case and use its evidence to support your civil claim.
Restitution and Victim Compensation
California gives crime victims important financial protections. If the court convicts the driver, it can order restitution for certain losses you suffered because of the crime.
Victims may also qualify for help from the California Victim Compensation Board (CalVCB). The board lists driving under the influence among the crimes it covers. Applicants generally have up to seven years to apply. CalVCB can help with certain crime-related expenses, but it does not replace a full civil claim for your damages.
Punitive Damages in Drunk Driving Cases
Most injury claims seek compensation for your actual losses. In some drunk driving cases, however, you may also seek punitive damages, which punish especially harmful conduct.
Under Civil Code section 3294, a court may award punitive damages when clear and convincing evidence shows that the defendant acted with malice, oppression, or fraud. The statute defines malice to include despicable conduct carried out with a willful and conscious disregard for the safety of others. Choosing to drive while intoxicated can meet that standard, depending on the facts.
Who Else May Be Responsible?
The impaired driver usually bears primary responsibility. Depending on the facts, other parties may share liability:
- An employer, if the driver was working at the time of the crash.
- An adult host who knowingly served alcohol at home to someone under 21, under Civil Code section 1714.
- A government agency, if a dangerous road design contributed to the crash.
California law generally protects bars, restaurants, and social hosts from liability for serving adults. Even so, a careful investigation can reveal other sources of recovery.
When the Drunk Driver Has Little or No Insurance
Many impaired drivers carry only minimum coverage, and some carry none at all. California’s minimum liability limits are $30,000 for injury to one person and $60,000 per accident, as the California DMV explains. Serious injuries can quickly exceed those amounts.
Your own uninsured and underinsured motorist coverage may fill the gap. Insurers often resist paying these claims, even to their own policyholders. A lawyer can review every available policy and push for full payment.
Steps to Take Before You Call a Drunk Driving Accident Lawyer in Bakersfield
What you do in the days after a DUI crash can strengthen your case:
- Call 911 and ask officers to document signs of impairment.
- Get medical care right away, even if you feel fine.
- Photograph the scene, the vehicles, and your injuries.
- Collect witness names and phone numbers.
- Keep records of medical bills, missed work, and out-of-pocket costs.
- Decline recorded statements to insurers until you speak with a lawyer.
California generally allows two years to file an injury lawsuit. Claims involving a public agency usually require notice within six months. If you lost a loved one, our wrongful death attorneys can explain your family’s options.
How a Drunk Driving Accident Lawyer in Bakersfield Can Help
Our team handles the legal work so you can focus on healing. We can:
- Obtain police reports, blood-alcohol test results, and court records from the criminal case.
- Identify every insurance policy and responsible party.
- Document your injuries, lost income, and emotional distress.
- Pursue punitive damages when the evidence supports them.
- Negotiate with insurers and, when necessary, take your case to trial.
To learn more, read our overview of drunk driving accident claims in Bakersfield or visit our car accident page.
Talk With a Drunk Driving Accident Lawyer Bakersfield Families Trust
No one should have to carry the burden of someone else’s reckless choice. At Colvin Accident Lawyers, we listen with compassion and fight for the accountability you deserve. Read what our clients say, then reach out to a drunk driving accident lawyer Bakersfield residents trust.
Call (661) 616-1177 or contact us online. We answer the phone 24/7.
