Bakersfield Car Accident Lawyers
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Our Bakersfield Car Accident Lawyers Help Protect The Rights Of Injury Victims
Bakersfield is the county seat and largest city within Kern County, California, and the 2020 United States Census reported that the city had a population of 407,615. According to the Census, 57.9 percent of the population is white alone, 52.0 percent is Hispanic or Latino, 12.5 percent is two or more races, 7.2 percent is Asian alone, and 7.0 percent is Black or African American alone. Car accidents can happen anytime in Bakersfield, and they can be devastating. If you or someone you know has been involved in a car accident, consider speaking with experienced Bakersfield car accident lawyers. We can advocate for your rights and assist you in pursuing compensation for your injuries and losses.
The Census stated that the median value of owner-occupied housing units in Bakersfield was $272,000. A Forbes article entitled “Best Places To Live In California In 2023” listed Bakersfield as the 10th best place to live in the state, saying that the median home price was $395,475 and estimated monthly expenses were $6,327 for a location only a couple of hours from Los Angeles.
Bakersfield can be a popular location for car accidents because of the number of major roads that run through or go by the city. California State Route 99 (SR 99 or CA 99) runs right through downtown, while California State Route 58 (SR 58 or CA 58) branches off from SR 99 in the southeast portion of the city.
California State Route 178 (SR 178 or CA 178) extends from downtown to the northeast part of the city, while Interstate 5 (I-5) runs along the western edge of the city. Other major thoroughfares in Bakersfield also include California Avenue, Chester Avenue, Palm Street, Truxtun Avenue, Brundage Lane, Belle Terrace, Ming Avenue, and Wilson Road.
It is important for all people who are involved in motor vehicle accidents in the greater Bakersfield area to understand that some crashes have the potential to cause serious injuries that can require extensive medical care and may leave some individuals immobile for a lengthy period of time. Some people will also lose their loved ones in fatal car accidents, and it can be difficult to know how to take legal action in such cases.
A person who is involved in any car wreck in the Bakersfield area will want to be sure they take the time to speak with a car accident lawyer in Bakersfield about their case. An attorney can review the details and explain the available legal options.
Recovery should remain the main focus, and an attorney can handle communications with insurance companies to help reduce additional stress.
The bottom line to most car accident injury claims is that insurance companies for negligent drivers are generally responsible for paying compensation if liability is established. Settlement offers may not always reflect the full extent of losses, and insurers may dispute fault in some cases. You may want to consult a lawyer who can evaluate liability and present evidence regarding fault and damages.
If you were injured in a car accident in Bakersfield, consider reaching out to a lawyer to discuss your rights and legal options. You may call (888) 488-1391 or fill out our contact form.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
What Do Car Accident Lawyers In Bakersfield Do?
Attorneys who handle car accident cases represent people hurt in collisions and help them pursue compensation for their losses. In most cases, a Bakersfield car accident lawyer will negotiate with an insurance company to determine a fair settlement amount. Still, there may also be cases that an attorney has to take to trial if a resolution cannot be reached.
People need to understand that there are risks and difficulties to trying to negotiate a settlement on your own. Many people tend to think that negotiating their own settlement will save them money by not having to pay a lawyer.
You need to understand that as soon as you begin talking to an insurance company, agents may ask questions or request statements during recorded conversations that can affect your claim later on. Many people are not aware of how certain admissions may be interpreted, and statements made early in the process could limit available compensation or delay a claim.
Car Accident Statistics In Bakersfield
California Office of Traffic Safety (OTS) statistics show that there were 1,958 fatal and injury crashes in Bakersfield in 2020, including 265 alcohol-involved accidents, 103 motorcycle crashes, 112 pedestrian accidents, 63 bicycle crashes, 246 speed-related accidents, and 297 hit-and-run crashes. Centers for Disease Control and Prevention (CDC) WONDER statistics also show that the rates of car accidents were higher in Kern County than they were statewide or nationally.
The death by car accident rate for men was 21.3 per 100,000 people in the United States and 15.4 in California, while the rate was 23.8 in Kern County. For women, the rate was 9.6 nationally and 6.9 statewide, but 9.4 in Kern County.
Statewide Integrated Traffic Records System (SWITRS) records further show that the most recent year involved 3,259 car accidents in Bakersfield and 1,561 injuries. There were 1,326 instances of two cars colliding, 79 cases of drivers hitting fixed objects, 43 cases of pedestrians being struck, 42 instances of cars striking parked vehicles, and 37 bicycle accidents.
Speeding was the primary cause of most collisions, identified in 492 cases. Other common causes included 343 instances of people running red lights or stop signs, 287 cases of vehicles violating right-of-way laws, 163 cases of improper turns, 135 cases involving alcohol or drug use, 41 unsafe lane changes, and 26 cases of people driving on the wrong side of the road.
Frequent Causes Of Car Accidents In Bakersfield
When it comes to driving under the influence (DUI) crimes in California, the 2021 Annual Report Of The California DUI Management Information System establishes that the DUI arrest rate and the number of felony, misdemeanor, and total DUI arrests have fallen each year over the past decade. Whereas the DUI arrest rate was 880 per 100,000 licensed drivers, and there were 5,577 felony DUI arrests and 202,954 misdemeanor DUI arrests in 2009, the DUI arrest rate was 455 per 100,000 licensed drivers, and there were only 4,920 felony DUI arrests and 119,221 misdemeanor DUI arrests in 2019.
DUI conviction rates have also decreased from 77.2 in 2009 to 71.1 in 2018, and the number of total DUI convictions fell from 161,074 in 2009 to 93,926 in 2018. Alcohol-involved crash fatalities fell from 1,263 in 2009 to 1,187 in 2019, but alcohol-involved injuries have increased from 26,058 in 2009 to 27,333 in 2019.
Most people are aware that drunk driving is against the law in California, yet too many motorists decide to get behind the wheel after having a few drinks and place countless people at risk of serious injury. Anybody involved in a motor vehicle accident caused by a drunk driver may consider consulting Arash Law, managed by Arash Khorsandi, Esq. We can explain the legal options available to people affected by these incidents.
While the statistics indicate that more than 72,000 suspensions are for first-time DUI offenders, there are also more than 27,000 second-offender violations, nearly 7,000 third-offender actions, and over 2,000 fourth or more revocations. The bottom line is that many people who cause drunk driving accidents in California are repeat offenders, and people who commit repeat offenses will also have a more difficult time defending themselves.
Proposition 213 was supported by Mothers Against Drunk Driving (MADD), the California Police Chiefs Association, the California Association of Highway Patrolmen, the Doris Tate Crime Victims Bureau, the California Peace Officers’ Association, the Peace Officers Research Association of California, and the Association for California Tort Reform. It was officially entitled The Personal Responsibility Act of 1996. The initiative limits the right of uninsured motorists, drunk drivers, and felons to sue and recover damages from law-abiding citizens.
Proposition 213 prohibits recovery of non-economic damages in certain accidents, and an uninsured driver or driver subsequently convicted of DUI at the time of an accident cannot sue a responsible party for non-economic losses. Only economic damages can be awarded, but an uninsured motorist injured by a drunk driver can still sue to recover non-economic losses from a drunk driver.
A 2021 OTS Public Opinion Survey found 74.3 percent of Californians identified distracted driving as being their biggest traffic safety concern on local roadways. The financial website MoneyGeek actually found that California ranked 46th in the nation in terms of distracted driving death rate, with a rate of 0.35 deaths per billion miles and 223 distracted driving deaths between 2019 and 2020.
The National Highway Traffic Safety Administration (NHTSA) notes that distracted driving killed 3,142 people in the United States in 2020. NHTSA defines distracted driving as any activity that diverts a driver’s attention from driving, including:
- Talking or texting on a cell phone.
- Eating and drinking.
- Talking to people in a vehicle.
- Fiddling with a stereo, entertainment, or navigation system.
- Grooming.
- Reading.
- Reaching for an object.
California prohibits people from using a cell phone or similar electronic communication device while holding it in their hand while driving, meaning people can only use cell phones in a hands-free manner, such as speaker phones or voice commands. All drivers under 18 years of age are prohibited from using cell phones for any reason.
The CDC states that nine people nationwide are killed every day in crashes reportedly involving distracted drivers. More alarmingly, one in every five people who are hurt in distracted driving crashes are people who were not within motor vehicles, meaning injured parties were bicyclists, pedestrians, or other parties outside of motor vehicles.
Under California Vehicle Code § 23103, a person commits a reckless driving offense when they drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property, or drive a vehicle in an off-street parking facility in willful or wanton disregard for the safety of persons or property. This crime is punishable by up to 90 days in a county jail or a fine of up to $1,000 (or both).
A person who drives recklessly will also be much more likely to be at fault in an accident. It is important for people to retain legal counsel when they need help proving that another driver committed a reckless driving offense.
Some of the most common examples of reckless driving include, but are not limited to:
- Driving at high speeds.
- Weaving in and out of traffic.
- Tailgating.
- Illegal passing over a double-yellow line.
- Swerving into opposing lanes.
- Driving on sidewalks.
- Deliberately running red lights.
The Insurance Institute for Highway Safety (IIHS) Highway Loss Data Institute (HLDI) reports that 928 people were killed in crashes that involved red light running in 2020. Half of the fatalities in these cases were people outside of motor vehicles, such as pedestrians and bicyclists.
Red light cameras are legal under California Vehicle Code § 21455.5 and can be extremely beneficial in cases in which accidents are the result of drivers running red lights.
According to the National Safety Council (NSC), a study by the AAA Foundation for Traffic Safety found that 328,000 drowsy driving crashes occur annually, which is more than the 100,000 police-reported, drowsy-driving crashes from NHTSA. The CDC estimates that 1 in every 25 drivers falls asleep while driving in the previous 30 days.
Drowsy driving is incredibly dangerous because the effects of fatigue can mimic the effects of intoxication, meaning people will be more likely to cause accidents. Frequent yawning or nodding off are common signs of fatigue, but missing exits or drifting out of your lane can also be signs.
While the list above covers many of the most common causes, other common causes of car accidents in Bakersfield can include drivers who were speeding. Speeding is a very common traffic violation in California, and a person who exceeds a posted speed limit can be at fault for a car accident.
Aggressive driving can be another common cause, although determining what constitutes aggressive driving can be difficult. Many other drivers may be under the influence of prescription medication or other drugs.
There is also an increased risk of crashes being the result of defective automobile parts. Any part of a motor vehicle that fails can lead to a possible product liability action.
There are also issues with roadways themselves, as governmental entities can be liable for accidents caused by certain dangerous road conditions. Such cases usually require immediate legal action because people must file claims against the government within six months of their accidents.
Types Of Car Accident Injuries
The nature of the injuries people may suffer in car accidents in Bakersfield can always vary depending on multiple factors, including how fast the cars were traveling, where the impact occurred, and where people were seated.
Not all injuries are immediately apparent, which underscores the importance of getting medical attention after any car accident. It is important to know if you have suffered a more serious injury than you even realize.
Most car accident cases are going to focus on physically provable injuries, such as:
- Whiplash — Whiplash is one of the most common kinds of injuries people suffer in car accidents because the injury involves a person’s head and neck being violently thrown forward due to sudden impact. Symptoms of whiplash do not always appear immediately, but many people can be dealing with considerable pain that limits their movements for prolonged periods of time.
- Broken Bones — Fractures can possibly involve surgeries or cause long-term disabilities. Serious fractures can require reconstructive surgery and the insertion of pins, plates, or screws. Simple fractures or closed fractures involve broken bones remaining within the body and do not penetrate the skin, but compound fractures or open fractures are broken bones that do penetrate through the skin and may expose the bone and deep tissues to the exterior environment.
- Lacerations — A car accident can often involve glass breaking or other sharp objects cutting people deeply and causing serious wounds.
- Severe Bruises — Contusions and hematomas are more serious forms of bruising that involve more severe medical implications. A contusion is the medical term for a bruise and usually involves rest, ice, compression, and elevation. Hematomas are more serious bruises that may include skin infections.
- Burns — When a car accident results in a fire, people can suffer severe burn injuries. Serious burns can require first aid and wound assessment, with treatment that involves medications, wound dressings, therapy, and surgery. Other severe burns may require treatment at specialized burn centers for skin grafts to cover large wounds.
- Internal Organ Injuries — An internal organ injury can be one of the most dangerous types of injuries because failure to treat these injuries properly can cause serious complications or even death. Common kinds of internal organ injuries include broken ribs, brain bleeds, abdominal aorta aneurysms, in which the stomach is compressed during an accident and causes a rupture of the abdominal aorta, pneumothorax involving a rib puncturing a lung, ruptured spleens, and internal bleeding.
- Traumatic Brain Injuries (TBIs) — A TBI is one of the most devastating injuries a person can suffer because the effects of the injury are often invisible to most other people. TBIs may be mild, moderate, or severe, and half of severely head-injured TBI patients need surgery to remove or repair hematomas (ruptured blood vessels) or contusions (bruised brain tissue).
- Spinal Cord Injuries — A spinal cord injury is damage to the bundle of cells and nerves that send and receive signals from the brain to and from the rest of the body. An incomplete spinal cord injury involves a spinal cord that can still transmit messages to and from the brain to the rest of the body, while a complete spinal cord injury is when there is no nerve communication and motor function below the site where the trauma occurred.
Psychological Issues After Car Accidents
There is little doubt that a car accident can be an incredibly traumatic experience for a person to deal with, so it is not uncommon for many people to be dealing with more complex psychological problems following a crash, as well as physical ailments.
Post-traumatic stress disorder (PTSD) is a mental health condition triggered by a person either experiencing or witnessing a terrifying event, and some of the common effects of PTSD can include:
- Car accident flashbacks
- Suicidal thoughts
- Nightmares about the crash
- Feelings of hopelessness
- Trouble sleeping
- Depression
- Emotional distress reactions to reminders
- Severe anxiety
- Detachment from loved ones
- Mood swings
- Difficulty concentrating
- Aggressive outbursts
- Startling easily
When a person is dealing with any mental health issue after a car accident, their Bakersfield car accident attorney can work with their therapist, doctor, or other experts to help prove that a person is dealing with the psychological effects of an accident. Non-economic damages are often intended to compensate people for more psychological injuries.
Uber Or Lyft Involvement In Car Accidents
Rideshare services have only become more popular nationwide in recent years. With the increase in the number of these vehicles on the road, there is an inevitable increase in the number of accidents involving Uber, Lyft, or other ridesharing vehicles.
Many people involved in such accidents believe they can hold the ridesharing company liable for their crashes. Still, it is rare to do so since many drivers are classified as independent contractors, meaning they are not actually employees of the companies for which they are working.
With all of that said, California enforces strict insurance guidelines for rideshare drivers, so any rideshare driver should have adequate insurance to cover the costs of a collision. Compensation in these cases can often depend on a driver’s status at the time of an accident, as there are three different stages for rideshare drivers.
In period one, a driver may be logged into their rideshare app but has not yet accepted a ride; a driver enters period two when they take a ride, and period three begins when a driver picks up a passenger. Insurance limits are highest when a passenger is in a rideshare vehicle, as there may be up to $1 million in coverage in these cases.
What You Should Do After A Car Accident
The first thing everybody needs to do after any car accident is to check themselves for injuries and then call 911 to report the crash. Law enforcement will typically send police officers to the scene of an accident to file a report.
People should always seek medical attention, even when they do not believe they have suffered an injury. You again need to remember that many accidents have delayed symptoms, and you will only make an injury claim more difficult for yourself if you visit a doctor several days or weeks after the date of an accident.
You should always exchange information with other drivers, being sure to get their names, addresses, phone numbers, and insurance information. If there are any witnesses to your crash, ask them for their contact information as well.
Always try to take photographs or videos of your entire crash scene, being sure to get pictures from multiple angles and distances. Contact a car accident lawyer in Bakersfield for legal guidance after your crash.
Possible Car Accident Compensation
When people file injury claims stemming from car accidents, they may be entitled to various kinds of compensatory damages. The phrase “compensatory damages” often includes both economic damages and non-economic damages.
Economic damages are actual, tangible costs people can prove in court, such as:
- Property damage or diminution of value relating to the cost of repairing or replacing a vehicle.
- Medical expenses.
- Lost wages for missed work.
- Lost future earning capacity when an injury results in permanent disability and renders an injured individual unable to return to work.
- Incidental or out-of-pocket losses caused by the accident.
Non-economic damages will be far more subjective and may include the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Physical impairment
- Disability
- Disfigurement
- Loss of consortium
- Loss of society
Determining Fault In A Car Accident
In many car accident cases, it is clear that one driver is at fault for a crash. The insurance company for the negligent driver is then liable for paying damages in the case.
It is possible for more than one driver to be at fault, so some cases can be complicated journeys to allocate fault appropriately. It is also possible that some accidents involve other negligent parties, such as motor vehicle parts manufacturers when defective parts caused an accident or governmental entities when roadways themselves were to blame for accidents.
You may benefit from consulting an experienced car accident lawyer in Bakersfield who can assess liability in your case and explain how accountability may be pursued.
How Comparative Fault Works
While Alabama, Maryland, North Carolina, and Virginia continue to use contributory negligence, California is among the many states using comparative negligence instead. Whereas contributory negligence will forbid any claims by a person who was even partially responsible for their accident, comparative negligence reduces a person’s award based on their percentage of negligence.
People can still recover damages in California even when they were partially at fault for their crash, but their award will be reduced by their percentage of the blame. In other words, if a person awarded $100,000 in a car accident, they are found to have been 15 percent responsible for will see their award reduced by $15,000, ultimately receiving $85,000.
How Age Factors Into Bakersfield Car Accidents
OTS reports that teen motor vehicle fatalities (meaning people ages 16 to 19) decreased 25.2 percent from 219 in 2018 to 164 in 2019, and teen driver fatalities decreased 12.7 percent from 95 in 2018 to 83 in 2019.
The California Department of Transportation reports that adults 25 to 34 years of age make up the largest number of victims in fatal and serious injury collisions. Almost half of all fatal and serious injury collisions involve people between 15 and 34 years of age.
Wrongful Death Claims And Car Accidents
People have the right to file wrongful death claims in California when their loved ones are killed as a result of certain negligence-based actions, such as car accidents or intentional acts. A wrongful death action is a civil case, which is very different from any criminal charges a person may face in connection with a death.
California only allows for a deceased person’s surviving spouse or domestic partner, surviving children, or grandchildren of any deceased child of a decedent to file wrongful death claims.
When none of these parties exist, another party entitled to the property of a decedent by intestate succession, such as their parents or siblings, could file. However, many people who were financially dependent on decedents can also file.
Damages in a wrongful death case often include funeral and burial expenses. They may also include financial support a decedent will have contributed to a family, loss of gifts or benefits that a family or family member will have expected to receive from a decedent, and the reasonable value of household services that a decedent will have provided.
Non-economic damages often compensate people for emotional losses in these cases, such as loss of consortium, loss of companionship, loss of comfort, loss of care, loss of assistance, loss of protection, loss of affection, loss of society, and loss of moral support.
California generally prohibits punitive damages in wrongful death cases, except in cases where the death resulted from a felony homicide with a conviction. However, survival actions can be filed on behalf of a deceased person’s estate. These claims address the decedent’s own legal rights or claims for injuries suffered before death and may allow recovery of certain damages unrelated to the death itself.
Settlement in a motor vehicle accident involving a commercial agricultural defendant – client suffered spinal injuries– JUDD ROSS ALLEN
Frequently Asked Questions (FAQs) About Car Accidents In Bakersfield
Can I Get Compensation Even When I Was Partially Responsible For My Accident?
Yes. In California, the rule of comparative negligence applies. This means that if the court finds you shared some responsibility for the accident, you may still recover compensation. However, the amount awarded is reduced in proportion to your percentage of fault.
For example, if your damages total $100,000 and the court determines you were 30% at fault, your recovery would be reduced by that percentage, leaving you eligible to receive $70,000.
Will I Still Have A Case If My Damages Were Minor?
Even if your injuries or losses are relatively minor, you may still have a case. Consulting with an experienced attorney can help you understand your legal options and whether pursuing a claim is worthwhile.
Compensation is not limited to medical expenses. Property damage, lost wages, and other financial losses can also be considered. For cases where total damages are under $7,500, filing in small claims court may be an option, though this approach may not be suitable for every situation.
Our team at Arash Law can review the details of your accident, explain the potential value of your claim, and provide guidance on your next steps.
What Is Proposition 213?
Multiple groups supported the passage of Proposition 213 in 1996 because insurance costs had skyrocketed for Californians who took responsibility for their actions. The problem was that uninsured motorists, drunk drivers, and criminal felons were being rewarded for their irresponsibility and lawbreaking.
State laws allowed uninsured motorists and drunk drivers involved in drunk driving and other accidents to recover damages from law-abiding citizens. Criminals can also recover damages from law-abiding citizens for injuries suffered during the commission of crimes.
Proposition 213 prohibits the recovery of non-economic losses in certain kinds of accidents, and uninsured drivers or drivers subsequently convicted of DUI at the time of their accidents cannot sue responsible parties for non-economic losses because they can only be sued for economic losses. Uninsured motorists injured by drunk drivers can still sue to recover non-economic losses from drunk drivers.
People convicted of felonies cannot sue to recover any losses suffered while committing crimes or fleeing from the crime scenes when those losses resulted from another person’s negligence. Convicted felons may still sue to recover losses for certain injuries suffered while committing or fleeing a crime.
A Rand Institute for Civil Justice study entitled “The Effect of Proposition 213 on the Cost of Auto Insurance in California” determined that Prop 213 will reduce insurers’ compensation costs for personal injuries by 10 percent. The study showed a 53 percent reduction in Los Angeles, a 43 percent reduction in San Diego, a 35 percent reduction in Fresno, a 45 percent reduction in San Francisco, and a 38 percent reduction in Sacramento for a 65-year-old person with no traffic violations while a person 30 years of age can expect a 48 percent reduction in Los Angeles, a 40 percent reduction in San Diego, a 31 percent reduction in Fresno, a 42 percent reduction in San Francisco, and a 36 percent reduction in Sacramento.
What Happens If A Police Report Claims My Car Accident Was My Fault?
People should never admit to any fault at the scene of a car accident, especially while discussing a crash with the police. Police reports are not the final words in accident cases, so one officer’s assessment that a person was to blame may not line up with what an independent investigation reveals.
In California, you may still pursue compensation even if you were partly at fault. Working with a car accident lawyer can help you review the circumstances, gather evidence, and present your side of the story. Our lawyers can guide you through the claims process and help clarify how fault may be assessed in your case.
Who Pays Compensation In Car Accident Injury Claims?
In most car accident cases, compensation is paid by the insurance company of the at-fault driver. In some situations, if damages exceed the driver’s policy limits, the driver may become personally responsible for additional costs.
Other claims may involve liability for companies that employ the driver or other parties connected to the accident. Typically, claimants file either a first-party claim with their own insurer or a third-party claim with the at-fault driver’s insurance provider. Working with an experienced car accident lawyer can help navigate these processes and properly document your losses.
How Much Compensation Can I Recover For My Car Accident?
Determining the exact amount of compensation for a car accident can be challenging because many factors influence the final outcome. An attorney can provide an estimate based on your injuries, property damage, lost wages, and other related losses, but the precise figure may not be clear until later in the claims process.
It is important to be cautious of anyone promising a specific recovery amount. Our car accident attorneys can review the details of your case and provide a realistic assessment of potential compensation while helping you understand the factors that may affect the outcome.
How Long Does It Take To Resolve A Car Accident Case?
There is no set timeline for resolving a car accident case. Some injury claims can be quickly resolved within a matter of weeks, but many other cases will drag out for several months or possibly even years.
It’s important to be patient throughout the process, as reaching a fair resolution often requires gathering evidence, reviewing medical records, and negotiating with insurance companies. A skilled car accident lawyer can help guide you through each step and keep you informed about the progress of your case.
Should I Accept An Insurance Company’s Settlement Offer For My Car Accident?
It’s important to carefully evaluate any settlement offer before accepting it. While a quick payment may seem helpful, the amount offered may not always cover the full costs of your injuries, medical care, lost income, or future needs.
Once you accept a settlement, you usually cannot seek additional compensation later, even if your expenses turn out to be higher than expected. A car accident lawyer can review the offer, explain whether it reflects the damages you’ve sustained, and discuss your legal options so you can make an informed decision.
What If I Suffered An Injury On I-5?
Interstate 5 (I-5) is one of the busiest highways near Bakersfield, running through areas such as Tejon Pass, The Grapevine, and the Central Valley. With high traffic volumes, accidents can and do occur on a regular basis.
If you are involved in a collision on I-5, it may be helpful to consult a car accident lawyer. They are familiar with the specific challenges and traffic conditions on this route. They can also guide you in documenting your injuries, gathering evidence, and filing personal injury claims.
New Car Laws In California
The California Department of Motor Vehicles (DMV) provides a list of recent changes. Beginning January 1, 2023, online driver’s license renewal for Californians 70 and Older Ends, and these people must renew their license in person at a DMV office.
Assembly Bill No. 1909 (AB 1909) requires drivers to change into another available lane, when possible, to pass cyclists. It also allows Class 3 e-bike riders to use approved bicycle paths and trails, bikeways, and bicycle lanes.
California Vehicle Code § 27400 establishes that a person operating a motor vehicle or bicycle cannot wear a headset covering both of their ears, earplugs in both of their ears, or earphones covering, resting on, or inserted in both ears. Violations can lead to fines of nearly $200 as well as one point on a DMV record.
California Vehicle Code § 27007 further makes it unlawful for a person to have a sound amplification system that can be heard outside the vehicle from 50 or more feet when the vehicle is being operated on a highway.
What Is California’s Seat Belt Law?
California’s seat belt law requires all occupants of moving motor vehicles 8 years of age or older to wear a seat belt. Children under 8 years of age need to be restrained in a car seat or booster seat in the back seat of a vehicle.
Children under 2 years of age must ride in a rear-facing car seat unless the child weighs more than 40 pounds or is more than 40 inches tall. The primary statute requiring seat belts for adults is California Vehicle Code § 27315.
While state law requires people to wear seat belts, vehicle owners are also required to maintain working seat belts. While seat belt violations may lead to tickets involving fines of $20 for a first offense and $50 for a subsequent offense, the amounts people will pay will often be much higher because of fees and penalties.
Statute Of Limitations For Car Accidents
When people suffer injuries or their loved ones are killed in car accidents in California, state law will give them two years from the date of the accident to file legal claims. One exception to the time limit, known as the statute of limitations, is when an injury victim is a minor. People who were minors at the time of the accident will then have two years to file once they turn 18 years of age.
Similarly, people who are mentally incapable of taking legal action following a car accident, such as people in a coma, can also have their statute of limitations extended. When a person is only seeking compensation relating to property damage, then they will have three years to file their claim.
Speaking with a Bakersfield car accident lawyer soon after a crash can help clarify how these deadlines may apply to your case.
The Frequency Of Drunk Driving Accidents In California
According to OTS, one-third of all traffic crash fatalities in the United States involve drunk drivers with blood alcohol concentrations (BACs) of 0.08 or higher, and 10,076 people were killed in such crashes during the most recent reporting year. One in five child passenger deaths, meaning people 12 years of age and younger, were drunk driving deaths, and 71 percent of cases involved children being in the vehicles of drunk drivers.
OTS states that a person dies in a drunk driving crash every 52 minutes in the United States. The CDC states that 10,327 people were killed in drunk driving crashes in California between 2003 and 2012, with people 21 to 34 years of age having a death rate of 4.5 per 100,000 people, people 35 years of age or older having a death rate of 1.8, and people 20 years of age or less having a crash rate of 0.9.
How Much Will A Bakersfield Car Accident Lawyer Cost?
The cost of hiring a car accident lawyer in Bakersfield can vary. It depends on several factors, including the nature of your case and the amount of work involved.
Some of the key factors that may affect legal costs include:
- Complexity of the case.
- Length of the case.
- Type of evidence needed.
- Court and filing fees.
Due to these variables, many personal injury lawyers, including those handling car accident cases, work on a contingency fee basis. This means clients are not asked to pay legal fees upfront. Instead, the lawyer’s fee is collected as a portion of the recovery if the case is successful. Case-related costs such as filing fees or expert expenses may still apply, and these are typically explained at the beginning of representation.
Contact Our Bakersfield Car Accident Lawyers For Legal Help
When any person has been involved in a car accident in Bakersfield, they may benefit from seeking legal help. Many people will need to file claims with insurance companies in these cases, and having an experienced attorney by your side can help you understand the appropriate actions in your case.
Arash Law has been assisting car accident victims all over California for decades, providing legal guidance in these types of cases. Our firm works to investigate crashes, secure important evidence, and negotiate on behalf of clients in pursuit of settlements that address their costs.
If a settlement cannot be reached, our firm may file a lawsuit and take the case to trial. While trials are uncommon in most car accident cases, we are prepared to move forward when the circumstances require it.
Our Bakersfield car accident lawyers also serve many surrounding areas of Bakersfield, including Lamont, Oildale, Shafter, Arvin, Taft, Wasco, Tehachapi, Delano, Lindsay, Porterville, Tulare, Corcoran, Farmersville, Exeter, and Fillmore.
