Kern County DUI Accident Victim Attorneys
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Dedicated Legal Guidance From Our Kern County DUI Accident Victim Attorneys
Inconsiderate motorists who drive under the influence of alcohol or drugs put everyone on the road at risk. If you’ve been injured in one, call our Kern County DUI accident victim attorneys at (888) 488-1391. We can help you pursue compensation for your medical bills and lost wages.
The craft beer industry is one of Kern County’s economic pillars, bringing significant annual revenue and employing hundreds of locals. As of writing, there are at least six brewing companies in the county, including the Lengthwise Brewing Company, Temblor Brewing Company, and Dionysus Brewing Company. As these big businesses thrive, so do the bars, pubs, nightclubs, and restaurants. With this advancement comes an increase in drunk driving or DUI cases.
Our attorneys at Arash Law help DUI accident victims in Kern County and throughout California understand their legal options.
How Do I Know If I Need An Attorney?
You might be considering whether you need a lawyer for your DUI case. If you sustained injuries, hiring an attorney might help you in seeking a settlement for your damages. DUI accidents often result in catastrophic injuries and a lengthy and complicated claims process. So, if you need someone who can help you with filing a claim, calculating your losses, negotiating with insurance companies, and, if it comes to it, representing you in court, consider hiring a Kern County DUI accident victim attorney.
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
How Our Kern County DUI Accident Victim Attorneys Can Help
Our injury law firm has a client-centered approach, prioritizing our clients’ well-being while we handle the legal aspects of their claim. Here are some ways our DUI lawyers in Kern County can help with your case:
We Work On Your Case During Your Healing Process
Filing a DUI claim against the negligent party is not as simple as submitting a claim form to the insurance office and then receiving a settlement check.
Claims processes can be time-consuming and stressful. Collecting evidence, for instance, can take months to a year. Preparing paperwork and attending court hearings can also be complicated.
A law firm can handle the groundwork so you can focus on getting better and returning to your normal life. Our DUI accident victim attorneys in Kern County can manage the paperwork and legal tasks. To support your case, we’ll:
- Review all the evidence you present and gather more if needed.
- Investigate the accident.
- Coordinate with eyewitnesses.
- Submit legal documents on time.
- Communicate and negotiate with the at-fault party.
Additionally, we can work with medical professionals across various specialties within the country. They will check your condition and identify other injuries that may put your health at risk. One of our priorities is to support your efforts in getting proper medical treatment.
We Will Assist You In Pursuing Compensation
Our attorneys work diligently to pursue compensation for our clients in each case. Furthermore, our team evaluates the case and examines the evidence to identify additional parties who may be held accountable. In an effort to ascertain the value of damages associated with your injury, our attorneys also consult with medical, financial, and other professionals from a variety of sectors.
As your legal team, we can assist you in pursuing reimbursement for your hospital bills, lost wages, and other relevant out-of-pocket expenses.
We Support Clients In Every Step
Here are some of the other ways our experienced DUI attorneys for accident victims in Kern County can support you:
- Communication — We will assign you a case manager who will answer all of your questions and update you on the status of your claim.
- Flexibility — If you are seriously injured in a DUI incident and cannot come to our office, our car accident lawyers can come to your location.
- Contingency Fee Agreements — Our firm works on a contingency fee basis. Clients are not required to pay attorney’s fees unless compensation is obtained. However, certain case-related expenses may still apply. We will explain our fee structure and your other billing concerns during our meeting.
- Other Services — We can handle certain arrangements on your behalf if you are unable to. We can assist you with obtaining transportation services and medical treatment, among other things.
What Is Driving Under The Influence (DUI)?
Driving under the influence (DUI) refers to operating a motor vehicle while impaired by alcohol, drugs, or certain medications. It’s a criminal offense in California, often charged as a misdemeanor. However, if a DUI causes bodily harm or property damage, it becomes a felony. Victims can seek compensation from the driver with the help of DUI accident lawyers in Kern County.
Alcohol is the most common substance associated with DUIs. It has sedating effects that impair a driver’s ability to drive safely. Drunk drivers also have poor judgment. They often believe that they’re driving safely while overspeeding, tailgating, or changing and drifting lanes abruptly.
The use of drugs and certain medications can also affect one’s driving abilities. For example, sleeping pills cause drowsiness that impairs driving performance, potentially resulting in a DUI incident.
The Dangers Of DUI
Drunk or drugged driving poses significant dangers not only to the impaired driver but also to passengers, pedestrians, and other road users. In 2021, the California Office of Traffic Safety (OTS) reported that alcohol-involved collisions in Kern County resulted in 869 fatalities and injuries. Meanwhile, the linked report notes that in 751 fatal crashes that year, the driver tested positive for drugs.
Alcohol, drugs, and certain medications can cause the following dangerous side effects:
- Slow reaction time
- Lack of coordination
- Reduced concentration
- Blurred vision
- Impaired perception
- Reduced inhibition
- Impaired decision-making
- Increased fatigue
- False confidence
- Difficulty processing information
For example, intoxicated drivers are often unaware of their speeding because alcohol or drug consumption has impaired their cognitive abilities. These side effects and behaviors can contribute to accidents.
DUI Is Illegal In California
In California, driving under the influence of alcohol, drugs, or both is illegal. This law applies to all motor vehicles, including cars, trucks, vans, motorcycles, and bicycles. It even extends to operators of boats and planes. If you’ve been injured in a DUI accident, consulting with lawyers knowledgeable about California’s DUI laws can be helpful. While you can discuss the specifics of your case with your legal team, here’s a breakdown of some key factors related to driving under the influence.
What Drugs Can Lead To A DUI Charge?
There’s no distinction between illegal and legal drugs when it comes to driving under the influence (DUI). Any substance that impairs your ability to drive safely can result in a DUI charge.
For example, even if marijuana is legal in California, it should still not be consumed before or while driving. Even over-the-counter and prescription medications can dangerously impair one’s driving skills. Some examples are:
- Pain killers
- Sleep aids
- Anti-depressants and anti-anxiety medications
- Muscle relaxants
- Allergy medications
- Sedatives and stimulants
These drugs can have lasting effects, sometimes up to 24 hours. If you take any of these medications, it’s important to avoid driving until you know they won’t impair your ability to operate a vehicle safely.
Our DUI accident victim attorneys can assist with cases involving drivers who try to argue that they were using prescribed medication. However, having a prescription from the doctor doesn’t mean it’s safe to drive while taking the medication. If someone took medication with a known potent side effect prior to driving and was involved in a traffic accident, they might be held liable for the damages and injuries they caused.
What Is Blood Alcohol Concentration?
Blood Alcohol Concentration (BAC) refers to the amount of alcohol in a person’s bloodstream. Authorities use a breathalyzer to determine an individual’s BAC level.
California has different legal BAC limits depending on the driver’s license:
- 0.08% for licensed drivers over 21 years old.
- 0.04% for commercially licensed drivers (e.g., truck drivers, bus drivers, and drivers for ridesharing services like Uber or Lyft).
- 0.00% (zero tolerance) for drivers under 21 years old.
Even if the driver’s BAC level is within the permissible limit, they still stand a chance of being arrested for DUI if they display some signs of impairment. Similarly, a driver can be arrested for DUI even without any signs of impairment if their BAC is at or beyond the legal limit.
Our Kern County DUI accident victim attorneys can help obtain records of the at-fault’s BAC levels when the incident happened. This evidence can help establish the other driver’s negligence in your case.
What Are The Penalties For Driving Under The Influence?
Most DUI offenders face a misdemeanor charge, punishable by fines and other penalties, such as:
- Up to $1,000 in fines
- Driver’s license suspension
- Possible jail time
- DUI probation
- Substance abuse education program
If the person commits four or more DUI offenses in ten years or if they cause bodily harm to someone else in a DUI incident, the charge becomes a felony.
Our DUI lawyers can provide accident victims with more in-depth information about the laws in Kern County. We can also guide them on how to proceed with filing a claim.
DUI-Related Injuries We Can Help You With
DUI accident victims may sustain minor injuries such as lacerations and contusions. However, they could also sustain life-threatening injuries. Some examples are:
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries
- Neck Injuries
- Back Injuries
- Paralysis
- Broken Bones
- Burns
These injuries require significant treatment and resources. It’s common for victims to face financial hardship, including bankruptcy or debt, just to receive the proper care they need.
Our DUI accident victim lawyers can also help families who have lost a loved one. We can assist them in navigating the process of filing a wrongful death claim for their financial and emotional losses. Additionally, our legal team can advocate for clients suffering from mental health conditions like PTSD, panic disorder, adjustment disorder, anxiety, and depression due to related incidents.
Who Is Liable In A DUI Accident?
The Establishment That Served Alcohol To The Driver
In California, there is a “dram shop liability law.” This law generally protects establishments like liquor stores, bars, and restaurants from being held partially accountable in drunk driving cases.
However, they could still be liable if our DUI attorneys can prove that they served alcoholic drinks to an intoxicated or underaged individual (under 21 years old) who later injured or killed someone in a drunk driving accident.
The Parents Or Guardians
Likewise, parents, guardians, or other adults could be held accountable for giving a teen driver alcohol or drugs. They could also be held negligent in other ways, such as allowing their intoxicated child to drive or failing to take steps to prevent them from driving.
Consult our Kern County DUI accident victim lawyers to help identify parties at fault and pursue accountability. Identifying the parties liable for your injuries also helps determine the parties to include in the claim.
The Employer
If a drunk commercial driver causes a big rig accident, their employer may also be held liable. If the truck company failed to conduct proper background checks or hired a driver with a known history of DUI offenses or substance abuse, they could be held liable for negligent hiring. Furthermore, if the company failed to enforce federal and state regulations regarding drug and alcohol testing, they could be held responsible for their drivers’ DUI accidents.
How Can I Establish Negligence In A DUI Accident Case?
In a DUI accident case, our attorneys must identify and establish four key points to show the at-fault party’s negligence.
- Duty of Care — All drivers are legally obligated to operate their vehicles safely on the road.
- Breach — The driver breached this duty by driving under the influence.
- Causation — The driver’s intoxication directly caused the accident and your resulting harm.
- Damages — You sustained injuries and other losses due to the accident.
While the concept may seem straightforward, proving all four elements of negligence can be challenging. The opposing party may dispute responsibility or question the evidence presented. If even one element is not sufficiently proven, it can weaken or invalidate your claim.
Having experienced legal representation during this phase of your case can help address these issues. Our Kern County DUI accident victim attorneys can help you collect evidence to support your claim. These could include police incident reports, medical records, eyewitness testimonies, medical and economic experts’ opinions, photos of your injuries, CCTV footage, dashcam videos, the at-fault party’s past driving and police records, and alcohol rehab records, if there are any, and more.
What Damages Can DUI Victims Claim?
If you’re injured in a DUI car accident, you may be able to seek compensation for economic and non-economic damages.
Economic damages encompass everything related to your injury or accident that has a clearly defined monetary value. They include medical bills (such as hospitalization, therapy, lab fees, and medications), medical equipment (like beds, wheelchairs, crutches, braces, or boots), lost wages (missed salary or loss of income), car repair costs, and any other relevant expenses.
Meanwhile, non-economic damages are intangible losses related to your injury or accident. These include pain and suffering, anxiety, depression, mental anguish, phobias, loss of companionship (spouse), loss of enjoyment in activities, missing limbs or disfigurement, embarrassment, and others.
Non-economic damages may be difficult to quantify and prove. Nonetheless, our DUI accident victim attorneys in Kern County use certain methods to determine monetary value, such as per diem. We will also work with medical and economic professionals to help estimate your losses.
In certain circumstances, additional damages may be available. You can discuss the details of your case with one of our attorneys.
Do I Need DUI Accident Victim Lawyers For My Case?
No law requires accident victims to seek assistance from Kern County DUI attorneys when filing a claim. However, your lawyer can guide you through the process and explain the technical aspects that could assist you in pursuing compensation for your losses.
If you’re asking, “Do I need a personal injury lawyer?” The answer depends on your circumstances. Here are some reasons why you may need one:
Insurance Companies May Try To Dispute The Claim
After an accident, you may have to file a claim with an insurer. The process may involve thorough investigations in order to verify your claim.
Our Kern County DUI accident victim attorneys can gather crucial evidence and handle negotiations with the at-fault party. We can help you navigate communications to avoid disclosing sensitive information. In addition, our lawyers can still provide updates regarding any developments in your case.
The Comparative Negligence Law In California Is Complicated
California follows a pure comparative negligence law. This means that in an accident, authorities and insurance adjusters can investigate all parties involved to assess their degree of fault. Under this law, the negligent party and other individuals could be held liable for a portion of the damages. This includes the victims themselves, who may share some of the blame.
For example, a driver exiting a parallel parking spot in a no-parking zone got rear-ended by a drunk driver and sustained a minor neck injury. Though the drunk driver caused the collision, the injured driver might be found 40% at fault for being parked illegally.
If you want to know how this law applies to your case, consult our experienced lawyers for DUI accident victims. We will advocate for a fair assessment of liability.
There Is A Deadline In Filing For A Claim Or Lawsuit
Some victims, especially those who are severely injured, may delay filing a claim due to their current circumstances. However, they risk losing their right to pursue compensation. According to California’s statute of limitations, injured victims generally have two years to file a personal injury lawsuit.
Two years may sound like plenty of time to file a claim, but the process may take longer than expected. Gathering records, evidence, and witness statements requires careful preparation to support your case.
Our Kern County DUI accident victim attorneys can gather evidence and assist with filing your personal injury claim within the allowed timeframe. We will also review any exceptions and extensions that may apply to your case.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
Dos And Don’ts After A DUI Accident
Our Kern County DUI accident victim attorneys have compiled tips on protecting yourself and your rights when another driver causes an accident.
Below are some important actions to consider following a DUI-related accident.
- Check yourself for any injuries or open wounds.
- Go to a safer place, away from passing cars, preferably by the roadside.
- Call 911 for police and medical assistance.
- Document the scene by taking photos or videos of your injuries and the accident.
- Exchange information with the other driver, including name, address, phone number, and insurance details.
- Look for any eyewitnesses. Ask for their contact information and if they’d be willing to provide a statement.
- Go to a doctor for further medical checkups.
- Consult Kern County DUI attorneys for accident victims to ask for assistance on how to proceed with your claim.
The following are common mistakes to avoid in the aftermath of a DUI-related crash:
- Do not admit fault. Apologizing to anyone may imply that you have done something wrong.
- Do not leave the accident scene. This can be a felony. Stay and wait for the police to finish the investigation.
- Avoid speaking with insurance adjusters without a lawyer.
- Avoid posting on social media, especially during celebrations. These posts may imply something else about your injuries.
Frequently Asked Questions
Is DUI A Felony In California?
In California, a DUI is typically charged as a misdemeanor. However, it becomes a felony offense if:
- The individual has had four DUIs within ten years.
- The DUI involved:
- A minor is in the vehicle.
- An accident resulting in injury, death, or property damage.
Hostile behavior towards officers may not automatically elevate a DUI to a felony, but it could be considered an aggravating factor during sentencing.
Penalties For Felony DUI In California
A felony DUI conviction in California can result in:
- Up to $5,000 in fines
- Up to three years in state prison
Can You Sue A Drunk Driver In Kern County?
Yes, you can sue a drunk driver in Kern County for physical injuries and property damage. To support your claim, you will need to provide the police incident report. This document can contain crucial information, such as the at-fault party’s blood alcohol concentration (BAC) level, which can help prove their impairment at the time of the accident.
If you find it hard to obtain a police incident report due to your current situation or unfamiliarity with the precincts in Kern County, our DUI accident victim attorneys can help you secure a copy.
How Much Does It Cost To Hire DUI Accident Victim Attorneys In Kern County?
DUI lawyers in Kern County for accident victims can charge their clients depending on their years of experience and the number of cases they have handled. However, most personal injury lawyers, including Arash Law, offer assistance on a contingency fee basis. In other words, clients are not required to pay attorney’s fees unless a settlement for the case is reached. However, some case-related expenses may still apply.
What Is The Difference Between DUI And DWI In California?
In California, “driving under the influence” (DUI) and “driving while impaired” (DWI) can be used interchangeably. They mean the same thing, which is when a drunk or drugged driver operates a vehicle. However, DUI is often associated with drunk driving in the Golden State.
There are different ways to get a DUI case in California, such as the following:
- Per Se DUI — The driver’s blood alcohol content (BAC) is above the legal limit, regardless of whether they show any signs of impairment.
- Driving Under the Influence of Drugs (DUID) — The driver operates a vehicle after taking legal or illegal drugs.
Speak With Our Dedicated Kern County DUI Accident Victim Attorneys
If you’re injured and thinking, “I need a DUI lawyer near me,” reach out to our team at Arash Law. Our California DUI lawyers are dedicated to helping accident victims injured by negligent and irresponsible drivers seek compensation.
Call us at (888) 488-1391 to discuss your case with our Kern County DUI accident victim attorneys.
Our lawyers are available to assist DUI accident victims in Kern County, including communities such as Bakersfield, Lancaster, Delano, Oildale, East Niles, Wasco, Ridgecrest, Shafter, Rosamond, Arvin, Rosedale, and California City.
