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.
Our Dedicated Kern County DUI Accident Victim Attorneys Will Help You Get What You’re Owed
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 recover compensation for your medical bills and lost wages.
The craft beer industry is one of Kern County’s economic pillars, bringing millions of dollars in annual revenue and employing hundreds of locals. As of writing, there are at least six brewing companies in the county, including the world-famous 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, headed by Arash Khorsandi, Esq., help DUI accident victims in Kern County and the rest of California get maximum compensation. We have assisted thousands of clients and won them over $500 Million in settlements and awards.
How Do I Know If I Need An Attorney?
You might be considering whether you need a lawyer for your DUI accident case. If you sustained injuries, hiring an attorney might be your best option. 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 a fair settlement, negotiating with insurance companies, and, if it comes to it, representing you in court, call our Kern County DUI accident victim attorneys at (888) 488-1391 right away.
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 personal injury law firm has a client-centered approach, which prioritizes our clients’ overall well-being while helping them obtain a favorable outcome. Here are some ways our DUI lawyers in Kern County can help with your case:
We Work On Your Case While You Recover
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 are time-consuming and stressful, which can aggravate your injury if you try to complete them yourself. Collecting evidence, for instance, can take months to a year. Preparing paperwork and attending court hearings are also tedious tasks.
Given all of these, you will need a reliable law firm to do all the groundwork so you can focus on getting better and returning to your normal life.
You can entrust all the paperwork and legal tasks to our DUI accident victim attorneys in Kern County. To build a strong case for you and more, 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 work with top-notch medical experts in the country, specializing in different medical fields. They will check your condition and identify other injuries that may put your health at risk. One of our priorities is to ensure you receive the medical treatment you need to return to a healthy and happy life.
We Will Help You Get Maximum Compensation
Our attorneys pursue the highest possible compensation for our clients in every case. We achieve this by meticulously studying all evidence and identifying other potentially liable parties. Our team will also consult with medical, financial, and other experts to ensure all damages related to your injury, both quantifiable and non-quantifiable, are valued accurately.
As your legal team, we will assist you in obtaining reimbursement for your hospital bills, lost wages, and other relevant out-of-pocket expenses. You can count on our Kern County DUI accident victim lawyers to make sure no penny is left unaccounted for.
We Provide Support In Every Step
Here are the other reasons why our DUI attorneys for accident victims in Kern County are more than qualified to assist you in your personal injury case:
- 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 reach our Kern County office, our car accident lawyers will come to your location — anytime, anywhere.
- Contingency Fee — You won’t pay a dime unless we win your case. We work on a contingency fee basis, taking an agreed-upon percentage from the compensation we secure for you.
- Other Acts of Service — While we handle your vehicle repairs or replacement, we can also offer complimentary transportation assistance.
If you would like to learn more about how our accident attorneys in Kern County can assist you, contact us today. We offer a free initial consultation with our DUI accident victim attorneys.
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 negatively affect one’s driving abilities. For example, sleeping pills cause drowsiness that impairs driving performance, potentially leading to 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. The California Office of Traffic Safety (OTS) reported that there were 869 fatalities and injuries because of alcohol-related car accidents in California in 2021. Meanwhile, the authorities also reported 751 deaths caused by drugged driving in the same year.
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. Some drivers become too aggressive, tailgating other vehicles and changing lanes recklessly.
These side effects and behaviors can contribute to accidents. If you are a DUI accident victim, our Kern County DUI attorneys will protect your rights. You are entitled to compensation for your damages and losses.
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 is crucial. 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 have seen some cases wherein the drugged driver tried to argue that they had a prescription. However, having a prescription from the doctor doesn’t mean it’s safe to drive while taking the medication. If someone took a 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 will also guide them on how to proceed with filing a claim.
DUI-Related Injuries We Can Help You With
DUI accident victims typically 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 have also assisted families who have lost a loved one. We helped them file a wrongful death claim for their financial and emotional losses. Additionally, our legal team has successfully recovered damages for clients suffering from mental health conditions like PTSD, panic disorder, adjustment disorder, anxiety, and depression.
If you are injured in a DUI crash, you might be entitled to compensation, no matter how mild, moderate, or severe the injury is. If your accident-related injury is not on the list above, you can still file a claim. Reach out to our DUI accident victim attorneys in Kern County to talk more about damages and how we can help you recover maximum compensation.
Who Is Liable In A DUI Accident?
In general, the intoxicated driver who caused the accident will be responsible for the resulting injuries and damages. However, other parties could also be held liable if they contributed to the incident. During an investigation, our DUI accident victim attorneys may find fault with the following parties:
The Establishment That Served Alcohol To The Driver
In California, there is a “dram shop liability law.” According to Section 1714 of the California Civil Code:
…the furnishing of alcoholic beverages is not the proximate cause of injuries resulting from intoxication, but rather the consumption of alcoholic beverages is the proximate cause of injuries inflicted upon another by an intoxicated person.
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 underage 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 ensure all parties at fault are held responsible for their actions. Identifying the right parties liable for your injuries can also help us determine the correct amount of compensation.
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 driver’s DUI accidents.
How Can I Prove Negligence In A DUI Accident Case?
In a DUI accident case, our attorneys must identify and establish four key points to prove 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 it seems simple enough, establishing all four elements is tricky. The other party will try everything to dispute their negligence. If your side can’t prove even one element, your claim will become invalid.
Having an expert legal team during this phase of your case is critical. Our DUI accident victim attorneys in Kern County will help you collect strong and compelling evidence to support your claim. These proofs would 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 entitled to receive compensation for economic and non-economic damages.
Economic damages encompass everything related to your injury or accident that has a clearly defined monetary value. This includes medical bills (hospitalization, therapy, lab fees, medications), medical equipment (bed, wheelchair, crutches, braces, boots), lost wages (missed salary, 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 experts to determine an accurate amount for your losses.
Courts may also award punitive damages. These are sanctions that judges impose on defendants to prevent them from committing the same mistake or harming other individuals in the future.
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, having legal representation is a major advantage. Your lawyer can guide you through the process and explain the technical aspects that could potentially jeopardize your claim.
If you’re asking, “Do I need a personal injury lawyer?” You’re in the right place. Here are the reasons why you need one:
Insurance Companies Will Try To Lower Your Compensation
After an accident, you will receive constant calls from the other party’s insurance provider in an attempt to settle your claim. Be cautious, however. While they might seem concerned and friendly, their goal is to gather information that could weaken or invalidate your case. They may look for opportunities to shift blame to you.
There are also cases where individuals tried to file their personal injury claims and received much less than they deserved. Some didn’t receive any compensation at all because at-fault insurers claimed they were at fault and, therefore, not eligible for compensation.
One of the roles of our Kern County DUI accident victim attorneys is to take over communications and negotiations with the at-fault party. We can help prevent you from disclosing sensitive information that could threaten your compensation and protect you from insurance companies’ tactics. However, we’ll still make sure that you’re in the loop 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.
Comparative negligence also affects the total compensation amount. In the example above, if the victim’s damages total $200,000, their partial fault would reduce their compensation by 40%. Therefore, they would only receive 60% of the damages, or $120,000.
If you want to know how this law applies to your case, consult our Kern County lawyers for DUI accident victims. We will help protect your claim from the other parties, who might try to increase your percentage of liability.
There Is A Deadline In Filing For A Claim Or Lawsuit
Some victims, especially those who are severely injured, tend to delay the filing due to their current circumstances. However, they risk losing their right to compensation. According to California’s statute of limitations, claimants only have two years to file a personal injury claim or a lawsuit.
Two years may seem like enough time to file a claim. It is not always enough, as there is plenty of necessary evidence to collect and support your compensation. Without them, it won’t be easy to win a case.
You can trust our DUI accident victim attorneys in Kern County to gather all the evidence and file your personal injury claim well within the allowed timeframe. We will also identify 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.
Starting with the to-do’s:
- 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 to ensure you are safe.
- Call our Kern County DUI attorneys for accident victims to ask for assistance on how to proceed with your claim.
Now, with the things that you should not do:
- 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, as they could exploit your vulnerability.
- Avoid posting on social media, especially during celebrations. Insurers may use these posts to claim you’re healthy and don’t need compensation.
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 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 strengthen 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 secure a copy for you.
How Much Does It Cost To Hire DUI Accident Victim Attorneys In Kern County?
DUI lawyers in Kern County for accident victims can charge between $100 and $1,000 per hour, depending on their years of experience and the number of cases they have handled. However, most personal injury lawyers, including us, offer assistance on a contingency fee basis. This means you won’t pay any fees upfront for our DUI accident victim attorneys to handle your case.
This no-win, no-fee payment agreement will give you the confidence to pursue your case without worrying about paying the attorney fees.
What Is The Difference Between DUI And DWI In California?
In California, “driving under the influencer” (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.
If you are a DUI accident victim, our Kern County attorneys will help you navigate the complex legal system and ensure you get compensated for your damages and losses.
Choose The Dedicated DUI Accident Victim Attorneys Kern County Turns To For Justice!
If you’re injured and thinking, “I need a DUI lawyer near me,” Arash Law is the best choice. We take your case seriously. Our Kern County DUI lawyers are committed to obtaining compensation for accident victims injured by negligent and irresponsible drivers. While we cannot undo an accident or bring a loved one back to life, we can help you seek justice and compensation.
Call us now at (888) 488-1391 to speak with our Kern County DUI accident victim attorneys. Our legal staff is on standby 24/7.
Our lawyers are available to assist DUI accident victims in Kern County cities such as Bakersfield, Lancaster, Delano, Oildale, East Niles, Wasco, Ridgecrest, Shafter, Rosamond, Arvin, Rosedale, and California City.
