Injured by a drunk driver in Bakersfield, CA? Contact the top Bakersfield drunk driving accident lawyer to seek justice and compensation.
A drunk driver made a choice. You are the one paying for it, in emergency room bills, missed paychecks, a car that will not start, and a body that does not move the way it did last week. That imbalance is what a civil injury claim exists to correct, and the insurance company on the other side of your claim is counting on you not knowing how to close the gap.
At Kuzyk Personal Injury & Car Accident Lawyers, our auto accident attorneys specializing in drunk driving accident claims represent people hit by impaired drivers in Bakersfield, CA, including those that occur on Highway 99, Rosedale Highway, Stockdale, and the surface streets in between. We know the Bakersfield Police DUI unit’s reporting practices, the CHP protocols for chemical testing, and the adjusters at the major carriers who handle Kern County claims. Every case we take, we prepare for trial, not as a threat, but as a standard, which is why insurers who open at $10,000 close at six figures.
Contact us today for a free consultation and discover how our drunk driving accident attorneys in Bakersfield can help you seek the compensation and justice you deserve.
Why Hire a Bakersfield Drunk Driving Accident Lawyer?
A drunk driving crash creates two simultaneous legal cases. The state files criminal charges against the driver. We file a civil injury claim on your behalf , to pursue full compensation for your injuries, your financial losses, and everything this crash has disrupted in your life.
Winning matters. But what you keep matters more.
Our focus is your net recovery , the money that actually reaches you after medical liens, attorney fees, and costs are accounted for. Call Kuzyk Personal Injury & Car Accident Lawyers at (661) 945-6969, 24 hours a day. Your consultation is free, and you pay nothing unless we win.
What to Do after a DUI Crash in Bakersfield
The steps you take in the hours and days following a drunk driving accident directly shape the value of your claim. Acting quickly and carefully protects your health and your legal position at the same time.
- Call 911 and seek medical care immediately: Request emergency services even if your injuries seem minor , delayed symptoms are common after serious impacts, and a medical record from the scene becomes the foundation of your damages claim.
- Photograph the scene and collect witness information: Document vehicle positions, road and lighting conditions, and any visible injuries. Record the responding officer’s name, badge number, and police report case number before you leave.
- Decline a recorded statement to the at-fault driver’s insurer: You are not legally required to give one. Adjusters use these recordings to find language that minimizes or denies legitimate claims.
- Contact us before responding to any settlement offer: A quick offer made before your treatment is complete is almost always far below what your case is actually worth.
Who Pays after a Drunk Driving Accident in Bakersfield?
The drunk driver’s liability policy is the starting point , but it is rarely the only source of compensation we pursue.
- Drunk driver’s liability insurance: We pursue the full available policy limits from the moment we send our first demand.
- Your UM/UIM coverage: Uninsured/Underinsured Motorist coverage steps in when the at-fault driver has no policy or a policy too small to cover your losses.
- Employer liability: If the driver was performing a work task at the time of the crash (a delivery, a client visit, a company errand), their employer may be a responsible party as well.
- Dram shop liability: California allows claims against businesses that knowingly served alcohol to a visibly intoxicated minor who then caused an accident.
- Med-Pay coverage: Your own Medical Payments coverage can pay early medical expenses immediately, regardless of who caused the crash.
One pattern we consistently see in Bakersfield DUI claims is that the at-fault driver’s own liability policy is only the first source we find, not the last. Employer liability, dram shop claims against the bar that overserved the driver, and our client’s own UM/UIM coverage often add up to far more than the driver’s policy alone ever could.
Does a DUI Conviction Help Your Civil Case?
Yes , and significantly. In California, a DUI conviction establishes what the law calls negligence per se. This doctrine means the driver’s violation of California’s DUI statute automatically satisfies the negligence element of your civil claim, so we do not relitigate whether the driver was careless.
The fight shifts entirely to damages: the full extent of your injuries, what your recovery will cost, and what this crash has permanently changed about your life.Â
Your civil case does not have to wait for the criminal case to conclude. We can file, investigate, and negotiate while criminal proceedings remain open. A DUI arrest also creates a public record (the police report, chemical test results, and officer statements) that we access as civil case evidence from day one.Â
California courts consistently allow civil plaintiffs to use this material, including field sobriety test results and any admissions the driver made at the scene.
Are Punitive Damages Available in a California DUI Injury Case?
Unlike the compensation designed to cover your actual losses, punitive damages exist to hold the drunk driver accountable for a deliberate choice to endanger others. California Civil Code § 3294 authorizes them in DUI cases for exactly that reason.
In practice, punitive exposure changes the insurer’s calculation. When a jury could award damages beyond the policy limit, insurance companies face financial pressure that pushes settlements far above their initial offers. A jury that sees the driver’s blood alcohol level, their decision to get behind the wheel, and the harm done to you often responds accordingly. We build toward that potential from the moment we take your case.
How We Build the Evidence in Your DUI Injury Case
We treat every case as if a trial date is already scheduled. This posture (disciplined investigation, documented evidence, retained experts) is what consistently forces insurers to abandon inadequate first offers.
Our investigation in a Bakersfield DUI injury case typically covers:
- Police reports, body-cam footage, and patrol vehicle dash-cam recordings from the night of the crash
- BAC test results and compliance records under California Title 17, the regulation governing how chemical sobriety tests must be administered and stored.
- Bar receipts, credit card statements, and security camera footage tracing where and how much the driver drank before the crash
- Expert accident reconstruction analysis and professionally documented scene photographs
- Witness statements and sworn depositions
- Medical records and specialist opinions on the projected cost of your long-term treatment
A tactic we see repeatedly in Highway 99 DUI crash reports is a field sobriety narrative that reads thinner than the actual chemical test results filed days later. Pulling the full Title 17 compliance file on how the blood or breath sample was handled is often what closes that gap.
What Compensation Can You Recover after a DUI Crash?
Damage Type | What It Covers |
Economic | Medical bills, future treatment costs, lost wages, reduced earning capacity, vehicle damage |
Non-Economic | Physical pain, emotional distress, loss of enjoyment of life |
Punitive | Additional amount to punish the drunk driver for reckless conduct |
Wrongful Death | Funeral costs, lost financial support, loss of the decedent’s companionship |
Non-economic damages (pain, suffering, and emotional harm) often account for the largest portion of a fully compensated claim. They are also the category insurers work hardest to dismiss as subjective and unmeasurable. We build documentation that establishes these losses in concrete terms from the start of your case.
What Happens When the Drunk Driver Has No Insurance?
We file a claim under your own Uninsured/Underinsured Motorist coverage , the protection you purchased specifically for situations where the at-fault driver cannot cover your losses. What surprises many clients is what happens next: their own insurance company disputes the claim just as aggressively and works to pay as little as possible.
We handle UM/UIM claims with the same preparation and precision we bring against any opposing party. California law requires insurers to investigate and respond to UM/UIM claims in good faith , when they fail to do so, they can be held liable for bad faith, which exposes them to additional financial responsibility beyond the original policy limits. You paid for that coverage. We make sure you collect every dollar of it.
Across the UM/UIM claims we have handled for Kern County clients, the injured person’s own insurance company disputes the claim almost as hard as the at-fault driver’s would have, even though the client paid for that coverage for years without ever expecting to need it.
How Long Does a Bakersfield DUI Injury Case Take?
The timeline for resolving a drunk driving injury case varies widely based on factors such as injury severity, multiple liable parties, and the insurer’s willingness to negotiate. Cases involving permanent injuries, multiple liable parties, or an insurer unwilling to negotiate fairly often take considerably longer.
What many clients do not expect: a meaningful settlement offer rarely appears until we file a lawsuit and the insurer sees that we are prepared to take the case the full distance. Filing suit is not a last resort , it is frequently our most effective tool for moving a case toward a fair resolution.
Filing Deadlines for DUI Injury Claims in California
Under California law, you have two years from the date of the accident to file a personal injury lawsuit. The deadline for property damage claims , such as vehicle repair costs , extends to three years.
If the drunk driver was a government employee operating a public vehicle, the timeline is dramatically shorter. If a government agency is involved, there are typically shorter deadlines to file an initial claim, and missing those deadlines can prevent you from later suing. Call (661) 945-6969 now so we can evaluate your situation before any deadline passes.
How Kuzyk Personal Injury & Car Accident Lawyers Maximizes What You Actually Keep
A settlement figure that looks impressive on paper can shrink significantly before it reaches you. Unreduced medical liens, unexplained attorney fees, and predatory legal-lending interest are the most common ways injured people walk away with far less than they won.
We negotiate directly with every lienholder (hospitals, health insurers, and treatment providers) to reduce what they collect from your recovery before you receive your share. Our fee structure is explained in plain terms during the first call, not the last one. We have never referred a client to a predatory legal lender, and we will not.
For decades, we’ve recovered meaningful compensation for injured clients , not by chasing headline numbers on paper, but by protecting every dollar they ultimately receive.
Our Bakersfield Office Serves Kern County Directly
Our Bakersfield office represents clients throughout Kern County with the same preparation that has defined our practice for over 50 years. Our attorneys know the local court procedures, the Bakersfield Police and CHP DUI enforcement patterns along the Highway 99 and Highway 58 corridors, and the insurance adjusters who regularly handle claims here. We are familiar with the specific intersections and highway stretches in Kern County where DUI crashes most often occur , and that knowledge shapes how we investigate scenes and build claims that hold up in Kern County Superior Court.
We serve clients in both English and Spanish throughout Bakersfield and the surrounding Kern County area.
Drunk Driving Accident FAQ
Do I Need a DUI Conviction to Win My Civil Injury Claim?
No. A civil case uses a lower standard of proof than a criminal trial , more likely than not , so you can recover compensation even if the driver’s criminal charges are reduced or result in an acquittal.
Can I Recover Compensation If I Was Partly at Fault for the Crash?
Yes. California follows pure comparative negligence, meaning your total compensation is reduced proportionally by your share of fault , but you are never completely barred from recovery.
Should I Give a Recorded Statement to the At-Fault Driver’s Insurer?
No. You have no legal obligation to provide one, and doing so gives adjusters language they will use to reduce or deny your claim. Let us handle all insurer communications from the start.
How Are Medical Liens Reduced before My Settlement Is Paid Out?
We negotiate directly with every provider holding a lien on your settlement (hospitals, health plans, and treatment centers) and work to reduce those balances so more of your recovery stays with you.
Can I File a Civil Claim While the Drunk Driver’s Criminal Case Is Still Pending?
Yes. The civil and criminal proceedings are completely separate, and we can file your claim, build your evidence, and negotiate a resolution before the criminal matter concludes.
How Soon Can We Address Vehicle Damage and a Rental Car?
We open the property damage portion of your claim immediately so you are not left without transportation while the injury case is being built.