Being involved in a car accident is traumatizing under any circumstance, but when that accident is caused by a drunk driver, the aftermath can be particularly devastating. Beyond the physical injuries, there’s a deep emotional impact that comes with knowing your suffering was completely avoidable. If you or a loved one was injured by someone who made the reckless decision to get behind the wheel while intoxicated, it is vital to hire a Bakersfield drunk driving accident lawyer to hold those responsible accountable for their actions.
At Nadrich Accident Injury Lawyers, we represent victims of drunk driving accidents throughout Bakersfield and Kern County, helping them fight for the justice and fair compensation they deserve. Whether the at-fault driver was arrested for DUI or not, we can help you file a personal injury claim or wrongful death lawsuit to hold them financially responsible. Our accident attorneys are here to listen, guide, and advocate for you every step of the way after a drunk driving accident in Bakersfield.
With over 35 years of experience, we have recovered over $750,000,000 of financial compensation for our clients and we will continue to do our duty and give them the legal representation they need. By having our team of attorneys by your side, you can rest easy knowing that your case is in the right hands. Should you have any questions or concerns regarding your case, our 24/7 legal team is available to address them as soon as possible.
Call us today for a FREE consultation at (661) 371-3588 or fill out our quick online contact form.
Defining Drunk Driving
According to California Vehicle Code Section 23152, it is illegal to operate a motor vehicle while under the influence of any alcoholic beverage. As drunk driving impairs a driver’s ability to react, make decisions, and operate their vehicle safely, the chances of an accident occurring dramatically increases. Even if a driver is below the legal limit, they can still be considered guilty of impaired driving and can be held liable for violating DUI laws. In fact, California law has outlined the following requirements to be considered a drunk driver.
- A blood alcohol concentration (BAC) of 0.08% or higher for adults.
- A BAC of 0.04% or higher for commercial drivers.
- Any detectable alcohol in the system of a driver under the age of 21.
Drunk Driving Statistics
Drunk driving remains one of the deadliest and most persistent dangers on our roads. Both national and local statistics paint a disturbing picture regarding the matter.
- According to the NHTSA, nearly 13,000 people were killed in alcohol-impaired crashes in the U.S. in a recent year which equals roughly one fatality every 39 minutes.
- In California, the Office of Traffic Safety (OTS) reports that nearly 30% of all traffic fatalities involve a driver with a BAC over 0.08%.
- According to a recent study, Bakersfield also consistently ranks among California’s most dangerous cities for DUI-related crashes, with high rates of DUI arrests and alcohol-involved traffic deaths – something we have confirmed ourselves in our ranking for most dangerous cities for DUI in California.
These accidents are not mistakes, they are preventable crimes and when someone chooses to drive drunk, they put every other person on the road at serious risk. Regardless if you suffered minor injuries or life altering ones, if you have been involved in a drunk driving accident due to someone else’s negligence, having a Bakersfield car accident attorney to represent your case can get you on the path of recovery faster.
Common Injuries in Drunk Driving Accident
DUI-related crashes tend to be more violent and high-speed which often results in injuries ranging from the mild to the catastrophic. While every case is going to be different, it is recommended to have an understanding of the most common injuries that are found in a drunk driving accident.
Brain Injuries
Traumatic brain injuries (TBIs) are defined as injuries to the brain as a result of violent strikes or piercing objects. Conditions such as concussions, contusions, or skull fractures are frequently seen in DUI crashes and depending on the severity of the injury, accident victims may suffer from memory loss, cognitive impairments, personality changes, or long-term neurological damage. In addition, the associated medical expenses to treat a TBI are naturally high and it is recommended to hire a Bakersfield car accident lawyer to get those bills covered.
Internal Injuries
Internal injuries are when there is damage to the organs within the body and they are often caused by blunt-force trauma from high-speed impacts. In auto accident cases with an impaired driver, the chances of suffering an internal injury can be very likely if there are no visible injuries. Injuries such as internal bleeding, organ rupture, or damage to the liver, kidneys, or lungs are life-threatening and often require emergency surgery and hospitalization.
Spinal Cord Injuries
One of the most serious injuries a person could get in a drunk driving accident, a spinal cord injury is referred to as any damage to the spine or to the bundle of nerves within. Due to the spine’s limited ability to absorb impact, a drunk driving crash can cause the spine to twist or compress, leading to herniated discs, fractured vertebrae, or even full or partial paralysis. As a result, spinal cord injuries often require long-term rehabilitation and can drastically reduce the victim’s quality of life.
Lacerations
Lacerations are defined as cuts in the skin and in car crashes, things like broken glass, twisted metal, and flying debris often result in deep cuts and puncture wounds. In severe cases, these lacerations can cause permanent scarring, infection, or nerve damage and in some cases, it may be fatal if left untreated.
Recoverable Damages in Drunk Driving Accidents
If you were injured in a drunk driving accident, you have the right to file a car accident claim and recover compensation from the at-fault party. Depending on the severity and complexity of the accident scene, recoverable damages will vary, but from what is commonly seen from Bakersfield drunk driving accident cases, these are the most common damages offered to cover any financial losses and personal discomfort.
Lost Wages
Lost wages are defined as income that a victim has lost due to the accident in question. This includes things like hourly wages, tips, commissions, bonuses and any other forms of compensation. The total value a person can financially recover will depend on how much time they have missed from work as a result of their injuries.
Medical Expenses
Medical bills are referred to as any out-of-pocket expenses accident victims had to pay as a result of the motor vehicle accident. This is designed to reimburse victims for any hospital bills, surgeries, medication, medical treatment, physical therapy, and even psychological counseling. Much like lost wages, the affected party can recover a specific monetary value depending on the severity of their injuries.
Loss of Earning Capacity
If you have sustained severe or even life altering injuries such as partial or total paralysis, you may be able to get compensation for a loss of earning capacity. This type of damage is designed to help those who cannot work to the same ability as they have before suffering severe injuries. As such, loss of earning capacity will calculate long-term career impact and what kind of skills were impacted.
Punitive Damages
Punitive damages are a rare form of damages that is intended to punish the at-fault party for extreme negligence and/or recklessness. This type of damages may be awarded in drunk driving cases should it cause a variety of medical and property damage. In addition, the courts may award punitive damages to serve as a deterrence for other drivers who may engage in drunk driving.
Pain and Suffering
One of the most common types of non-economic damages, pain and suffering, covers things like physical pain, emotional distress, loss of enjoyment of life, and loss of companionship if a loved one was killed. Due to the subjective nature of non-economic damages, the value of pain and suffering will widely vary on a case by case basis.
FAQs
How Long Does It Take to Sue a Drunk Driver?
The length of time to sue a drunk driver will depend on the nature, severity, and complexity of the case. It can vary anywhere from a few months to a year or two, however, in California, the statute of limitations for personal injury claims is two years from the date of the accident. With that in mind, it is important to file a claim with a Bakersfield drunk driving accident lawyer as soon as possible.
What Are the Lawyer Fees for a Car Accident?
Most personal injury attorneys operate on a contingency fee basis, which means you won’t owe any upfront legal fees unless we win your case. Should a lawyer win or achieve a settlement offer for your case, you would need to pay a flat fee that can range anywhere between 25%-40%, but this fee can be negotiated before an attorney takes on your case.
Does Insurance Pay for Drunk Driving Accidents?
The drunk driver’s insurance company is typically responsible for covering damages. However, insurers may try to downplay your injuries or shift blame in order to pay less. If the driver was uninsured or underinsured, you may still recover damages through your own uninsured motorist coverage or by suing the driver directly.
Is Drunk Driving Considered Negligence?
Drunk driving is definitely considered to be an act of negligence in accordance with California laws. If you have been hit by a drunk driver, they can be held liable for damages and it is vital to hire a Bakersfield drunk driving accident lawyer to fight for you.
Nadrich Accident Injury Lawyers is Here to Help
If you or a loved one has suffered an injury in a DUI accident due the negligence or recklessness of another party, you may be able to file a claim and recover compensation for your injuries. At Nadrich Accident Injury Lawyers, our team of car accident lawyers understand how devastating drunk driving accidents can be and are committed to help you get the justice you deserve.
With over 35 years of experience representing clients from all walks of life, our experienced car accident attorneys have a proven track record of securing just compensation for car accident victims and getting them on the path of recovery. As a result of our hard work and dedication, we have recovered over $750,000,000 of financial compensation and we will continue to do our duty to watch out for our clients best interest.
We operate on a contingency fee basis, meaning you do not pay us until you win! Call us today for a FREE consultation at (661) 371-3588 or fill out our quick online contact form.
