Bakersfield has a lively nightlife scene, which unfortunately can mean drunk driving car wrecks. These collisions can lead to substantial property damage, serious injury, and death. Anyone who has been hurt in a drunk driving car accident in Bakersfield should contact an experienced car accident attorney today for a free consultation.
Our well-practiced team can help investigate a case to prove liability, take a case to court, or negotiate for a payout with the insurance companies depending on the best course of action for your circumstances. Valero Law Group can be a vital ally as you seek compensation for your injuries and losses. Call us today.
Understanding State Law in Drunk Driving Accidents
The applicable sections of the California Vehicle Code are Sections 23152-3, which categorize drivers with a blood-alcohol concentration (B.A.C.) of 0.08 percent or higher as legally impaired and provide criminal penalties for violating this law. Receiving a citation or conviction for drunk driving would be relevant to a case involving a car accident, as it implies liability.
California follows the pure comparative negligence standard, meaning an injured person can recover damages if they are partially or even primarily at fault for an accident. Opposing counsel and insurance representatives will often try to shift blame to reduce their client’s or company’s overall liability. A Bakersfield lawyer can handle these tactics on behalf of their client who has sustained an injury in a drunk driving car accident and advise on the full range of applicable laws based on the facts of a case.
Proving Liability in Drunk Driving Car Accident Cases
Proving liability is a legal process that requires an injured person to establish the following elements:
- There was a duty of care
- The duty of care was breached
- This breach caused the person’s injuries
- The injured person sustained losses because of this breach
In a drunk driving case, what this means is a driver had a legal obligation to operate their vehicle carefully to avoid causing harm to other motorists and pedestrians on the road in Bakersfield. The driver failed to act responsibly by getting behind the wheel while intoxicated, which caused an accident, injuries, and losses.
A thorough investigation may be necessary to establish liability. This could involve reviewing photo and video evidence, scrutinizing witness statements and the police report, consulting experts and medical records, recreating the accident, and referencing applicable laws. This can be a labor-intensive process, necessitating the experience and specialized knowledge a well-versed lawyer can provide.
Dealing With Insurance Companies After a Wreck
Many cases settle out of court through negotiations with the insurance companies involved. This does not mean a lawyer is unnecessary. Without an attorney, an injured motorist risks accepting a lowball settlement offer that drastically undervalues their case. Additionally, an injured motorist may accidentally make a statement or comment that implies liability and damages their claim.
Insurance representatives are skilled at reducing their companies’ bottom lines. A Bakersfield lawyer can deal with these tactics and ensure that a strong case is made for the maximum possible settlement in a drunk-driving car accident claim. If negotiations do not yield desirable results, our team is not afraid to take matters to court to fight for what is needed.
Call a Bakersfield Drunk Driving Car Accident Attorney for Help Today
Drunk driving car accidents in Bakersfield are terrifying, and the legal process and insurance companies can be challenging to handle on your own. Working with a compassionate lawyer is one step toward being made whole for your injuries.
Contact Valero Law Group today for help with a case. We would be happy to set up a free consultation at your convenience.
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