What to Do After Being Hit by a Drunk Driver in Bakersfield

July 8, 2025 | Article by Chain | Cohn | Clark staff

What to Do After Being Hit by a Drunk Driver in Bakersfield

Being hit by a drunk driver is one of the most traumatic and frustrating experiences a person can endure. In addition to the pain and stress of physical injuries, there’s often a deep sense of injustice knowing the other driver made a reckless, preventable choice.

If you or a loved one has been hit by a drunk driver in Bakersfield, it’s important to act quickly and decisively to protect your health, your legal rights, and your financial future.

What to Do After a DUI Crash in California

Step 1: Get Medical Attention Immediately

Your health and safety come first. Even if you feel fine or your injuries seem minor, seek medical attention immediately. Some injuries, like internal bleeding or concussions, may not present symptoms right away.

Prompt medical documentation also serves as vital evidence for your personal injury claim. Many insurance companies attempt to minimize payouts by arguing that injuries were exaggerated or unrelated to the crash. Getting treated right away helps shut down this argument.

Step 2: Call Law Enforcement

Always call 911 and report the accident to the police. When responding officers arrive at the scene, be clear and honest about what happened. If you suspect the other driver is intoxicated due to slurred speech, erratic behavior, or the smell of alcohol, inform the officers immediately.

Police will conduct a sobriety test and may arrest the other driver on the spot if they are over the legal limit. This results in an official police report and DUI (driving under the influence) arrest, which are powerful pieces of evidence for your civil case.

Step 3: Gather Evidence (If You’re Able)

If it’s safe to do so, collect as much information as you can from the scene. If you’re too injured to collect evidence yourself, try to ask someone else at the scene to help.

This early documentation can be critical later in proving liability and the full scope of your losses. This includes contact details for any witnesses, photos of the crash scene, skid marks, damaged vehicles, and road conditions, as well as contact and insurance information for the at-fault driver, along with a copy of the police report number.

Step 4: Don’t Talk to the Insurance Company Alone

The at-fault driver’s insurer may contact you soon after the crash. Their goal is to limit financial exposure, so they might offer a lowball settlement or ask for a recorded statement that could be used against you later.

It’s best not to communicate directly with the other driver’s insurer. Instead, consult a personal injury attorney before signing anything or giving statements.

Step 5: Speak With a Personal Injury Attorney

Drunk driving accident claims are complex and emotionally charged. A skilled Bakersfield personal injury lawyer can help you:

  • Investigate the accident and preserve evidence.
  • Prove the other driver’s intoxication and negligence.
  • Calculate the full value of your damages.
  • Handle communications and negotiations with insurers.
  • Pursue a lawsuit if the insurance company won’t offer fair compensation.

How California Law Treats DUI Accidents

In California, it’s illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or more. Drunk drivers who cause crashes can face both criminal charges (from the state) and civil liability (from injured victims).

Even if the at-fault driver is convicted in criminal court, that doesn’t automatically result in compensation for you. You must still file a separate personal injury claim or lawsuit to recover damages.

Fortunately, a criminal conviction—or even an arrest with clear evidence of intoxication—can strengthen your civil case significantly. Since it is already assumed that the drunk driver was at fault, the legal process in your case centers on the value of your settlement rather than proving liability.

Compensation for DUI Crash Victims

A California drunk driving injury claim could result in significant compensation to cover your:

  • Medical expenses, including past, present, and future treatment, surgeries, medications, and rehabilitation.
  • Lost wages, including time missed from work due to injury or recovery, and lost earning capacity if your injuries influence your future ability to work.
  • Pain and suffering, including physical pain, emotional distress, and diminished quality of life.
  • Property damage costs to repair or replace your vehicle.
  • Punitive damages for gross negligence (courts may award extra damages to punish the wrongdoer in drunk driving cases).

Each case is different, and the value of your claim depends on your injuries, the extent of your losses, and the strength of the evidence.

Talk to Our Bakersfield Personal Injury Attorneys

Getting hit by a drunk driver in Bakersfield is a life-changing event, but you don’t have to face it alone. Hiring a dedicated personal injury attorney gives you the time, space, and energy to focus on healing while someone fights for your rights.

Contact Chain | Cohn | Clark for a no-obligation, free case review today.