Let’s Understand Bakersfield Car Accident Laws

If you or someone you know are seeking legal avenues to the injuries suffered in a recent car accident, then you can benefit from getting a rough overview of your situation

Anyone involved in a car accident in Bakersfield can file a lawsuit against an at-fault driver without necessarily being a citizen of California or even the United States. Moreover, guardians of minors affected by a car accident can file a Bakersfield car accident lawsuit on their behalf, demanding compensation they’re entitled to for their recovery. You can ease much of the stress of fighting a car accident lawsuit by soliciting our experienced auto collision attorneys who can leverage their legal expertise to demand maximum compensation for you. We can:

  • Investigate the car accident on your behalf to strengthen your case
  • Collect evidence in the form of visual proof, medical records, and witness statements
  • Build an irrefutable case for your physical and mental distress
  • Negotiate with your insurer to extract the maximum compensation
  • Handle all your legal paperwork while filing your claim within all deadlines.

What Is A Personal Injury Lawsuit for Car Accidents?

You can pursue a personal injury lawsuit if your motor accident happened due to someone else’s negligence–whether a reckless driver, a poor road structure, or even an extension of someone’s private property near the accident that may have contributed to it. With a personal injury lawsuit, you can be entitled to the following compensatory damages:

  • property damages
  • medical expenses
  • disfigurement
  • permanent disability
  • pain and suffering
  • mental anguish
  • lost wages
  • loss of earning potential
  • loss of companionship or affection for your spouse
  • punitive damages from negligent behavior, such as driving while intoxicated or distracted driving

The goal of a personal injury lawsuit is to demand a reasonable amount that justify’s the plaintiff physical, emotional, and property damages sustained.

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When Can You Sue Someone for A Motor Accident?

Several negligent drivers can cause serious road accidents by driving distractedly or drunk. In situations like these, you can contact our Bakersfield car wreck lawyer to evaluate the strengths of your case and determine the exact causes for pursuing it from among:

  • Eating
  • Drinking
  • Talking on the phone
  • Fixing hair and makeup while on the wheel
  • Reading
  • Talking to a passenger
  • Reaching for something
  • Running stop signs and red lights
  • Driving when fatigued
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Learn Why You Should File A Car Accident Lawsuit

If you think that you deserve more than what the insurance company may be offering, then you must consult the legal expertise of our Bakersfield auto accident attorney

Car accident claims generally do not have a set value but fall within a range of potential compensation types. This is when it becomes crucial to depend on your attorney's knowledge of all car accident cases, tabled below:

Claim Type Definition Liable Defendants
Accident Liability Claim Against the Driver
  • One of the most common types of car accident claims
  • You could be a pedestrian during the collision or driving a vehicle yourself.
  • Your car accident attorney will prove how the driver’s negligent actions resulted in an accident
  • Against the driver of the car, truck, or motor vehicle that hit you
  • More than one driver can be held liable in multiple crashes.
  • Drivers who were drowsy, distracted, drunk, or speeding
Uninsured or Underinsured Motorist Accident Liability Claim
  • Applicable to situations where the at-fault party does not have adequate insurance and assets coverage for your claims
  • The California Insurance Code requires an insurer to provide uninsured motorists coverage in each bodily injury liability insurance policy it issues covering liability arising out of the ownership, maintenance, or use of a motor vehicle.
Motorists who caused the accident
Product Liability Claim
  • Applicable for when a car accident results from a defect in the car or any of its components
  • The defect could be in design, manufacturing (while assembling or shipping), or information (when a manufacturer fails to inform a customer of inherent dangers)
  • Multiple plaintiffs can join hands for mass tort litigation or a class action lawsuit.
A car or car part manufacturer
Car Accident Liability Claims Against the Government
  • Applicable when an accident occurs due to the poor condition of a road
  • Under the California Tort Claims Act, the government or a public entity can be held responsible for the negligent acts of its on-duty employees while they are driving a motor vehicle during duty hours.
  • Your attorney should prove that the government knew or should’ve known about the hazard
  • You cannot hold individual government employees liable and cannot sue for punitive damages
The city or county responsible for road building and upkeep
Property Damage Car Accident Liability Claims
  • The other driver's mandatory property damage liability (PDL) insurance coverage will be put into effect to pay for your vehicle’s repair
  • You can ask for reimbursement for a rental car under your PDL claim that you used while yours was away for repair or you were looking to buy a new one
The other driver responsible for the accident

Special Laws Regulating California Roadways

Our car accident lawyer in Bakersfield has unique insights to share for your benefit about the laws governing different motor vehicles on California roadways

If any of these federal and state laws are breached or violated, either through wilful negligence or unknowing carelessness, then someone injured or deceased in a motor vehicle accident has a very good case for suing the commercial truck driver and their company for a personal injury or wrongful death lawsuit. On the other hand, if the injured person was the commercial truck driver adhering to all the laws and regulations listed here, they can sue another driver for causing the accident.

  • The truck’s size and wheel number determine the application of special rules.
  • Large trucks that exceed the limits of California’s Vehicle Code are prohibited from using the state’s roadways.
  • Tractor trailers should meet specific requirements related to headlights, taillights, and the length of the hook connecting the vehicular components.
  • Commercial trucks must pass the federal inspection standard mandates.
  • Commercial truck drivers can operate only for specific hours without resting.
  • Commercial truck drivers must pass stringent tests to obtain their special driving license.

Taxi services are seen as “common carriers,” i.e., a commercial venture that undertakes to transport people for hire; taxis make money out of the passengers, and the passengers solely rely on the taxi company for their own safety. Therefore, the law imposes the greatest duty of care on taxi companies to their passengers. This means that they must take more outstanding care than other drivers of motor vehicles, and the barest form of negligence will be considered actionable. Ultimately, in an accident, a taxicab driver will almost always be held liable for their negligent driving.

  • The California Vehicle Code mandates taxicab drivers to facilitate safe passage in and out of the cab.
  • Taxicab drivers cannot start driving until their passenger is wholly seated and buckled up.
  • Taxicab drivers cannot drop their passengers off in the middle of traffic; instead, they must drop them off at a safe walking space without injury.

Buses are considered common carriers, much like taxicabs, and their drivers are subject to similar special laws regarding duty of care.

  • California law requires bus drivers to maintain special licenses, similar to truck drivers. They need a Commercial Driver’s License with a Passenger endorsement, while school bus drivers must have an “S” endorsement.
  • Bus drivers cannot close or open the bus doors when their passengers are boarding or deboarding the bus.
  • Bus drivers cannot drop off passengers in the middle of traffic but rather in a safe place devoid of the possibility of injury.
  • Suppose automated doors fail to open or close appropriately while passengers board/deboard a bus. In that case, the bus company will be held responsible for negligent maintenance and operation of the bus.
  • In the event of an accident by a negligent bus driver, the bus company will be held responsible for the act.

A motorcycle, by definition, is a motor vehicle, and a motorcyclist is subject to the same general duties as a driver of any other motor vehicle, where footrests for passengers should be provided at the motorcycle’s rear end apart from footrests for the rider.

  • Whether a motorcycle is small or large, any two-wheeled motorized vehicle with a motorcar attached demands specialized licenses mandated by state law.
  • Lane splitting, aka riding your motorcycle between rows of stationary or moving vehicles, is permitted on California highways.
  • Intentionally blocking or causing harm to a motorcycle rider, such as by opening one’s car door, is liable to action.
  • Motorcyclists must wear helmets and other protective equipment to avoid accidents.
  • The Department of Transportation may limit the use of freeways to motorcyclists subject to their discretion.
  • Every motorcyclist riding in the dark must use one or more headlights where the illumination intensity must meet minimum standards of operation.
  • When a motorcyclist is seated on their vehicle, the handlebars must not be above the shoulder length.
  • Motorcycles cannot operate in highway lanes designated for high-occupancy vehicles.

Bicyclists have a special duty of care, much like other motor vehicles, and fall under California’s Vehicle Code statute when determining whether they have violated any of their laws and regulations.

  • When traveling slower than traffic, bicyclists must stay close to the curb but avoid occupying pedestrian lanes and sidewalks.
  • Although bicyclists are not mandated to wear helmets, they must do so if they’re under 18
  • Bicyclists are provided certain immunities when they encounter accidents within their lanes

Auto Accident Damages

Our car accident lawyer in Bakersfield recognizes economic and non-economic damages that the plaintiffs of auto accident lawsuits are entitled to. These damages are further divisible into:

  • Since repairs to a damaged car need to be incurred by the driver, the responsible party can be sued for compensation for property damage.
  • To claim repair damages, you must show before vs after pictures of the car compared to the accident
  • A report from a reputed automobile dealer can be used as proof to detail the extent of the damage done to the car
  • If your car’s damage is beyond repair, you would need a more detailed report along with one from your insurance adjuster
  • You are entitled to all medical expenses for treating injuries from the accident
  • All past, current, and future medical expenses, including ambulance costs, treatment costs, diagnostic and consulting fee for all apparent and hidden injuries discovered long after the accident
  • To claim for medical expenses, you must present a qualified doctor’s report detailing the extent of your injuries, medical procedures required immediately and in the future, and all medications.
  • Additonally rehabilitation and nursing costs can be demanded too, upon the doctor’s recommendation
  • A victim can demand for compensation for missed earnings during their recovery phase, supported by evidence
  • Your employer must provide a letter detailing your earnings per day and the number of days of work missed as proof of your lost earnings
  • If an employer terminates your employment because of your elongated recovery phase harming their business, you can seek compensation for lost earnings and job opportunities
  • You can also sue for disability or other untreatable injuries you got from the accident as a compesnation for the income you would have otherwise received if the accident didn’t occur at all
  • In a wrongful death case involving an auto accident, the decedents of the deceased are entitled to funeral and burial costs from the accused party.
  • Other claims in a wrongful death lawsuit can be compensated by considering the victim’s age, lifestyle, dependants, work profile, life expectancy, and their contributions to their family and community
  • The jury uses multiplier and per diem methods to calculate a fair compensation for the physical pain experienced by an accident’s victims
  • Depending on the severity of the injuries, a victim’s compensation is multiplied from a number between 1 to 5
  • Per diem method uses a dollar value per day to calculate the compensation
  • Even though emotional distress is harder to quantify, the costs of therapy serve as a quantifibale metric that can be compensated
  • Disability, or the loss of a body part’s working capacity after an accident, can be compensated too
  • Inconveinces brought by an accident, such as being unable to work or move without assistance, can be compensated too
  • Usually pursued by a victim’s spouse, compensation can be sought for the victim’s mental, physical, and sexual impairments resulting in a loss of companionship and affection
  • Unlike other states in the USA, California does not put a limit to noneconomic damages that can be sought by a victim and their family
  • People without auto insurance cover can pursue economic damages
  • California is a fault state, which means that the person(s) or their company responsible for the accident must bear the burden of all damages
  • California also uses comparative negligence law for every driver/pedestrian involved in an accident, where damages are awareded to the degree/percentage of fault
  • The defendant’s financial situation is considered when awarding punitive damages
  • Car/auto owners must have insurance for their automobile in the event of paying damages if found guilty
  • Punitive damages are different from compensatory damages in which they seek to punish the defendant for their disrespect towards the victims’ life and property or for showing past pattern of misconduct
  • Not all auto accidents result in puntiive damages
  • Drunk drivers, drivers engaging in road rage, serving DUI, speeding, or rash driving wilfully are more likely to receive punitive damages

Do You Have Enough Time?

Our car accident lawyer in Bakersfield can help you best if you file your auto accident case within the legal deadlines. See if you haven’t missed any

Activity Deadlines
Filing a personal injury lawsuit for a car accident 2 years from the date of the accident
Exceptions:
  • Litigating against a government entity Injured minors
  • Lack of mental capacity
  • Injury/damage not immediately apparent
Filing a personal injury lawsuit for a car accident 2 years from the date of the accident
Reporting the accident to your insurance company Depending on the insurance policy, 24 hours to 90 days.
However, filing a claim requires:
  • Injury: 2 years
  • Property damage: 3 years
Investigation by the insurance company 40 days after accepting your claim

Why The Law Office of Joseph Pluta As Your Go-To Auto Accident Legal Experts?

With our extensive expeirence with auto accident cases in Bakersfield combined with our team’s legal knowledge and insights gleaned from our practice, The Law Office of Joseph Pluta can help you get the compensation you deserve

  • Proactive Legal Support
  • Se Habla Español!
  • 57+ Years of Excellence
  • Compassionate Support
  • 6000+ Injured Workers Helped
  • Clear & Constant Communication
  • No Upfront Costs
  • We Win, or You Pay Nothing!
  • Prompt Appointments available including on Saturdays & Evenings
  • Assiduous Care with Handling Legal Documentation
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Delivering Justice, One Step At A Time

Our Bakersfield accident lawyers specializing in car accidents have a strategically methodical approach towards guaranteeing your success. Take a look at what our process looks like:

Case Evaluation

Our car accident lawyer, Bakersfield, will first analyze the specifics of your case to assess the required medical and legal documentation, approaching deadlines, and the exact details of your injury and property damage. This will help us predict your case's strength, duration, and outcome.

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Investigation

To maximize recovery from the responsible party, our car accident lawyer in Bakersfield will ascertain who precisely the negligent driver(s) responsible for causing the accident were and what circumstances surrounded their negligent driving. In a shared-fault scenario, we will determine the party responsible through incriminating evidence while proving your innocence.

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Collecting Evidence

Through their extensive experience handling similar cases, our car accident lawyer in Bakersfield knows that mere statements of innocence don’t lead to victory in courtroom trials. That is why our team of legal specialists will get on the task of collecting undeniable evidence from witnesses of the car crash, medical professionals, and police departments to solidify the extent of the physical and psychological trauma you suffered.

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Filing Your Claim

With an insightful understanding of all approaching deadlines, necessary paperwork, and other documentation requirements, leave your car accident claims filing process to our legal team trained in Bakersfield accidents. With this step, Bakersfield’s judicial system will get involved in providing relief to everyone involved in a severe car accident.

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Insurer Negotiations

Like all other profit-driven companies, you must remember that insurance companies work to insure their financial interests over those of their customers. This is why they will wield their established organizational powers to minimize the compensation due to you. However, don’t worry since we can equally wield our law firm’s legal power to drive up the compensation amount that you’re owed.

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Heading to Trial for Victory!

With all the boxes ticked in the steps above, nothing stops us from marching toward assured victory in Bakersfield’s court of law. Expect compensation beyond your expectations with the justice we’d worked so hard towards!

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What People Say

When I was involved in a serious car accident, I felt overwhelmed and unsure of what to do next. However, one of my well-wishers recommended The Law Office of Joseph Pluta, and I’ve never been more relieved. From our first conversation, The Law Office of Joseph Pluta provided legal expertise and genuine compassion. They took the time to understand my situation and worked tirelessly to secure a settlement far exceeding my expectations. I am genuinely grateful for their unwavering support during such a challenging time! Highly recommended!

Raven Steva

The Law Office of Joseph Pluta was the perfect law firm we were looking for to represent our car accident case. We never had to hound them for updates or the progress of their investigations. Instead, they were the first to bring up urgent matters needing our attention. Apart from the constant communication, we were treated with warmth, hugs, and inspirational affirmations, followed by solid evidence showing how things could be turned in our favor. Thanks team, you're the best!

Benik Fedrik

This review has been long due. I had already lost a lot in a recent car accident where my injuries, my job, and my wrecked car took away my ability to fight for compensation and justice. However, my ever-supportive wife contacted The Law Office of Joseph Pluta, and my days started looking better. Their understanding nature, fierce advocacy for my rights, experience, and legal knowledge regarding car accident cases in Bakersfield reassured me to join the fight. The best of all, the victory Joe's team helped me get for my case renewed my spirits and allowed me to start rebuilding my life again! No gratitude is enough for The Law Office of Joseph Pluta.

Elisiya Donald

Frequently Asked Questions

Find answers to common questions about Bakersfield car accident lawsuits

Our auto accident attorney in Bakersfield at The Law Office of Joseph Pluta works only on a contingency fee basis, which means that you don't have to pay any upfront legal fee to be legally represented by us. On the other hand, you only need to pay when you win your case by obtaining the settlement claim. Usually, most Bakersfield car wreck lawyers charge 25%-33% of the car accident compensation as their contingency fee. However, the exact percentage can vary based on whether your case goes to trial or the complexity of your case.

If the court finds you guilty of causing an accident, you are deemed the "at-fault" party and can face grave consequences. Firstly, you'll be demanded to pay the damages for other injured drivers and pedestrians involved in the accident. The financial burden may escalate if property damage is involved, too. However, it would help if you remembered that you may have been wrongfully framed in a shared-party fault scenario, implying that someone else's blame could be dumped on you. You need an experienced auto collision attorney to determine someone else's culpability in a shared-fault motor accident scenario with solid evidence and irrefutable arguments. Contact our auto accident attorney in Bakersfield to learn more.

You must hire an auto accident attorney in Bakersfield as soon as possible to maximize your chances of recovering the damages you rightfully deserve! Working with an experienced motor vehicle accident attorney from The Law Office of Joseph Pluta can help ensure you receive fair compensation in your car accident case while securing your rights. Our compassionate legal assistance can help you navigate the complexities of a car accident lawsuit through solid evidence, handling legal paperwork, and negotiating with the insurer for maximum coverage.

The factors involved in a car accident lawsuit can affect the total payable amount in the settlement. Some of those factors are:

  • Insurance coverage
  • The extent of the damage (higher settlement if the accident resulted in death)
  • The responsible party
  • Hit-and-run case

Most settlements cover punitive damages to punish a negligent driver for causing the accident. While the average amount for car accident settlements was $29700 as of 2020, it can widely fluctuate based on the abovementioned factors. Contact our auto accident attorney in Bakersfield to calculate the accurate compensation you may be entitled to.

Indeed, California operates under a "no-fault" insurance system, which means you claim settlement from the insurer of an at-fault driver's responsibility for causing the car accident rather than your own. This also means that you can directly sue an at-fault driver for damages. Send our auto accident attorney in Bakersfield to learn more.