Car accidents can happen when you least expect it to, resulting in financial hardships, emotional trauma, and physical harm. Pursuing legal action in the aftermath of such a case can be difficult. But, legal representation can help relieve the stress of balancing case-related obstacles and your recovery process. At West Coast Trial Lawyers, our Bakersfield car accident attorneys can take a look at your situation to determine what would be the best approach to take. From there, they will help you gather evidence and communicate with insurers to secure the best possible outcome on your behalf.
With a proven track record of achieving client satisfaction and expertise across multiple practice areas, our law firm offers guidance and support personalized to your personal injury case. To get started on the legal process, you can schedule a FREE consultation by calling (213) 927-3700 or completing our quick online contact form. We can go over your legal options and outline what would be the best path to take that suits your needs and priorities.
How Common Are Car Accidents in Bakersfield?
Based on data provided by the California Office of Traffic Safety’s (OTS) 2022 crash rankings, Bakersfield had a total of 1,715 victims killed or injured in traffic crashes. With a population of roughly 407,835, the city was ranked 11th out of 15 similarly sized cities for overall crash injuries and fatalities. While Bakersfield’s traffic crash statistics highlight local cases, national data uncovers broader trends in motor vehicle deaths and injuries across the United States.
According to the National Highway Traffic Safety Administration (NHTSA), in 2023, U.S. motor vehicle traffic deaths dropped by 4.3%, from 42,721 in 2022 to 40,901, marking the second consecutive annual decline. The fatality rate per 100 million vehicle miles traveled (VMT) dropped from 1.34 to 1.26. Passenger vehicle occupant deaths dropped, including passenger cars (7.4% decrease), rollover crashes (10% decrease), ejections (9.1% decrease) and unrestrained occupants (7.7% decrease).
Police-reported traffic cases slightly rose from 5.93 million to 6.14 million, whereas property-damage-only accidents increased by 4.2%. The estimated number of injured victims grew slightly to 2.44 million, with the injury rate per 100 million VMT staying steady at 75. VMT increased by 1.6% from 3,196 billion to 3,247 billion miles. Fatal collision counts fell from 39,422 to 37,654, which is a 4.5% decrease.
What Are Most Bakersfield Car Accidents Caused By?
Most car accidents are caused by human error. While some can happen because of unavoidable conditions, many stem from preventable actions, like drunk driving, speeding, and distracted driving.
Alcohol-Impaired Driving
From 2022 and 2023, alcohol-impaired-driving deaths lessened by 7.6%, accounting for 30% of all traffic deaths in 2023. The fatality rate per 100 million VMT also dropped by 9.5%, from 0.42 in 2022 to 0.38 in 2023. Passenger car drivers saw a decline, with about 358 fewer alcohol-impaired vehicle operators involved in fatal collisions from 2022 to 2023.
Under California Vehicle Code § 23152(b), it is prohibited for a person to drive a car with a blood alcohol concentration (BAC) of or above 0.08%. Drivers under 21 are also not allowed to get behind the wheel if they have a BAC of 0.01% or higher (CVC § 23136). DUI penalties may be enforced under CVC § 23152 and 23536–23552. For a first-time DUI, at least 96 hours and up to six months in jail will be administered, along with a fine ranging between $390 to $1,000 and a six month license suspension.
Repeat offenses will carry a heavier penalty under CVC § 23546 (second offense) and CVC § 23550 (three or more offenses), with extended jail terms, license suspensions, and potential felony charges. Aggravating circumstances (high BAC levels, bodily harm, or minors in the vehicle) can result in additional penalties under CVC §§ 23578 and 23572.
Speeding
Between 2022 and 2023, speeding-related deaths lessened by 3.1%, dropping from 12,157 to 11,775. However, this factor continues to be a major contributor in traffic-related fatalities nationwide. In 2023, 19% of all drivers involved in a deadly crash were speeding moments prior to the impact, and 29% of all traffic fatalities happened in speeding accidents.
California has set rules to prevent such cases and to protect road users:
- CVC § 22350: No driver can travel at a speed greater than is reasonable or prudent, considering weather, visibility, traffic, and road conditions. In no event should a person speed to a point where it can endanger road users and property.
- CVC § 22349: Drivers can speed up to 65 mph on most highways, with 55 mph on two-lane, undivided highways, unless a sign specifies otherwise or another statute applies.
- CVC § 22356: This regulation allows the U.S. Department of Transportation (DOT) to post 70 mph on certain highways, and makes going over a posted 70 mph limit a specific violation.
- CVC § 22352: You will need to drive 15 mph in alleys, at railroad crossings where you cannot see clearly, and at blind intersections where you are unable to have a clear view 100 feet in every direction. You must travel at 25 mph in business or residential areas and near schools when children are present unless a sign specifies otherwise.
Distracted Driving
Distracted driving is a serious issue on California roads, accounting for thousands of cases each year, including 3,275 deaths nationwide in 2023 (NHTSA). To protect road users, the state established laws that prohibit dangerous behaviors, like texting or using a handheld device while operating a vehicle (CVC §§ 23123 and 23123.5).
In June 2025 , the no touch law went into effect, ruling that grabbing onto a phone, even without interacting with the screen, is considered a violation. To follow this update, drivers will need to use a mounted device to have their phones secured on the dashboard or windshield. They will only be allowed to make a single tape or swipe to activate or deactivate features. And lastly, voice commands are allowed for hands-free technology. These are made with the intent to lessen distractions and keep the roads safer.
What Happens to Your Body When You Get in a Car Accident?
Getting into a car accident can result in a variety of physical injuries ranging from minor to severe depending on the intensity of the impact, the type of collision that occurred, and whether safety features (seatbelts and airbags) were used at the time of impact. Following a crash, your body may undergo shock and adrenaline. These can essentially mask pain and injuries temporarily.
Common physical harm may include:
- Whiplash
- Cuts and lacerations
- Broken bones
- Internal injuries
Some may not be immediately visible, but can be life-threatening if it goes untreated. Even if bodily harm does not appear right away, collisions can trigger muscle strains and joint pain that can last for hours or even days. The body may also go through stress responses, like a high heart rate or elevated blood pressure, which can affect the recovery process. Severe cases may result in spinal cord injuries and traumatic brain injuries, ultimately contributing to long-term or permanent issues.
It is important for car accident victims to get evaluated by a healthcare provider. They will assess your condition and express any notable concerns that appeared in your results. From there, they will provide a medical treatment plan that is best suited for you and give you a better likelihood of attaining an improved quality of life.
What to Do After a Car Accident in Bakersfield
Being involved in a car accident can be stressful. But, knowing what to do shortly after can help protect your health and legal rights.
- Call emergency services, if necessary- Law enforcement will arrive and conduct a police report. Paramedics may also be of attendance to administer proper medical care to the injured parties.
- Seek medical attention- Even if you think you feel fine, you should still get yourself checked as soon as possible. Medical records will not only safeguard your health, but can also be used to support your claim if you are dealing with injury-related expenses in the aftermath of the crash.
- Gather evidence- This includes photos of your injury or even surveillance footage that demonstrates the cause and outcome of the car accident. You should request a copy of the police report and your medical records to strengthen your personal injury claim. If any bystanders are nearby, you should ask for their name(s) and contact information. Witness statements are critical in such cases.
- Exchange information with all parties involved- This includes contact, vehicle, and insurance details.
- Speak to a Bakersfield personal injury lawyer- They will help you navigate your legal matter and will negotiate with insurance companies on your behalf to make sure you are granted full and fair compensation.
What Happens if a Person Dies in a Bakersfield Car Accident?
If a person dies in a car accident, surviving family members may be entitled to submit a wrongful death claim to secure compensation for losses they incurred as a result of their loved one’s passing:
- Medical bills
- Funeral and burial costs
- Loss of financial support
- Emotional distress
A wrongful death claim is brought on behalf of the victim’s estate or eligible family members. The process is mandated by California Code of Civil Procedure § 377.60, which highlights who can bring the claim and the types of damages they may be eligible for. Typically, the spouses, domestic partners, children, and in some cases, dependent parents or other relatives may be able to bring a lawsuit.
Filing a wrongful death claim can help family members with financial expenses pertaining to the incident and will give them the ability to hold negligent parties responsible. A Bakersfield car accident lawyer can navigate affected individuals through this legal process and ensure their rights are protected while they are coping with the loss of a loved one.
How Much Does Car Insurance Go Up After an Accident?
In California, the effect a car accident can have on your insurance will differ according to:
- Who was at fault for the crash
- Your driving history
- Your insurance provider’s policy
On average, drivers who are found liable for a car accident may see premiums increase 20% to 40% though in some cases results may involve even higher changes. Insurance companies will look into several elements when determining how much rates will go up. This includes the intensity of the impact, whether injuries or property damage were involved, and the number of claims you submitted in the past.
Not all types of car accidents will affect your premium. Some minor cases may not impact your insurance if another driver was clearly at fault, or if your insurer provides accident forgiveness programs.
How Long Does a Car Accident Stay on Your Record?
The length of time a car accident stays on your record will vary when it comes to your driving record with the Department of Motor Vehicles (DMV) and your insurance record.
With the DMV, accidents that involve a citation will remain on your record for three years from the date of the incident. This includes certain traffic violations, like speeding, failure to yield, or reckless driving. Minor cases where no citation is involved may not appear on your record.
When it comes to your insurance record, insurers will consider accidents for three to five years when determining rates. At fault cases will have a larger impact, possibly increasing premiums during this period. Collisions you were not at fault for may still be documented, but usually will have less of an effect on your insurance rate.
Where Do the Most Car Accidents Occur in Bakersfield?
In Bakersfield, certain roadways are known to have car accidents. Below is a list of dangerous intersections within the city that drivers need to be cautious around:
- Stockdale Highway and Coffee Road
- Kern Street and Niles Street
- Ming Avenue and New Stine Road
- Gosford Road and Ming Avenue
- Real Road and Wilson Road
Knowing where high risk areas are located can allow drivers to exercise extra caution and make careful decisions to ensure road safety.
How to Get a Police Report for a Car Accident?
After a car accident, getting a police report is important. This will cover all the details pertaining to the crash, including:
- Witness statements
- Officer observations
- Citations issued
You can request a copy of the report by the law enforcement agency that was present at the accident scene. Some will allow online requests whereas others will require you to make an in-person visit or mail request. Be ready to provide the date, location, and names of the involved parties. You may also need to show a valid ID and pay a small fee. Once you have the report at hand, it can help with your insurance claim and any legal matters connected to the car accident.
We advise affected individuals to make the request promptly as it can take some time to process. You should keep multiple copies, one for your insurance company, the other for your personal injury lawyer, and the last one for your personal records. If you plan on suing, having the report is important to strengthen your car accident case.
Can You Claim a Car Accident Without a Police Report?
You can file a car accident claim without a police report. You can still support your case by:
- Collecting evidence, like photos of the accident scene, property damage, and injuries you sustained.
- Gathering witness statements from bystanders who saw what happened.
- Keeping a copy of your medical records at hand.
- Documenting any form of communication with the insurance companies.
Serious injuries or property damage requires affected individuals to report the incident to police. Speaking to a Bakersfield car accident lawyer can help you undergo the claims process smoothly, ensuring legal matters are being handled correctly, even without a police report.
What Happens if My Claim Is Denied?
If your car accident claim is denied, you can take additional steps to protect your rights. Insurance companies may try to reject claims for certain reasons, including:
- Inadequate evidence
- Disputes over fault
- Missed deadlines
- Policy exclusions
When this happens, you should carefully go over the denial letter, which will explain the reasoning behind the insurer’s decision. In some cases, the issue can be resolved by submitting more documentation, like a copy of the police report or your medical records.
If denial is unjustified, you are entitled to appeal. This will require you to provide stronger evidence or a written explanation covering the insurer’s concerns. If your appeal still gets rejected or the insurer seems to be acting in bad faith (ignoring evidence or delaying pay), you may be entitled to file a lawsuit for breach of contract or bad faith practices.
Does Health Insurance Cover Car Accidents?
Health insurance can cover medical bills. But, it will usually act as a secondary coverage after auto insurance is applied. In most cases, your car insurance policy, particularly medical payments (MedPay) or personal injury protection (PIP) will pay first. Once these limits have been exhausted, your health insurance can step in to cover the leftover costs.
Your health insurance could require you to pay deductibles, copays, or coinsurance. Some providers may even deny coverage until they can verify whether auto insurance is applicable. In addition, if another driver caused the car accident and you are later given a settlement, your health insurer may ask for reimbursement for the medical costs covered. This is referred to as subrogation.
What Are the Damages in a Car Accident?
In a car accident, victims may sustain financial, physical, and emotional losses. These are divided into economic damages and non-economic damages.
Economic damages refer to tangible losses, including medical expenses for hospital visits, lost wages from missed work, and property damage to your vehicle. Non-economic damages pay for more personal, intangible harm you incurred. This includes emotional distress, loss of enjoyment of life, and pain and suffering.
In cases that consist of extreme negligence, punitive damages may also be granted. These are meant to punish the wrongdoer for their egregious behavior, and deter similar conduct in the future.
To learn what you could be entitled to in a car accident case, you can input the losses you endured into our personal injury settlement calculator.
Involved in a Bakersfield Car Accident? West Coast Trial Lawyers Is Here to Help
If you were injured in a car accident because of someone else’s negligence, West Coast Trial Lawyers is here to help. Our legal team can address the losses you incurred while guiding you every step of the way, from evaluating your case to negotiating with insurers and, if necessary, representing you in court. We will evaluate the full impact of your situation and advocate on your behalf to get you the compensation you deserve.
To set up a FREE initial consultation, you can get in touch with us by calling (213) 927-3700 or filling up our convenient online contact form.
