Personal Injury Law – Kern County

Likely it will be a Kern County claim. However it depends on which side of the county line you were on. Between Fort Tejon Road & Grapevine Road on Interstate 5 is in Kern County. It is patrolled by the CHP's Fort Tejon Area in Lebec. This means you will generally have a report from this office rather than Bakersfield Police. This means you can make a claim in Kern County and all unlimited claims are to the Metropolitan Division in Bakersfield. Further south across the LA County line near Gorman you will have suffered your injury in LA County. The CHP refer to this as a steep 6% incline which is heavily used by commercial vehicles. Many of these claims will be against a trucking company. Please ask for the CHP report number.

Often yes. Soft tissue injuries or disc injuries can often take hours or days to develop. However if you didn't see a Doctor immediately or you told your initial provider you only had neck pain and mention your back pain a month later it can be an issue. Please see a Doctor as soon as possible. Tell them exactly when your pain started and what you were doing in the car at the point of impact. Follow their treatment plan. If you have a history of back pain please tell them. Under California law you can claim for aggravation of an existing condition. By not mentioning it you are giving the insurers reasons to doubt all the other information. Keep a brief diary of your pain, time off work and things you can't do.

Possibly, through the uninsured motorist cover on your own policy. As the driver was unknown they are considered to be uninsured under California law. However there are some requirements. There must have been contact with you or your vehicle. Someone (you or on your behalf) must report the accident within 24hrs. If in Bakersfield report to Bakersfield Police. If in an un-incorporated area (Oildale etc.) report to Kern County Sheriff or CHP. Within 30 days you must give a sworn statement to your insurance company. If you do not do this you could lose your cover even if you were seriously injured. Please see our hit and run page.

We do not deal with workers compensation claims. Any claims against your employer will be under workers compensation and should be dealt with by a workers comp attorney. However if you were injured while working there may be a third party. Under California law that separate claim is still available. For example if you were sideswiped on Route 33 by a tanker from another company, the contractor left the well unsafe or there was a faulty part on the tractor due to a design issue. In all cases there may be full liability from the external company for damages (pain & suffering etc.). These will not be covered under comp. Please let us know who was onsite and who owned the equipment and we can see if there is a third party claim.

Mainly due to Golden Empire Transit & the City being public bodies. You generally have 6 months to make a written government claim. The usual 2 year time limit does not apply. If the agency write to you to reject your claim you will generally have 6 months to make a claim. The video from the bus, servicing history & operator report will all be held by the agency. Please ask for these as soon as possible. Passengers who have been injured due to sudden stops can also claim. If a private driver was also to blame, that part of the claim will be subject to the 2 year time limit.

This is completely separate to your injury claim. The district attorney will prosecute the driver. You do not control that case and even if they plead guilty or are convicted it will not pay your bills. However it can help your civil claim. If they are convicted or have a high blood alcohol level it shows there is fault. Under California law punitive damages can be awarded if the defendant acted with malice (this must be proven by clear and convincing evidence). Some drunk driving cases have been treated in this way. Generally the insurance will not cover punitive damages so it depends if the driver has their own assets to chase. Please ask for the CHP or Bakersfield Police report number. Note any court dates you are informed of.

Under California law certain family members can make a wrongful death claim. This can be the surviving spouse/domestic partner, children and sometimes others who would inherit or depend on the deceased. Generally there is a 2 year time limit. If the death was caused by a public agency (county road crews, transit buses etc.) there will generally be a much shorter time limit. Many of the truck collisions on the 58 involve an out of county carrier. A wrongful death claim can be made for the loss of support/companionship your family suffered. It can also cover funeral costs. A survival claim may also be applicable to the estate. Please see our wrongful death page for who can make a claim.

Generally a Bakersfield claim. Under California law you can make a claim in the county where the injury happened or where the defendant resides. If you were injured in a collision or fall in Bakersfield it will be a Kern County claim. All unlimited claims go to the Metropolitan Division in downtown. If the at-fault driver/trucking company reside in Los Angeles County this may also be an option. This depends on where your witnesses are and evidence. Most claims are settled and do not go to court however the county will affect your timescales, jury pool and how far your doctors have to travel. We will discuss this with you before making any filings. We will also explain why we recommend this option.