Legally Reviewed by Daniel Setareh on October 2, 2026
A crash caused by an impaired driver is different from an ordinary collision. The injuries are often severe, the other driver may face criminal charges, and the victim is left to deal with medical bills, missed work, and an insurance claim while the criminal case moves forward on its own track. If you were hurt on a Fresno road such as Blackstone Avenue or Shaw Avenue, you may be wondering what the police case means for you and whether you can seek compensation. This page explains how a civil injury claim works after a drunk driving crash, from the first steps to take to the deadlines that apply.
People hurt by impaired drivers deserve a firm that treats them as the injured party they are. Setareh Law, APLC Personal Injury & Accident Lawyers brings 60 years of combined experience, more than 900 five-star reviews, and seven California offices to these cases, and a Fresno personal injury attorney on our team can explain how a civil claim works while any criminal case moves forward. We work on contingency, so you pay a fee only if we get results, and we offer home and hospital visits and se habla español.
⚠ Time-Sensitive Notice for Victims of Impaired Drivers
Most California drunk driving injury lawsuits must be filed within 2 years, and claims against a public entity can have a deadline as short as 6 months.
60 years of combined experience, more than 900 five-star reviews, and no fee unless we get results. Home and hospital visits are available.
Drunk Driving Crashes in Fresno
Fresno is a spread-out city where almost every trip happens by car, and that includes late-night trips home from restaurants, bars, concerts, and gatherings. Wide arterial roads like Blackstone Avenue and Shaw Avenue let vehicles travel at high speed, and an impaired driver may drift across lanes, run a red light, fail to brake in time, or enter traffic going the wrong way. Evenings, weekends, and holidays are when many of these crashes happen, and Central Valley tule fog in winter can make an already dangerous situation worse.
California law makes it unlawful to drive while under the influence of alcohol and sets a blood alcohol limit of 0.08 percent for most drivers. Those rules exist for criminal enforcement, but the facts behind them often matter in a civil injury case as well. A driver who is impaired, or who is alleged to have been impaired, may have failed to use the ordinary care that every driver owes to others on the road, and a victim may be able to seek compensation for the harm that followed.
Civil Case vs. Criminal Case After a Drunk Driving Crash
After a crash involving a suspected impaired driver, two separate legal processes can begin. They run independently, they have different goals, and they are decided by different standards.
| Topic | Criminal Case | Civil Injury Claim |
|---|---|---|
| Who brings it | The government, through a prosecutor. | You, the injured person, through your own attorney. |
| Purpose | To address alleged violations of the law and impose penalties. | To seek compensation for the harm the crash caused you. |
| Standard of proof | Proof beyond a reasonable doubt. | Generally a preponderance of the evidence, meaning more likely than not. |
| Who controls it | The prosecutor decides what charges to file. | You decide whether to pursue a claim and whether to accept an offer. |
| What it can result in | Penalties set by the court, which can include fines and other consequences. | Payment for medical bills, lost income, pain and suffering, and other losses. |
Because the standards differ, a civil claim does not depend on a criminal conviction. A civil case can move forward even when no charges are filed, when charges are reduced, or when a criminal case ends in a way that surprises the victim. What happens in the criminal case can still affect the civil case, since police reports, test results, and witness statements gathered by investigators are often important evidence. This page addresses the civil injury claim of the person who was hurt, not the defense of any criminal charge.
Who May Be Liable After a Fresno Drunk Driving Crash
The driver who caused the crash is the first party to look at, and the claim is usually paid through that driver’s auto liability insurance. Depending on the facts, other parties may also be involved, so each case calls for a careful review.
The Impaired Driver
The person behind the wheel owes a duty of ordinary care to everyone on the road. When that duty is breached and someone is hurt, the driver may be responsible for the resulting losses.
An Employer
If the driver was on the job at the time, such as making deliveries or driving a company vehicle, the employer may share responsibility in some circumstances, and a commercial policy may add coverage.
A Licensed Seller Serving a Minor
California law allows an injury claim against a licensed seller who sells or gives alcohol to an obviously intoxicated minor when that act is the proximate cause of the injury.
An Adult Who Furnishes Alcohol to a Minor at Home
A claim may be possible against a parent, guardian, or other adult who knowingly furnishes alcohol at a residence to someone they know, or should know, is under 21.
It is important to understand the limits of these claims. In general, California law protects those who sell or furnish alcohol to an adult from civil liability for injuries caused by that adult’s intoxication, and the Civil Code provides that social hosts are generally not accountable for injuries caused by a guest who drinks. The exceptions involving minors are narrow, and they are found in a separate section of the Business and Professions Code. Whether any third party can be held responsible depends on facts such as the age of the driver and where the alcohol came from. Our article on when bars and establishments may be liable in a drunk driving accident explains these questions in more detail.
What to Do After a Crash With a Suspected Impaired Driver
What you do at the scene and in the days that follow can protect both your health and your claim, and a few steps apply specifically when you suspect the other driver was impaired.
1. Call 911 and Report Your Concern
Call 911 for any injury and tell the dispatcher you suspect the other driver may be impaired. Officers from the Fresno Police Department or the California Highway Patrol can then evaluate the driver at the scene.
2. Get Medical Care Right Away
Accept treatment from paramedics or go to the emergency room. Adrenaline can hide pain, and head, neck, and internal injuries are not always obvious at first.
3. Stay Safe and Do Not Confront the Driver
Move away from traffic if you can, and do not argue with the other driver. Let the officers handle the driver, and focus on getting help.
4. Document What You See
When it is safe, photograph the vehicles, the road, and your injuries, and note what you personally observed, such as the driver’s speech, behavior, or the smell of alcohol. Write it down while it is fresh.
5. Get the Report Number
Ask the responding officer for a report number and the name of the agency. Ask how to request a copy once it is complete.
6. Talk to a Lawyer Before the Insurer
Adjusters may call within days. You can decline a recorded statement until you have spoken with an attorney, and you should avoid posting about the crash or the driver online.
Hurt by an Impaired Driver in Fresno? Talk With Setareh Law Today
Your consultation is free, and you pay nothing unless we get results. Home and hospital visits are available.
Evidence That Can Support a Drunk Driving Injury Claim
Drunk driving cases often involve more sources of evidence than an ordinary crash, and some of it disappears quickly. The table below shows the main types and why each can matter.
| Evidence | Why It Can Matter | What You Can Do |
|---|---|---|
| Police and CHP reports | Record the officers’ observations, statements, witness names, and any citations or arrest. | Ask for the report number at the scene and request the report once it is available. |
| Chemical test results | Breath or blood tests, when they were performed, can help show whether alcohol was involved. | Tell your attorney about any test you know of so the records can be requested promptly. |
| Receipts and bar tabs | Credit card records and receipts can show where, when, and how much a driver was served. | Do not wait. Business records can be kept for a limited time. |
| Surveillance and dashcam video | Footage from nearby businesses, traffic cameras, and dashcams can show driving behavior before the crash. | Ask quickly, because many systems record over old footage within days. |
| 911 recordings and witnesses | Calls and eyewitness accounts can describe how the vehicle was moving and how the driver looked and acted. | Save witness names and phone numbers before leaving the scene. |
| Medical records | Connect each injury to the crash and document treatment and future care needs. | Keep every bill, prescription receipt, and note about missed work. |
A prompt investigation matters because evidence that is easy to get in the first week can be difficult or impossible to obtain months later. Our team works to identify and request what is needed, and we can send preservation requests to businesses that may hold video or records.
Common Injuries in Drunk Driving Crashes
Impaired drivers often react late or not at all, which can lead to high-speed or head-on impacts. Common injuries include traumatic brain injuries and concussions, spinal cord and back injuries, broken bones in the arms, legs, ribs, and hips, internal organ damage, burns, facial injuries and scarring, and neck and soft tissue injuries such as whiplash. Some injuries, such as concussions, can show symptoms days after the crash.
These injuries often require emergency care, imaging, surgery, rehabilitation, and long-term follow-up. Some victims miss weeks or months of work, and some face lasting limitations. A fair claim looks at the full picture of current bills and future needs, and it also considers the emotional toll of a crash that was caused by a driver who should not have been on the road.
Compensation Available to Drunk Driving Victims
Depending on the facts, an injured person may be able to pursue several categories of damages in a civil claim.
| Category | What It May Cover |
|---|---|
| Medical expenses | Emergency care, hospital stays, surgery, medication, rehabilitation, and future treatment. |
| Lost income | Wages missed during recovery and reduced earning capacity if you cannot return to the same work. |
| Property damage | Repair or replacement of your vehicle and personal items damaged in the crash. |
| Pain and suffering | Physical pain, emotional distress, and the effect of the injuries on daily life. |
| Loss of enjoyment of life | The loss of activities, hobbies, and routines you enjoyed before the crash. |
| Punitive damages | In limited cases, California law may allow punitive damages when a plaintiff proves by clear and convincing evidence that the defendant acted with malice, oppression, or fraud. They are meant to punish the wrongdoer, are not available in every case, and are decided on the facts. |
| Wrongful death damages | When a crash is fatal, eligible family members may pursue funeral costs, lost financial support, and loss of companionship. |
Every case is different, and results depend on the facts, the injuries, and the insurance available.
How Insurance Works After a Drunk Driving Crash
Insurance companies protect their own bottom line, and even when the facts look clear they may use several familiar approaches to reduce what they pay.
Disputing the Cause
An insurer may argue that your injuries came from something other than the crash or that another factor contributed.
Quick, Low Offers
An early offer may arrive before you know the full extent of your injuries or what future care will cost.
Recorded Statements
Casual answers about how you feel or what happened can be used later to question your claim.
Limited Policy Amounts
A driver’s policy may not cover all of your losses, which is why other sources of coverage can matter.
If the driver has no insurance, or insurance that is too low, your own policy may help. California requires auto liability policies to include uninsured motorist coverage unless it was rejected in writing, and coverage can also apply when the at-fault driver cannot be identified, subject to reporting conditions in the statute. Our overview of underinsured and uninsured motorist coverage explains how those claims differ, and our article on legal options after a hit-and-run covers drivers who flee. Having an attorney handle the insurance company lets you focus on healing.
Statute of Limitations for Fresno Drunk Driving Injury Cases
Deadlines are among the most important parts of any injury claim, and missing one can end a case no matter how strong the evidence is.
| Type of Claim | Deadline | Clock Starts |
|---|---|---|
| Injury claim against a driver or private party | 2 years | Date of the crash |
| Wrongful death claim | 2 years | Date of death |
| Claim against a city, county, or other public entity | 6 months to present a government claim | Date of the crash |
The civil deadline is separate from the criminal case, so you should not wait for a criminal case to finish before getting legal advice. The clock usually starts on the date of the crash, not on the date you finish treatment. Public entity claims can come up when a road defect, missing signal, or poorly marked hazard played a part in the crash, and late claims are allowed only in narrow circumstances. The California Courts self-help guide on deadlines to sue explains how these time limits work. Missing a deadline is irreversible, so contact Setareh Law as soon as you can.
How Setareh Law Handles Your Drunk Driving Accident Case
Every case starts with a one-on-one conversation. We listen to what happened, review your injuries and medical needs, and explain your options in plain language, including how a civil claim relates to the criminal case. If you cannot travel, we can meet you at home or at the hospital.
From there, our team gathers the police report, test records, witness accounts, video, and medical records, and works with accident reconstruction professionals when a case calls for it. We send preservation requests for evidence that could be lost, identify every insurance policy that may apply, handle the calls and paperwork with insurance companies, calculate the full value of your losses, negotiate for fair compensation, and file a lawsuit when that is the right step. Because we work on contingency, you pay a fee only if we get results, and Spanish-speaking clients can work with our team in their own language.
Frequently Asked Questions About Fresno Drunk Driving Accidents
Do I have a case if the driver was never convicted of DUI?
Possibly. A civil injury claim is separate from the criminal case and is generally decided on a preponderance of the evidence, so it does not require a conviction. Charges may be dropped, reduced, or never filed, and you may still have a claim if the other driver’s negligence caused your injuries. The right way to find out is to talk with an attorney about what happened, and Setareh Law offers free case reviews.
What is the deadline to file a drunk driving injury lawsuit in California?
Most personal injury and wrongful death lawsuits must be filed within 2 years of the crash or the date of death. Claims against a city, county, or other public entity generally require a government claim within 6 months. Because missing these deadlines is irreversible, you should speak with an attorney as soon as possible.
How much does it cost to hire a drunk driving accident lawyer in Fresno?
Setareh Law handles drunk driving injury cases on a contingency fee basis. You pay an attorney fee only if we get results, and your initial consultation is free. We encourage you to ask about fees and costs during your case review so you know what to expect.
Can family members file a claim if someone died in a drunk driving crash?
In California, certain family members, such as a spouse, domestic partner, or children, and in some cases other dependents, may bring a wrongful death claim. These claims may recover losses such as funeral costs, lost financial support, and loss of companionship. The deadline is generally 2 years from the date of death.
How do I get the police report after a crash in Fresno?
The report is generally created by the agency that responded, which in Fresno is usually the Fresno Police Department or the California Highway Patrol. Ask the officer for the report number and agency name at the scene, since it may take time before the report is complete. Your attorney can also request the report and related records for you.
Can I sue a bar or restaurant that served the driver?
In most cases involving adult drivers, California law limits claims against businesses and social hosts that serve alcohol, because the law treats the drinking, not the serving, as the cause of the injury. There are narrow exceptions, including claims involving obviously intoxicated minors. Whether an exception applies depends on the facts, so an attorney should review the details of your case.
Talk to a Fresno Drunk Driving Accident Lawyer Today
Setareh Law brings 60 years of combined experience, more than 900 five-star client reviews, and seven California offices to every injury case. We treat each client as a person first, and we take the time to understand how the crash changed your life.
If you were hurt by an impaired driver in Fresno, contact Setareh Law for a free case review, or call (310) 659-1826. There is no fee unless we get results, and se habla español.
