A sideswipe collision was reported on Jan 31, 2026 at approximately 1:40 AM on I-405 near Valley Vista Boulevard in Sherman Oaks, California. Clear weather was noted at the time of the crash. 1 person was injured. This crash was classified as a drunk driver accident and hit and run and motorcycle accident case.
If you were involved, the other driver's insurance company may have already contacted you with a settlement offer. Early offers are almost always lower than what your claim is actually worth. Insurers count on people settling before they understand the full extent of their injuries. You have two years from the date of the accident to file a personal injury claim in California, but key evidence like surveillance footage and witness memories doesn't last that long. A free consultation with our senior attorneys costs you nothing and helps you understand your options.
Your attorney
Senior Attorneys, Not a Call Center
I grew up in the San Fernando Valley, graduated from El Camino Real High School and UCLA Law School, and I've spent my career representing people who were hurt because someone else wasn't paying attention. I take these cases personally because I've watched families in this community deal with the aftermath of serious crashes. If you were injured, I want to hear what happened.
Arya Firoozmand, Esq.
Founding Partner · UCLA Law
You're not a case number here. Every case I take is personal.
Could the road be at fault?
Not Every Crash Is the Driver's Fault
Some crashes are caused by dangerous road conditions: poor sight lines, missing signage, bad signal timing, or roads that weren't designed for the traffic they carry. In California, cities, counties, and Caltrans can be held liable when they knew or should have known about a dangerous condition and failed to fix it. If the road played a role in this crash, you may have a claim against the government agency responsible for maintaining it.
Injured at a Dangerous Intersection? The City May Owe You Compensation.
When a road or intersection is poorly designed, the government agency responsible for maintaining it can be held liable. If you were seriously hurt, talk to a senior attorney about whether a dangerous road design claim applies to your case.
Government claims are often subject to strict filing deadlines. An attorney can help you understand what applies to your situation.
Next steps
What to Do After a Drunk Driving Crash
Get medical attention immediately
Even if you feel fine, get checked out. Some of the most serious injuries from crashes, like internal bleeding and traumatic brain injuries, don't always show symptoms right away. A medical record from the day of the crash also becomes critical evidence later.
Get the BAC results from the police report
If the other driver was arrested for DUI, the police report will include their blood alcohol concentration. A BAC above 0.08% is powerful evidence, but even a lower reading combined with other impairment evidence can support your claim. Request a copy of the full report, not just the exchange of information.
Explore punitive damages and Dram Shop liability
Drunk driving cases are one of the few areas where California allows punitive damages under Civil Code 3294. If the driver was served alcohol at a bar or restaurant while visibly intoxicated, the establishment may also be liable under Business and Professions Code 25602.1. Both avenues increase what you can recover.
File your government tort claim before July 31, 2026
If a government entity is responsible for this crash, whether because of road design, missing signals, or a government vehicle, you have a strict six-month deadline to file a tort claim. That deadline is July 31, 2026. Miss it and you lose your right to sue entirely, no matter how strong your case is.
Talk to a personal injury attorney before the insurance company
Insurance adjusters will reach out quickly, and they're not calling to help you. They want a recorded statement and a fast settlement before you understand what your case is actually worth. A free consultation with an attorney costs you nothing and protects everything.
Drunk driving accident law
Your Legal Options After a Drunk Driving Crash
Being hit by a drunk driver opens legal avenues that don't exist in typical car accident cases. California Civil Code 3294 allows punitive damages when the defendant's conduct was "despicable" and done with "willful and conscious disregard" for others' safety. Driving drunk fits that definition. Punitive damages go beyond compensating your losses. They're designed to punish.
If the drunk driver was served alcohol at a bar, restaurant, or event while already visibly intoxicated, the establishment may also be liable under California's Dram Shop statute, Business and Professions Code 25602.1. This is especially relevant when the driver doesn't carry enough insurance to cover your damages, because the establishment's commercial liability policy is often much larger.
The DUI criminal case and your civil injury case are separate proceedings. You don't have to wait for the criminal case to finish before pursuing your civil claim. In fact, a DUI conviction or guilty plea becomes admissible evidence in your civil case, making liability almost automatic.
The hit-and-run circumstances of this crash mean your claim may involve uninsured motorist coverage on your own policy. California law requires UM coverage unless you specifically waived it. Your attorney can help navigate whether to pursue the at-fault driver directly (if identified) or through your own policy.
Motorcycle riders in California have full legal rights on the road, including the right to lane split under Vehicle Code 21658.1. If the rider was lane splitting at the time, the question is whether it was done safely, not whether it happened at all.
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6,000+ Cases75+ Years CombinedMartindale-Hubbell Preeminent
Dangerous road design
Road Design Factors in Sideswipe Crashes
Sideswipe crashes often point to lane design problems: faded lane markings, narrowing lanes that force drivers to merge without warning, confusing lane drops, and poor merge geometry. When two vehicles collide side-to-side while traveling in the same direction, the road layout is worth scrutinizing.
Poorly designed on-ramps and off-ramps are a common culprit. Short merge lanes that don't give drivers enough distance to match traffic speeds, combined with limited sight lines from curves or walls, create predictable crash patterns. If multiple sideswipe crashes have occurred at the same location, that pattern is evidence of a design deficiency.
This crash occurred late at night, when reduced visibility and higher speeds on empty roads combine to increase crash severity. Adequate street lighting, reflective lane markings, and proper signage are essential safety features during nighttime hours. Their absence is a design deficiency.
Were You Injured in This Crash?
If you or someone you love was hurt in this crash, our attorneys can help you understand your options. We handle cases on contingency, so you pay nothing unless we win.
Frequently asked questions
Common Questions About This Type of Crash
What are punitive damages in a drunk driving case?
Punitive damages go beyond compensating your losses. They're designed to punish the drunk driver and deter similar behavior. California Civil Code 3294 allows punitive damages when the defendant acted with "willful and conscious disregard" for others' safety. Driving drunk qualifies. These damages can significantly increase the total value of your case.
What is Dram Shop liability?
Under Business and Professions Code 25602.1, a bar, restaurant, or other establishment that serves alcohol to a visibly intoxicated person can be held liable if that person then causes a crash. This is called Dram Shop liability. It's especially important when the drunk driver doesn't carry enough insurance to cover your damages, because commercial establishments typically carry larger policies.
Does a DUI conviction help my civil injury case?
Yes. A DUI conviction or guilty plea is admissible evidence in your civil case and essentially proves the driver was negligent. You don't have to wait for the criminal case to finish before filing your civil claim. The two cases are completely separate proceedings with different standards of proof.
How do I know if my injuries are serious enough to file a claim?
There's no minimum injury threshold for filing a personal injury claim in California. If someone else's negligence caused your injuries and you have medical bills, lost wages, or pain and suffering, you likely have a valid claim. Many injuries that seem minor at first, like whiplash or soft tissue damage, can develop into chronic conditions. Get a medical evaluation and a legal consultation.
What is the government tort claim deadline of July 31, 2026?
If a government entity shares responsibility for this crash, whether through road design, a government vehicle, or maintenance failures, you must file a government tort claim within six months of the incident. For this crash, that deadline is July 31, 2026. This is separate from the two-year statute of limitations. Miss it and your claim against the government is gone permanently, even if the road design was clearly at fault.
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