Who Is Liable for a Car Accident in Van Nuys?
After a car accident in Van Nuys, the first question most people have is: whose fault was this? Sometimes it's obvious. Someone ran a red light on Sherman Way and T-boned you. Other times it's not clear at all, maybe both drivers were changing lanes on Van Nuys Blvd and neither saw the other. Liability determines who pays, how much, and whether your claim moves forward. Here's how it actually works.
How Fault Is Determined in Van Nuys
Liability in a car accident starts with what happened and who had the right of way. In most Van Nuys crashes, the police report is the first document that assigns fault. If the accident happened on a city street like Victory Blvd, Sepulveda Blvd, or Van Nuys Blvd, LAPD Van Nuys Division responds and writes the report. If it happened on the 405, CHP has jurisdiction and produces the collision report.
That police report matters, but it doesn't end the conversation. The responding officer wasn't there when the crash happened. They're documenting what they see at the scene, what the drivers said, what witnesses told them, and the physical evidence like skid marks and vehicle positions. Insurance adjusters review that report, but they also conduct their own investigation. If the other driver's version of events contradicts yours, the adjuster will look at the physical evidence, any available camera footage, and witness statements to determine which account is more consistent.
Comparative Fault in California
California uses a pure comparative fault system, which means more than one person can be at fault for the same accident. If you were driving on Sherman Way and the other driver ran a stop sign but you were going 10 mph over the speed limit, a jury or insurance adjuster might assign 80% fault to them and 20% to you. Under pure comparative fault, you'd recover 80% of your total damages.
This system is more generous to injured people than many states. You can recover even if you were 99% at fault. But it also means the other driver's insurer will actively look for ways to shift blame onto you. They'll check whether you were on your phone, whether you were speeding, whether you failed to signal. Anything that adds fault to your side reduces what they have to pay.
Liability disputes are common in Van Nuys, particularly at busy intersections along Van Nuys Blvd where traffic signals, turning lanes, and pedestrian crosswalks create multiple potential points of fault. A Van Nuys car accident lawyer builds the evidence file that pushes the fault percentage where it belongs.
When Multiple Parties Are Liable
Not every crash involves just two drivers. Multi-vehicle collisions on the 405 are common, especially during stop-and-go traffic between the Sherman Way and Victory Blvd exits. If Driver A rear-ends Driver B, pushing Driver B into Driver C, there may be two or three at-fault parties. Each liable driver's insurer pays their proportional share.
Other situations where liability extends beyond the other driver:
Employer liability. If the driver who hit you was working at the time, driving a delivery van, a company truck, or running an errand for their employer, the employer may be liable under California's respondeat superior doctrine. Van Nuys has a heavy commercial vehicle presence along Sherman Way and in the industrial areas near the Van Nuys Airport. Delivery trucks, contractor vehicles, and fleet cars are everywhere during business hours.
Vehicle owner liability. If the at-fault driver was borrowing someone else's car, the vehicle owner's insurance is the primary policy that applies. This comes up frequently.
Product liability. If the crash was caused by a vehicle defect, a brake failure, tire blowout, or steering malfunction, the manufacturer or maintenance provider may bear liability. This is a separate claim from the standard car accident.
When the City or State Is Liable
Sometimes the crash wasn't caused by another driver. Maybe a pothole on Vanowen St caused you to lose control. Maybe a missing stop sign or malfunctioning traffic signal on Victory Blvd contributed to the collision. If a dangerous road condition caused or contributed to your crash, the government entity responsible for maintaining that road may be liable.
For streets within Van Nuys, that's the City of Los Angeles. For the 405 freeway, it's Caltrans. The critical difference: claims against government entities require you to file a government tort claim within six months of the accident, not the standard two-year statute of limitations. Miss that six-month window and your claim against the city or state is gone regardless of how clearly the road condition caused your crash.
Road condition cases require specific evidence, photos of the hazard, prior complaint records from the city, and documentation showing the government entity knew or should have known about the problem. Your attorney can submit a public records request to the City of LA or Caltrans to find out whether the dangerous condition had been reported before your crash.
How Evidence Preserves Your Liability Argument
Liability fights are won with evidence, not arguments. In Van Nuys, the most valuable types of evidence include:
Traffic camera footage. Several intersections along Van Nuys Blvd and Victory Blvd have traffic management cameras. These cameras don't all record, but some do. Nearby business security cameras are another source, especially along the commercial stretches of Sherman Way and Sepulveda Blvd. Footage gets overwritten in days, not weeks. Acting fast is essential.
The police or CHP report. As mentioned, the report assigns an initial fault assessment and captures witness statements. Get a copy as soon as it's available.
Witness statements. Other drivers, pedestrians, and business employees who saw the crash can provide independent accounts. Their value decreases with time as memories fade.
Vehicle damage patterns. Where the damage is on each vehicle tells a story about angle of impact, speed, and direction. Photograph everything before repairs begin.
Your own medical records. Going to Valley Presbyterian Hospital or your doctor immediately after the crash documents that you were hurt and when. Gaps in treatment create gaps in your case.
What Happens When Liability Is Disputed
If the other driver's insurer disputes fault, your claim may need to go to litigation. That means filing a lawsuit, which in Van Nuys routes through the Van Nuys Courthouse on Sylmar Ave. Most cases settle before trial, but the willingness to file and litigate is what forces insurers to negotiate seriously. An attorney who has tried cases at that courthouse knows how juries there evaluate credibility and evidence.
Disputed liability doesn't mean you can't recover. It means you need stronger evidence and better advocacy. If you're in this situation after a crash in Van Nuys, don't try to argue fault with an insurance adjuster on your own.
L&F Brown represents car accident victims throughout Van Nuys and the San Fernando Valley. Contact our Van Nuys personal injury team for a free consultation. We'll review the evidence and tell you honestly where liability stands.
Injured in Van Nuys? Talk to a local attorney, no fee unless we win.
Learn about our Van Nuys personal injury services →


