Who Is Liable When a Drunk Driver Hits You in Sherman Oaks?

Arya Firoozmand, Esq. — Founding Partner

Local Sherman Oaks Injury Attorney · UCLA Law

Arya Firoozmand is the founding partner at L&F Brown. He grew up in the San Fernando Valley, graduated from El Camino Real High School and UCLA Law School, and has spent his career representing injured clients across the Valley — including Sherman Oaks and the 405 corridor.

When a drunk driver causes a crash in Sherman Oaks, the legal analysis of who is liable goes well beyond just the intoxicated driver. California law provides several avenues to pursue additional parties whose actions contributed to the harm you suffered. Identifying all potentially liable parties can significantly increase the total compensation available to you.

The Drunk Driver: Primary Liability

The drunk driver is the primary responsible party. By choosing to drive while impaired, they violated California Vehicle Code section 23152 and their fundamental duty of care to other road users. Their auto insurance is the primary source of compensation for your injuries, lost wages, and other damages.

In addition to the standard compensatory damages available in any personal injury case, California law allows victims to pursue punitive damages against drunk drivers. Courts have consistently recognized that driving under the influence is reckless conduct that justifies punitive damages, which are intended to punish the defendant and deter similar behavior.

Dram Shop Liability: The Bar or Restaurant That Overserved

California Civil Code section 1714 creates liability for alcohol vendors in certain circumstances. If a bar, restaurant, or other establishment in Sherman Oaks served alcohol to a visibly intoxicated person or to a minor, and that person later caused a crash, the establishment may share civil liability for the resulting harm.

Sherman Oaks has numerous bars and restaurants along Ventura Blvd and Van Nuys Blvd. If the driver who hit you was at one of these establishments before the crash and was served alcohol while visibly intoxicated, your attorney may have a valid dram shop claim against that business. This claim runs parallel to your claim against the driver and can significantly increase your total recovery, especially if the driver has minimal insurance or assets.

The Vehicle Owner

If the drunk driver was operating someone else's vehicle with the owner's permission, California's permissive use doctrine may make the vehicle owner liable as well. Additionally, if the owner knew the driver was intoxicated and allowed them to drive anyway, they may be independently negligent for entrusting the vehicle to an impaired person.

The Driver's Employer

If the drunk driver was operating a company vehicle or driving in the course of employment at the time of the crash, the employer may be vicariously liable. Employment does not excuse the driver's DUI, but it adds the employer as a potential additional defendant with commercial insurance coverage.

How Law Enforcement Records Establish Liability

LAPD Van Nuys Division and CHP will investigate DUI crashes thoroughly. Their reports will document field sobriety test results, blood alcohol content, arrest details, and observations about the driver's condition. A DUI arrest or conviction becomes powerful evidence in your civil case. Your attorney will obtain all available law enforcement records and coordinate with the criminal proceedings to leverage them in your favor.

Building a Complete Claim

Drunk driving accident cases require assembling evidence from multiple sources: police records from LAPD Van Nuys Division or CHP, bar and restaurant receipts and surveillance footage, the driver's criminal case file, medical records from Sherman Oaks Hospital or other treating providers, and expert testimony. A Sherman Oaks drunk driver accident lawyer coordinates all of this efficiently to build the strongest possible case.

If a drunk driver injured you in Sherman Oaks, contact L&F Brown serving Sherman Oaks today for a free consultation. We pursue every party responsible for your harm.