Hurt in a car or truck crash?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
Who is usually at fault
Most sideswipes happen when a driver changes lanes without enough room, drifts while distracted, or merges from an on-ramp without yielding. The driver who crossed the line usually carries the blame. Paint transfer, damage location, and video from dashcams or traffic cameras help show who moved into whom. Write down which lane each car was in.
California uses pure comparative fault, so each driver’s share of blame reduces their damages in proportion but does not bar recovery (Li v. Yellow Cab Co.). If both cars moved into the same lane at the same time, fault may be split. Motorcycles add another layer; see lane-splitting crashes. Each case turns on its own evidence.
Sideswiped by a truck
Big rigs have large blind spots along both sides. Many freeway sideswipes happen when a truck changes lanes into a car the driver could not see. That does not excuse the truck driver, who has to make sure the lane is clear. Read truck blind spot crashes for how these claims work.
Trucks also carry larger insurance policies. Federal rules require for-hire interstate carriers hauling ordinary freight in heavier trucks to carry at least $750,000 in public liability coverage (49 C.F.R. 387.9). The trucking company may also be responsible for its driver. Our California truck accident lawyer page has more. Get the carrier’s name from the truck door.
Free accident case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
If the other driver kept going
On the freeway, drivers sometimes sideswipe a car and keep going. A driver in a crash that causes injury must stop, share their information and offer reasonable help; leaving is a crime (Vehicle Code 20001). Write down the make, color, plate and direction, and call 911. Dashcam footage is especially valuable here.
Your own uninsured motorist coverage can cover a hit-and-run when the vehicle physically contacted you or your car and the crash was timely reported (Insurance Code 11580.2). That usually means reporting to police within 24 hours and giving your insurer a sworn statement within 30 days (Insurance Code 11580.2(b)). See hit and run in California.
What to do now
Get to a safe place, call 911 and get medical care. A sideswipe at freeway speed can spin a car or push it into a wall, and injuries may show up later. Take photos of both cars, paint marks and the lane where it happened. Get the other driver’s name, plate and insurance, plus witness names and phone numbers.
Ask for the CHP or police report, which the agency must release to drivers involved (Vehicle Code 20012); see how to get a police report. Save your dashcam footage. Write down your claim number and keep receipts. Do not sign a release or give a recorded statement before you talk to a lawyer.
Deadlines
Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure 335.1). A lawsuit over car damage generally must be filed within three years (Code of Civil Procedure 338). For a hit-and-run claim on your own policy, the 24-hour police report and other steps above come much sooner.
If you were sideswiped in Washington, the general injury lawsuit deadline there is three years (RCW 4.16.080). Call Beverly Law at (310) 552-6959 or use the form to talk about your crash. You owe no fees or costs unless we win. If a truck was involved there, see our Washington truck accident lawyer page as well.
Common questions
Who is at fault in a sideswipe accident on the freeway?
Usually the driver who left their lane or merged without room. When both drivers say the other moved, evidence like damage location, paint transfer, dashcam video and witnesses decides it. California’s comparative fault rule can split blame, and each share reduces recovery.
What if both cars merged into the same lane at once?
Fault is often split. Each driver had to make sure the lane was clear. Under California’s pure comparative fault rule, each driver’s share reduces their damages but does not bar recovery. Video and the position of the damage help decide the split.
What if I was sideswiped and the driver didn’t stop?
Call 911, report it, and write down anything you saw about the car. Your uninsured motorist coverage can apply to a hit-and-run with physical contact, if it is reported to police within 24 hours and you give your insurer a sworn statement within 30 days.
Can I make an injury claim after a freeway sideswipe?
Yes, if another driver caused it and you were hurt. Get medical care promptly and keep records. Most California injury lawsuits must be filed within two years. A lawyer can collect video and the police report and deal with the insurer for you.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
Sources
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- 49 C.F.R. § 387.9, Table 1
- Cal. Veh. Code §§ 20001(a)-(b), 20003(a)-(b)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
- Cal. Veh. Code § 20012
- Cal. Code Civ. Proc. § 335.1
- Cal. Code Civ. Proc. § 338(c)(1)
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.