Can you still get compensation if you were hit by a car in Agoura Hills?
Yes, you can still pursue compensation even if the other driver claims you were partly at fault. California uses a "pure comparative negligence" rule. This means a court reduces your compensation by your percentage of fault, but your claim is not blocked entirely.
For instance, if a court decides you were 20% responsible for the accident, your total awarded damages would be reduced by 20%. California law allows you to recover for medical costs, lost earnings, and non-economic harm, even if you share some blame.
Where is a pedestrian accident claim from Agoura Hills filed?
If you suffered injuries in a pedestrian accident in Agoura Hills, your personal injury case will generally be filed in the Superior Court of California, County of Los Angeles. Under Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, such a case is assigned to the judicial district where the incident happened. For Agoura Hills, this means your case will be heard at the Van Nuys Courthouse East, located at 6230 Sylmar Ave, Van Nuys, CA 91401.
It is crucial to confirm the exact filing courthouse with an attorney, as catchment boundaries can change. Filing in the correct court district is an important first step.
How long do you have to file a pedestrian accident claim in Agoura Hills?
Most personal injury claims in California, including pedestrian accidents, must be filed within two years from the date of injury, as stated in California Code of Civil Procedure (CCP) § 335.1. However, if your claim is against a city, county, or other public agency involved in the Agoura Hills accident, you must present a written claim within six months of the injury under California Government Code (Gov. Code) § 911.2. Missing this six-month deadline can permanently bar your ability to sue that public entity.
The deadline is generally paused while an injured person is a minor (CCP § 352). However, that pause does not apply to claims against public entities. If you are injured, or your child is injured, consulting an attorney quickly helps you understand the specific deadline for your situation.
A pedestrian accident can result in significant injuries, including brain injuries. A personal injury claim aims to recover the full compensation available under California law for your medical treatment, lost income, and other damages.
What steps should you take after a pedestrian accident?
- Get Medical Attention: Your health is the priority. Seek immediate medical care for your injuries. Even if you feel fine, some injuries, like concussions or internal damage, may not show symptoms right away.
- Report the Accident: Notify law enforcement. A police report documents the scene and details of the collision, which can be valuable for your claim.
- Gather Information: If possible, collect contact information from the driver and any witnesses. Take photos of the accident scene, vehicle damage, and your injuries.
- Do Not Admit Fault: Avoid discussing fault with anyone at the scene or insurance adjusters. An insurance company might use your statements against you.
- Consult an Attorney: Speak with an attorney experienced in pedestrian accident law soon after the incident. They can help protect your rights and guide you through the process.
What kinds of pedestrian accident cases do you handle in Agoura Hills?
Our firm helps people injured in all types of pedestrian accidents in Agoura Hills. This includes cases where drivers fail to yield at crosswalks, make dangerous turns, or are distracted by phones. We also represent those hit by cars in parking lots or on sidewalks. A significant portion of these incidents involve issues like speeding, drunk driving, or driver inattention, often leading to severe injuries for the pedestrian.
Whether you were hit by a commercial vehicle, a private car, or a motorcycle, we investigate the facts to determine who is responsible. We have experience with similar cases in nearby cities like Paramount and Pasadena, and we understand the local factors that can influence pedestrian safety in Agoura Hills.
Our work also covers serious injuries that can arise from these crashes. For example, a pedestrian strike can result in traumatic brain injury, broken bones, or spinal damage. We work to ensure you get care for your specific injury.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having an advocate who understands the legal system and the unique challenges you face after an accident. We handle all communications with insurance companies, gather evidence, consult with medical experts, and prepare your case for negotiation or trial. We explain each step clearly and keep you informed of your case's progress.
Our focus is on securing the full compensation available for your medical bills, lost wages, pain and suffering, and other damages. We are dedicated to the residents of Agoura Hills and nearby communities like Lawndale and Glendale, ensuring they have access to dedicated legal representation. We handle cases for people injured in pedestrian accidents as well as those injured in car accidents or motorcycle accidents in Agoura Hills.
Frequently Asked Questions
What if the driver who hit me in Agoura Hills was uninsured?
If the driver who caused your pedestrian accident was uninsured, you might still have options for recovery. Your own automobile insurance policy may include uninsured motorist (UM) coverage, which could apply even if you were walking. We investigate all potential sources of recovery, including your personal insurance coverage or other liable parties.
How long does a pedestrian accident claim take in Los Angeles County?
The time it takes to resolve a pedestrian accident claim in Los Angeles County varies greatly depending on several factors. These include the severity of your injuries, the complexity of the accident, whether liability is disputed, and the willingness of the at-fault party's insurance company to negotiate fairly. Some cases settle relatively quickly, while others may require filing a lawsuit and proceeding to trial, which takes longer.
Can I still file a claim if I was jaywalking in Agoura Hills?
Yes, even if you were jaywalking, you might still have a claim. California's pure comparative negligence rule means that your own fault reduces your potential recovery but does not eliminate it entirely. A driver still has a duty to exercise reasonable care and avoid hitting pedestrians, regardless of where the pedestrian is on the road. The court will assess both your share of responsibility and the driver's.
Do I have to go to court for a pedestrian accident claim?
Not every pedestrian accident claim goes to court. Many cases are resolved through negotiation with the insurance companies involved. However, if a fair settlement cannot be reached, filing a lawsuit and proceeding to trial may be necessary to secure the compensation you deserve. An attorney will advise you on the best course of action for your specific situation.
After a pedestrian accident in Agoura Hills, you deserve clear answers and dedicated representation. Contact Casa Legal Los Angeles today for a consultation. Call us at 888-585-2529. No attorney's fees or case costs unless we win.