Can I still file a claim if I was jaywalking in Alhambra?
Yes, you can still pursue a claim even if you were jaywalking when a driver hit you in Alhambra. California follows a pure comparative negligence rule, meaning your recovery is reduced by your percentage of fault, but your fault does not entirely bar your claim.
The driver who hit you may still be found partly responsible for the crash, and you could recover compensation for the portion of damages they caused. A court will determine each party's share of responsibility.
Where do pedestrian accident lawsuits get filed in Los Angeles County?
A personal injury lawsuit from an incident in Alhambra is generally filed in the Superior Court of California, County of Los Angeles. Under local court rules, these cases are assigned to the Northeast District's Personal Injury Hub department. The Pasadena Courthouse, located at 300 E Walnut St, Pasadena, CA 91101, serves this district.
This filing rule ensures cases are handled by the judicial district where the incident happened. Casa Legal Los Angeles regularly handles cases in the Pasadena Courthouse for clients in Alhambra and surrounding communities like Pasadena.
How long do I have to file a pedestrian accident claim?
Most personal injury claims, including those from pedestrian accidents, must be filed within two years from the date of injury, as set by California Code of Civil Procedure § 335.1. However, if your claim involves a city, county, or any other public agency, you must present a written claim to that entity within six months of the incident, according to California Government Code § 911.2, before you can file a lawsuit.
The law generally pauses the deadline while an injured person is a minor under California Code of Civil Procedure § 352. However, that pause does not apply to the six-month deadline for claims against public entities. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm like pain and suffering.
What should I do after a pedestrian accident?
- Get Medical Attention: Your health is the priority. Seek medical care immediately, even if your injuries seem minor. Follow all treatment advice from your doctors.
- Report the Accident: Call the police to the scene so they can create an official accident report. This report documents basic facts about the crash.
- Gather Information: If possible, collect the driver's insurance and contact information. Get contact information from any witnesses. Take photos of the scene, vehicle damage, and your injuries.
- Avoid Discussing Fault: Do not admit fault or make statements to the driver or their insurance company without speaking to a lawyer. Anything you say can be used against your claim.
- Contact a Lawyer: Speak with a lawyer who handles pedestrian accident claims. They can explain your rights and handle communications with insurance companies.
What kinds of pedestrian accident cases do you handle?
We represent people injured in many types of pedestrian accidents across Los Angeles County. This includes people hit by distracted drivers, drivers failing to yield at crosswalks, or drivers speeding through residential areas in Alhambra. Our firm also handles claims involving drivers who are under the influence of alcohol or drugs.
We help injured pedestrians recover for medical bills, lost wages, and pain and suffering. Whether you were hit while crossing Main Street or walking near your home in Alhambra, we can help you understand your legal options. Our attorneys also have experience with more complex claims, such as those involving catastrophic injuries or traumatic brain injuries.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we handle the legal process so you can focus on recovery. We investigate your accident, gather evidence, and manage communications with insurance companies on your behalf. We build your case to pursue the full compensation available under California law.
We explain every step of the process in plain language, keeping you informed without overwhelming you. We are dedicated to advocating for the rights of injured pedestrians throughout Alhambra and other Los Angeles communities like Glendale.
Frequently Asked Questions
What if the driver who hit me doesn't have insurance?
If the driver who hit you lacks insurance, you may still have options for recovery. Your own uninsured motorist (UM) coverage on your car insurance policy may cover your medical expenses and other damages. We investigate all potential sources of recovery, including UM coverage and other applicable policies, to ensure you pursue all available compensation.
How long does a pedestrian accident case take to resolve?
The time it takes to resolve a pedestrian accident case depends on many factors, including the severity of your injuries, the complexity of the crash, and whether the other party's insurance company is willing to settle fairly. Some cases resolve quickly through negotiation, while others may require filing a lawsuit and proceeding to trial, which can take longer. We work efficiently to move your case forward while protecting your rights.
Can I still get compensation if I was partly at fault for the accident?
Yes, you can still get compensation even if you were partly at fault for the accident. California uses a "pure comparative negligence" system. This means your compensation amount will be reduced by your percentage of fault, but you are not barred from recovery entirely. For example, if you are found 20% at fault, your total damages would be reduced by 20%.
What if my accident involved a public entity in Alhambra?
If your accident involved a public entity, such as a city bus or a poorly maintained public crosswalk in Alhambra, the deadline for filing a claim is much shorter. You must present a written claim to the government agency within six months of the injury under California Government Code § 911.2. Failing to meet this deadline can prevent you from pursuing your claim. It is important to contact a lawyer right away if a public entity is involved.
If you have been hurt in a pedestrian accident in Alhambra, get legal advice today. Call Casa Legal Los Angeles at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.