What if the driver who hit me in Bell Gardens had no insurance?
If you were hit by an uninsured driver in Bell Gardens, your own insurance policy's uninsured motorist (UM) coverage is usually the primary source for your recovery. This coverage helps pay for your medical bills, lost wages, and other damages when the at-fault driver has no insurance or insufficient coverage.
Where does a pedestrian accident claim from Bell Gardens get filed?
A personal injury case resulting from a pedestrian accident in Bell Gardens is generally filed in the Superior Court of California, County of Los Angeles. Under local court rules (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024), these cases are assigned to the judicial district where the incident occurred, specifically to that district's Personal Injury Hub department. Most claims in Los Angeles County are handled at the Stanley Mosk Courthouse, located at 111 N Hill St, Los Angeles, CA 90012.
How long do you have to file a pedestrian accident claim in California?
Most personal injury claims in California, including pedestrian accident claims, must be filed within two years from the date of the injury (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a city, county, or any public agency, you must present a written claim to that entity within six months of the incident (Cal. Gov. Code § 911.2) before you can file a lawsuit. If an injured person is a minor, the general two-year deadline is typically paused (Cal. Code Civ. Proc. § 352), but this pause does not apply to the six-month deadline for claims against public entities. California law allows recovery for medical costs, lost earnings, and non-economic harm like pain and suffering.
What should you do after a pedestrian accident?
- Ensure Your Safety and Seek Medical Attention: Move to a safe location if you can, and always call 911 immediately to report the accident and get medical help, even if your injuries seem minor. Some injuries appear later.
- Report the Accident to Law Enforcement: Wait for police to arrive and create an official accident report. This report documents key details like the date, time, location, and parties involved, which is important for your claim.
- Gather Information: If possible, collect contact and insurance details from the driver, and contact information from any witnesses. Take photos of the scene, vehicle damage, your injuries, and any relevant traffic signals or road conditions.
- Do Not Discuss Fault: Avoid discussing fault with anyone at the scene, including the driver or insurance adjusters. Any statements you make could be used against you later.
- Contact a Personal Injury Attorney: An attorney can help you understand your rights and the deadlines that apply to your case. They can also handle communication with insurance companies.
What kinds of cases do pedestrian accident attorneys handle?
Pedestrian accident attorneys handle a broad range of cases where someone on foot is injured by a motor vehicle, bicycle, or other hazard. This includes situations where drivers fail to yield at crosswalks, make unsafe turns, or are distracted. Pedestrian accidents often result in severe injuries, such as broken bones, spinal cord injuries, or even traumatic brain injuries. For specific support in the Bell Gardens area, our attorneys also assist with Bell Gardens traumatic brain injury cases and Bell Gardens wrongful death claims.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means our team handles the legal complexities of your pedestrian accident claim while you focus on recovery. We investigate the accident, gather evidence, identify responsible parties, and communicate with insurance companies on your behalf. Our goal is to pursue the full compensation available under California law for your medical expenses, lost income, and other damages. We are a firm that focuses exclusively on personal injury and employment law. Our services extend throughout the Los Angeles area, including neighboring communities like Paramount, Pasadena, and Lawndale, ensuring injured pedestrians across the region have access to dedicated legal help.
Frequently Asked Questions
What is "comparative negligence" in California pedestrian accidents?
In California, comparative negligence means that even if you were partly at fault for the accident, you can still recover damages, though your compensation will be reduced by your percentage of fault. For example, if you are found 10% responsible, your total damages would be reduced by 10%. California uses a pure comparative negligence system, meaning there's no limit to how much fault you can bear and still recover some damages.
Can I still file a claim if the driver fled the scene of the accident?
Yes, you can still file a claim if the driver fled the scene. In such hit-and-run situations, your own uninsured motorist (UM) coverage would typically apply. It is important to report the incident to the police immediately to document the hit-and-run. Your attorney can then help you pursue a claim through your own insurance policy. This is similar to how claims are handled if a driver had no insurance.
What if I was hit by a government vehicle in Bell Gardens?
If you were hit by a government vehicle in Bell Gardens, such as a city bus or a police car, you must follow specific rules. California law requires you to present a formal written claim to the responsible government entity within six months of the accident (Cal. Gov. Code § 911.2). This deadline is strict and does not generally get paused for minors, unlike other personal injury claims. Missing this deadline can prevent you from pursuing your case, so consult an attorney immediately.
What types of compensation can I seek after a pedestrian accident?
After a pedestrian accident, California law allows you to seek compensation for various damages. These commonly include economic damages, such as medical expenses (both past and future), lost wages or earning capacity, and property damage. You can also claim non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. What a claim is worth depends on the specific facts of each case.
If you were injured in a pedestrian accident in Bell Gardens, call Casa Legal Los Angeles today for a free consultation. You can reach us at 888-585-2529. No attorney's fees or case costs unless we win.