Who pays for my medical bills after a pedestrian accident in Brea?
If you were hit by a car while walking in Brea, the driver's insurance company typically pays your medical bills and other losses, up to the limits of their policy. If the driver is uninsured or underinsured, your own car insurance policy (if you have one) may cover you through uninsured motorist (UM) or underinsured motorist (UIM) coverage, even though you were walking.
Where do I file a personal injury claim if I was hurt in Brea?
A personal injury claim arising from an accident in Brea is filed in the Superior Court of California, County of Orange. The courthouse for these types of claims is generally the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. Since Brea is in Orange County, not Los Angeles County, any claim arising here will be processed by the Orange County court system.
How long do I have to file a pedestrian accident lawsuit in California?
Most personal injury lawsuits, including pedestrian accidents, must be filed within two years from the date of the injury under California Code of Civil Procedure § 335.1. However, if your claim is against a city, county, or any public agency, you must present a written claim to that entity within six months of the injury, as required by California Government Code § 911.2. Failing to meet this shorter deadline can prevent you from filing a lawsuit later.
What a claim is worth depends on the specific facts, but California law allows recovery for medical costs, lost earnings, and non-economic harm such as pain and suffering. If the injured person was a minor, the two-year deadline for filing a lawsuit is generally paused under California Code of Civil Procedure § 352 until they turn 18. However, this pause does not apply to the six-month deadline for claims against public entities.
What steps should I take after a pedestrian accident?
- Seek Medical Attention Immediately: Even if you feel fine, get checked by a doctor. Some injuries, like concussions or internal bleeding, may not show symptoms right away.
- Report the Accident: Call 911 to ensure a police report is made. This report can provide valuable details about the crash.
- Gather Information: If you are able, get the driver's name, insurance information, license plate number, and contact information for any witnesses. Take photos of the scene, your injuries, and the vehicles involved.
- Do Not Speak to Insurance Adjusters: Do not give a recorded statement or sign any documents from the other driver's insurance company without talking to an attorney first. They may try to minimize your claim.
- Contact a Lawyer: An attorney can help you understand your rights and the deadlines that apply to your case. The attorneys at Casa Legal Los Angeles focus on personal injury and employment law, and can explain your options.
What kinds of cases do pedestrian accident attorneys handle?
Pedestrian accident attorneys handle a variety of situations where a person on foot is injured by a motor vehicle. This includes accidents where a driver fails to yield at a crosswalk, makes an unsafe turn, or drives while distracted. Our firm represents individuals who have suffered serious injuries from these types of incidents, including those with head trauma, broken bones, and spinal cord injuries. We also assist families in Brea with wrongful death claims if a loved one was killed in a pedestrian accident.
We work with individuals throughout Southern California, including residents of nearby cities like Paramount and Pasadena, to pursue the full compensation available under California law. If you suffered a traumatic brain injury in a pedestrian accident, our team can help evaluate your options. Learn more about brain injury claims here: Brea Traumatic Brain Injury Attorney. If you were hurt in a motorcycle accident, we also handle those claims: Brea Motorcycle Accident Attorney.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, your attorney will investigate your accident, gather evidence, and handle communications with insurance companies. We prepare your claim, negotiate for a fair settlement, and if necessary, represent you in court. Our goal is to recover compensation for your medical expenses, lost wages, and pain and suffering. We focus on personal injury and employment law, so you get representation from a firm dedicated to these specific areas.
The firm also assists clients with wrongful death claims, which are distinct from personal injury claims. For more information on those claims, visit our page on Brea wrongful death attorneys.
Frequently Asked Questions
What is "comparative negligence" in a California pedestrian accident?
California operates under a "pure comparative negligence" rule. This means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you were jaywalking but the driver was speeding, you might still recover damages, but the amount would be lowered to reflect your share of responsibility.
Can I still file a claim if I was hit by a driver who fled the scene?
Yes, even if the driver fled, you may still be able to recover compensation. Your own uninsured motorist (UM) coverage on your car insurance policy often covers hit-and-run accidents, even if you were on foot. It is important to report the incident to the police and your insurance company as soon as possible.
How does MICRA affect my pedestrian accident claim?
MICRA (Medical Injury Compensation Reform Act) limits non-economic damages in medical malpractice cases, but it does not apply to typical pedestrian accident claims where the at-fault party is not a healthcare provider. Therefore, if you were hit by a car in Brea, your non-economic damages for pain and suffering are not capped by MICRA.
What if the accident happened on public property in Brea, like a city sidewalk?
If your pedestrian accident in Brea occurred due to a dangerous condition on public property, you generally must file a claim with the responsible public entity (like the City of Brea or Orange County) within six months of the injury. This is a strict deadline, and different rules apply compared to claims against private individuals. An attorney can help determine the responsible entity and ensure your claim is filed correctly and on time.
A pedestrian accident can turn your life upside down, leaving you with injuries, medical bills, and lost income. Casa Legal Los Angeles is here to help you understand your rights. No attorney's fees unless we win — and no case costs either. Call us today at 888-585-2529 for a confidential discussion about your pedestrian accident in Brea.