Is the driver always at fault when a pedestrian is hit in Duarte?
No, the driver is not always entirely at fault when a pedestrian accident occurs in Duarte. California follows a pure comparative negligence rule, which means that fault can be shared between the driver and the pedestrian.
A pedestrian who is partially at fault for an accident may still recover damages, but their compensation will be reduced by their percentage of fault. For example, if you are found 20% responsible for the accident, your financial recovery will be reduced by 20%.
What types of pedestrian accident cases do you handle for Duarte residents?
We represent individuals injured in many kinds of pedestrian accidents throughout Duarte and Los Angeles County. This includes people hit by cars while walking, jogging, or crossing streets, whether in designated crosswalks or elsewhere.
We also assist those injured by distracted drivers, drivers who fail to yield, or incidents involving hazardous road conditions that contribute to a collision. Our focus is on helping people recover after serious injuries, like those that require long-term care, which are often considered catastrophic injuries. If a pedestrian accident results in a fatality, we also assist families with wrongful death claims.
How long do I have to file a pedestrian accident claim in Duarte, and what can I recover?
Most personal injury claims in California, including pedestrian accidents, must be filed within two years from the date of injury (Cal. Code Civ. Proc. § 335.1). However, if your claim involves a city, county, or any other public agency in Duarte, you must present a written claim to that public entity within six months of the accident (Cal. Gov. Code § 911.2).
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352), but that pause does not apply to claims against public entities. Missing these deadlines can permanently prevent you from seeking compensation.
California law allows for recovery of economic damages, which include medical expenses, lost wages, and property damage. You can also seek non-economic damages for physical pain, emotional suffering, disfigurement, and loss of enjoyment of life.
What steps should I take after a pedestrian accident in Duarte?
- Seek medical attention: Your health is the first priority. Even if you feel fine, some injuries may not be immediately apparent. A medical record from a doctor or hospital is also important documentation for any future claim.
- Report the incident: Contact the local authorities in Duarte to ensure an official police report is made. This report can provide key details about the accident.
- Gather information: If possible, collect contact information from the driver and any witnesses. Take photos or videos of the accident scene, vehicle damage, your injuries, and any relevant road conditions.
- Avoid discussing fault: Do not admit fault or make statements that could be interpreted as admitting fault to anyone at the scene, including the driver or insurance adjusters.
- Contact a lawyer: Speak with a pedestrian accident attorney who understands California personal injury law. They can help you protect your rights and guide you through the process, especially given the short six-month deadline for claims against public entities.
Where is a pedestrian accident claim from Duarte filed?
A personal injury case involving a pedestrian accident in Duarte is generally filed in the Superior Court of California, County of Los Angeles. Under LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, cases are filed in the judicial district where the incident occurred and are then assigned to that district's Personal Injury Hub department.
For Duarte, which is in the Northeast District, this means your case would be assigned to the Pasadena Courthouse. The Pasadena Courthouse is located at 300 E Walnut St, Pasadena, CA 91101. For specific types of claims, like those against the city of Duarte or Los Angeles County, the claims process starts with the public entity's six-month deadline before a lawsuit can be filed.
Knowing the correct court and procedures is important for your case, just as it is for accident victims in nearby communities like Alhambra or Pasadena.
What does working with Casa Legal Los Angeles involve?
Working with us means we handle the legal complexities so you can focus on your recovery. Our first step is to listen to your story and understand the full impact of the pedestrian accident on your life. We gather evidence, interview witnesses, obtain medical records, and communicate with insurance companies on your behalf.
Our firm concentrates on personal injury and employment law, giving us a deep understanding of California statutes and local court procedures in Los Angeles County. We pursue the full compensation available under California law for your medical bills, lost income, and pain and suffering. We also work with residents in neighboring cities like Paramount who have been injured as pedestrians.
Frequently Asked Questions
What if the driver who hit me in Duarte was uninsured?
If the driver was uninsured, your options depend on your own auto insurance policy. If you carry uninsured motorist (UM) coverage, your own policy may cover your damages up to your policy limits. An attorney can help you determine the best course of action and explore all available avenues for recovery under California law.
Can I still file a claim if I was partially at fault for the accident?
Yes, you can still file a claim even if you were partially at fault for the pedestrian accident in Duarte. California's pure comparative negligence rule allows you to recover damages, but the amount will be reduced by your percentage of fault. For example, if a jury finds you 25% responsible, your total compensation would be reduced by 25%.
Do I have to go to court for a pedestrian accident claim?
Many pedestrian accident claims settle without going to trial. However, the decision to settle or go to court depends on various factors, including the severity of your injuries, the clarity of fault, and the willingness of the insurance company to offer fair compensation. We prepare every case as if it will go to court to ensure we are ready to fight for your rights if a settlement cannot be reached.
What if my pedestrian accident in Duarte involved a public bus or city vehicle?
If your accident involved a public bus or city vehicle in Duarte, the claim process changes significantly. You must present a formal written claim to the responsible government entity within six months of the accident date (Cal. Gov. Code § 911.2). Failing to meet this strict deadline almost always bars you from pursuing compensation later. This process is different from claims against private parties and requires specific steps.
If you have been injured in a pedestrian accident in Duarte, contact Casa Legal Los Angeles today. Call 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win.