Does a pedestrian always have the right of way in El Segundo, California?
No, a pedestrian does not always have the right of way. While California law often gives pedestrians priority, drivers and pedestrians both have a duty to act safely on the road. A pedestrian accident claim in El Segundo considers who was at fault and by how much, even if a driver violated a traffic law.
California follows a pure comparative negligence rule, meaning even if you shared some fault for the accident, you can still recover damages reduced by your percentage of responsibility. For example, if a jury finds you 20% at fault for stepping into a crosswalk against a signal, your total recovery will be reduced by 20%. Our firm helps injured pedestrians in El Segundo understand how shared fault might affect their claim.
What types of pedestrian accident cases does Casa Legal Los Angeles handle in El Segundo?
Casa Legal Los Angeles represents individuals injured in various pedestrian accidents in El Segundo. This includes accidents caused by distracted drivers, drivers failing to yield at crosswalks, drivers ignoring traffic signals, or drivers speeding through residential areas. We also handle incidents where dangerous road conditions, poor lighting, or obscured signage contributed to a pedestrian's injury.
Whether you were hit in a crosswalk, on a sidewalk, or by a vehicle backing out of a driveway, we investigate the cause and determine who is responsible. Pedestrian accidents can lead to severe injuries, from broken bones to traumatic brain injuries. Our El Segundo catastrophic injury attorneys represent those suffering serious harm. If a large truck was involved, our El Segundo truck accident injury attorneys have specific experience with those complex cases.
How long do you have to file a pedestrian accident lawsuit in El Segundo, and what can you 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 is against a city, county, or public agency in El Segundo, you must present a written claim within six months (Cal. Gov. Code § 911.2). Missing these deadlines means you lose your right to sue.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352). However, this pause does not apply to claims against public entities. A child injured by a public bus or school district in El Segundo still faces the six-month deadline.
California law allows injured pedestrians to pursue full compensation for their losses. This can include past and future medical expenses, lost wages, and non-economic damages for pain, suffering, and emotional distress. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings and non-economic harm. For those suffering severe head injuries, a brain injury lawyer in El Segundo understands the unique long-term costs involved.
What should you do after a pedestrian accident in El Segundo?
- Seek immediate medical attention. Even if you feel fine, some injuries might not show symptoms right away. A prompt medical evaluation creates an official record of your injuries.
- Report the accident. Call 911 to ensure a police report is made. This report can provide valuable details about the incident.
- Gather evidence at the scene. If you are able, take photos of the accident scene, vehicle damage, your injuries, and any contributing factors like road conditions. Get contact information from witnesses.
- Do not admit fault or give recorded statements. Avoid discussing fault with anyone at the scene or with insurance adjusters. They may use your words against you.
- Contact a pedestrian accident attorney. An El Segundo attorney can help you understand your rights and the steps needed to protect your claim. For instance, an attorney can help you meet the tight deadlines for filing a claim against a public entity.
Where do you file a pedestrian accident claim from El Segundo?
In Los Angeles County, a personal injury case arising from an incident in El Segundo is generally filed in the judicial district where the incident occurred. Such cases are assigned to that district's Personal Injury Hub department (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024). This means your claim would typically be filed at the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503.
This rule ensures that cases are heard in the appropriate local courthouse. Filing an accident claim against a driver from El Segundo, or for an incident that happened within the city limits, generally means your case will proceed in the Southwest District of the Superior Court of California, County of Los Angeles.
What does working with Casa Legal Los Angeles involve?
When you choose Casa Legal Los Angeles for your pedestrian accident claim, you partner with a team dedicated to your recovery. We start by investigating your accident thoroughly, gathering evidence, and identifying all responsible parties. This includes reviewing police reports, medical records, witness statements, and any available video footage. We handle all communications with insurance companies, protecting you from tactics designed to minimize your claim.
Our focus is on securing the full compensation available under California law for your medical bills, lost income, and pain and suffering. We prepare your case for trial, though many cases settle through negotiation. Whether it's a claim in El Segundo or a similar situation in Lawndale or Pasadena, our approach prioritizes your needs. We take the burden of the legal process off your shoulders so you can focus on healing.
Frequently Asked Questions
What if the driver who hit me in El Segundo does not have insurance?
If the driver who caused your pedestrian accident in El Segundo is uninsured, you may still have options for recovery. Your own uninsured motorist (UM) coverage, if you have it as part of your auto insurance policy, can often cover your damages. We investigate all potential insurance coverages, including yours, to ensure you pursue available compensation.
Can I still get compensation if I was partially at fault for the accident?
Yes, California's pure comparative negligence rule means you can still recover damages even if you were partially at fault. Your total compensation will be reduced by your percentage of fault. For example, if a jury determines you were 10% responsible for the accident, your recoverable damages would be reduced by 10%. This principle applies to pedestrian accidents across Los Angeles County, from El Segundo to Paramount or elsewhere.
What kinds of evidence are important in a pedestrian accident claim?
Key evidence in a pedestrian accident claim includes the police report, medical records documenting your injuries, photographs of the accident scene and your injuries, witness statements, and any surveillance video from nearby businesses or traffic cameras. Information about the driver, their vehicle, and their insurance is also crucial. We help collect and preserve this evidence to build a strong case.
How does the six-month deadline for public entity claims affect an El Segundo pedestrian accident?
If you are hit by a city vehicle, a county bus, or on property maintained by a government agency in El Segundo, you must present a formal claim to that public entity within six months of the injury (Cal. Gov. Code § 911.2). This deadline is strict and unlike the two-year deadline for claims against private individuals. Failure to file this initial claim on time typically bars you from filing a lawsuit later, even if the accident involves a minor. We can help you identify if a public entity is involved and file the necessary paperwork promptly.
After a pedestrian accident in El Segundo, you need strong legal representation. Casa Legal Los Angeles offers dedicated support to injured pedestrians across Los Angeles County, including those in Alhambra. Call us today at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.