Is the driver always at fault when a pedestrian is hit in Garden Grove?
No, a driver is not always entirely at fault when a pedestrian accident happens in Garden Grove. California follows a pure comparative negligence rule, meaning fault can be divided between all parties involved, including the pedestrian. Even if you were partly at fault, you could still recover compensation, reduced by your percentage of responsibility.
What kinds of accidents does a Garden Grove pedestrian accident lawyer handle?
A pedestrian accident lawyer in Garden Grove handles claims arising when a person on foot is hit by a vehicle. This includes incidents where pedestrians are struck in crosswalks, on sidewalks, or while walking alongside roads. These cases often involve serious injuries because pedestrians have no protection against the impact of a car, truck, or motorcycle. We help people injured in Garden Grove pedestrian accidents pursue the full compensation available under California law for their medical costs, lost earnings, and non-economic harm.
How long do you have to file a pedestrian accident claim in California?
Most California personal injury claims, including pedestrian accidents, must be filed within two years under California Code of Civil Procedure § 335.1. However, if a public entity like the City of Garden Grove or Orange County is involved, you must present a written claim within six months from the date of injury, as required by California Government Code § 911.2. The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm.
What should you do after a pedestrian accident in Garden Grove?
- Get medical attention. Your health is the priority. Seek immediate care for any injuries, even if they seem minor. A doctor's evaluation creates an official record of your injuries.
- Report the accident. Call 911 to ensure a police report is filed. This report documents the scene and helps establish facts.
- Gather information. If you can, collect contact details from witnesses and the driver. Take photos or videos of the accident scene, vehicle damage, your injuries, and any road conditions.
- Do not give a recorded statement. An insurance adjuster will likely call you. You do not need to give a recorded statement without first speaking with an attorney.
- Contact an attorney. Before you talk to insurance companies or sign any documents, consult with an attorney who understands pedestrian accident law. This helps protect your rights and your claim.
Where is a pedestrian accident claim from Garden Grove filed?
A personal injury claim arising from a pedestrian accident in Garden Grove is generally filed in the Superior Court of California, County of Orange. Garden Grove is in Orange County, not Los Angeles County. The appropriate courthouse for most civil cases in Orange County is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. This is where your lawsuit would proceed if it cannot be resolved through negotiation.
What does working with a pedestrian accident firm involve?
When you work with Casa Legal Los Angeles for a pedestrian accident in Garden Grove, we handle the details so you can focus on recovery. We investigate your accident, gather evidence, communicate with insurance companies, and work to determine who is responsible. Our goal is to pursue the compensation you need to cover your medical bills, lost income, and other damages. We have experience with pedestrian accident claims, and we are ready to fight for you. We also handle other personal injury matters, including personal injury cases throughout the region.
Frequently Asked Questions
What if I was partly to blame for my pedestrian accident in Garden Grove?
Even if you were partly to blame for your pedestrian accident in Garden Grove, you may still recover compensation. California uses a "pure comparative negligence" system. This means your compensation would be reduced by your percentage of fault. For example, if you were found 20% at fault, your total damages would be reduced by 20%.
What if the driver who hit me in Garden Grove was uninsured?
If the driver who hit you in Garden Grove was uninsured, your options depend on your own insurance policy. If you have uninsured motorist (UM) coverage, your own policy might cover your medical expenses and other damages. It is important to review your policy details or discuss this with an attorney to understand your specific coverage.
How long does it take to settle a pedestrian accident case in Orange County?
The time it takes to settle a pedestrian accident case in Orange County varies greatly. Simple cases with clear liability and minor injuries might settle in a few months, while more complex cases involving serious injuries, disputes over fault, or large compensation amounts can take a year or longer, sometimes even proceeding to trial. The courthouse for such claims is typically the Central Justice Center in Santa Ana.
What types of compensation can I seek after a Garden Grove pedestrian accident?
After a pedestrian accident in Garden Grove, you can seek compensation for various damages. This typically includes economic damages like medical expenses (past and future), lost wages, and loss of earning capacity. You can also seek non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. The specific amounts depend on the facts of your individual case.
A pedestrian accident can turn your life upside down. If you or a loved one were injured in Garden Grove, contact Casa Legal Los Angeles today for a free case review. Call us at 888-585-2529. No attorney's fees unless we win — and no case costs either.