What mistakes ruin an Industry pedestrian accident claim?
Trying to handle things yourself, ignoring medical advice, or waiting too long to get legal help can all damage a pedestrian accident claim in Industry. After a pedestrian is hit by a car, there are specific steps that protect their right to recover medical costs and lost wages. Missing a deadline or providing incorrect information can lead to your claim being denied.
What does a pedestrian accident claim cover?
Pedestrian accident claims address injuries suffered by someone on foot who is hit by a vehicle. This includes incidents where a car hits a person walking, running, or cycling. The claim seeks to recover compensation for the harm caused by the driver's negligence.
If you were injured while walking near the Industry Metrolink Station or crossing a street in the city, the law allows you to seek funds for your medical treatment, lost income, and the pain and suffering you endured. For families who lost a loved one in a pedestrian accident, a wrongful death claim can help cover funeral expenses and other damages.
California law applies pure comparative negligence, meaning your recovery may be reduced by your own percentage of fault, but you can still collect even if you share some responsibility. Economic damages, like medical bills and lost earnings, remain joint and several. However, for non-economic damages, like pain and suffering, each defendant is only liable for their own share (Civ. Code § 1431.2(a)).
Where do I file a pedestrian accident lawsuit from Industry?
In Los Angeles County, a personal injury case arising from an incident in Industry 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 East District. The specific courthouse for Industry cases is the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766.
The Los Angeles court system manages personal injury claims through specific departments, ensuring specialized handling of these cases. An attorney confirms the precise filing location based on your specific facts, as court catchment boundaries can change.
How long do you have to file a pedestrian accident claim in California?
Most personal injury claims, including pedestrian accidents, must be filed within two years from the date of the injury (Cal. Code Civ. Proc. § 335.1). However, if your injury was caused by a city, county, or any other public agency, you must first present a written claim to that public entity within six months of the incident (Cal. Gov. Code § 911.2). Missing this six-month deadline almost always means you lose your right to sue that public entity.
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. So, if a minor is hit by a city bus in Industry, the six-month claim deadline still applies to the bus agency.
What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm. If you were hit by a car while walking in Industry, or if a loved one was, talking to an attorney soon helps protect your rights and meets these strict timelines.
What should you do after a pedestrian accident?
- Prioritize Medical Care: Seek immediate medical attention, even if your injuries seem minor. Some injuries may not be immediately apparent, and a medical record connects your injuries directly to the accident.
- Report the Accident: Contact the local police to create an official accident report. This report documents the scene and details provided by those involved and any witnesses.
- Collect Information: If you are able, get the driver's contact and insurance information, vehicle details, and the contact information for any witnesses. Take photos of the accident scene, vehicle damage, and your injuries.
- Do Not Speak to Insurance Companies: Avoid giving recorded statements or signing anything from the at-fault driver's insurance company without first speaking to your own attorney. They may try to minimize your claim.
- Consult an Attorney: Reach out to a personal injury attorney as soon as possible. An attorney can explain your rights, investigate the accident, and handle communications with insurance companies on your behalf. Our firm handles a variety of injury cases, from car accidents to catastrophic injuries.
Frequently Asked Questions
What if I was partially at fault for the accident?
California operates under a pure comparative negligence system. This means that even if you were partly to blame for the accident, you can still recover damages. Your total compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible for the accident, your total recovery will be reduced by 20%.
Can I still file a claim if the driver who hit me doesn't have insurance?
Yes, you may still be able to recover compensation even if the at-fault driver is uninsured. If you have uninsured motorist (UM) coverage on your own auto insurance policy, you can typically file a claim with your own insurance company. You may also explore other avenues for recovery, which an attorney can discuss with you.
How long will my pedestrian accident case take?
The duration of a pedestrian accident case varies widely depending on several factors, including the severity of your injuries, the complexity of the accident, and the willingness of the at-fault party's insurance company to settle. Some cases resolve in a few months, while others can take over a year if a lawsuit must be filed. Many cases for pedestrian accident victims in Paramount or Pasadena take time to fully assess all damages.
What if I was hit by a government vehicle or on public property in Industry?
If the accident involved a government vehicle, a public employee, or occurred due to a hazard on public property, you must file a formal claim with the specific government entity within six months of the incident (Cal. Gov. Code § 911.2). This deadline is very strict, and missing it almost always bars you from pursuing your claim. An attorney can help prepare and submit this claim correctly.
A pedestrian accident can turn your life upside down, bringing medical bills, lost wages, and pain. You don't have to face the aftermath alone. Contact Casa Legal Los Angeles for a free consultation. Call us at 888-585-2529 today. No attorney's fees or case costs unless we win.