Is a driver always at fault when a pedestrian is hit in La Habra Heights?
No, a driver is not automatically at fault if they hit a pedestrian in La Habra Heights. California law follows a pure comparative negligence system, meaning fault can be shared between a driver and a pedestrian.
Even if you share some responsibility for a pedestrian accident, you can still pursue compensation for your injuries. A judge or jury will determine each party's percentage of fault, and your recovery will be reduced by your share. For instance, if you were 20% at fault, your total damages would be reduced by 20%.
What kinds of pedestrian accident cases do we handle in La Habra Heights?
We represent people injured in many types of pedestrian accidents throughout La Habra Heights. These often involve cars, trucks, motorcycles, and other vehicles colliding with individuals walking, jogging, or standing near roadways.
Pedestrian accidents can lead to severe injuries, including broken bones, spinal cord injuries, and traumatic brain injuries. We also handle cases involving wrongful death, where a pedestrian fatally succumbs to their injuries. Each case requires a thorough investigation to understand what happened and who was responsible. If you need help with a brain injury claim in La Habra Heights, we can help.
How long do you have to file a pedestrian accident claim in Los Angeles County?
Most California personal injury claims, including those from pedestrian accidents, must be filed within two years (Cal. Code Civ. Proc. § 335.1). This two-year period generally begins from the date of the injury. However, if your claim is against a city, county, or public agency, you have a much shorter deadline.
A written claim against a public entity, such as the City of La Habra Heights or Los Angeles County, must be presented within six months of the accident (Cal. Gov. Code § 911.2). This six-month deadline applies to claims involving death or injury to a person. Failing to meet this short deadline can permanently bar your right to sue.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352). However, that pause does not apply to claims against public entities. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm. Learn more about California pedestrian accident laws at our Los Angeles Pedestrian Accident Attorney hub.
What should you do after a pedestrian accident?
- Seek Medical Attention Immediately: Your health is the priority. Get checked by a doctor even if you feel fine; some injuries are not immediately apparent. Keep records of all medical visits and treatments.
- Report the Accident: Contact the Los Angeles County Sheriff's Department or local law enforcement to report the incident. A police report can be valuable evidence.
- Gather Information: If possible and safe, collect contact and insurance information from the driver. Also, get names and phone numbers of any witnesses. Take photos of the accident scene, vehicle damage, your injuries, and any relevant road conditions in La Habra Heights.
- Do Not Admit Fault: Avoid making statements that admit responsibility for the accident, even to insurance adjusters. Stick to the facts.
- Contact a Pedestrian Accident Attorney: Consult with a personal injury lawyer as soon as you can. An attorney can explain your rights, investigate your claim, and ensure you meet critical deadlines, especially for claims against public entities.
Where are La Habra Heights pedestrian accident lawsuits filed?
In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred. Your La Habra Heights pedestrian accident claim will generally be assigned to that district's Personal Injury Hub department.
For La Habra Heights, this means your case would typically be filed at the Superior Court of California, County of Los Angeles, Southeast District, specifically at the Norwalk Courthouse. The Norwalk Courthouse is located at 12720 Norwalk Blvd, Norwalk, CA 90650. Los Angeles County Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024) govern this filing rule.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we handle all aspects of your pedestrian accident claim. This means we investigate the accident, gather evidence, communicate with insurance companies, and negotiate for the full compensation available under California law.
Our focus is on your recovery while we pursue your legal rights. We build strong cases, preparing them as if they are going to trial, which often leads to more favorable out-of-court resolutions. From the initial consultation to the final resolution, our firm stands by you, explaining each step and fighting for your best interests in La Habra Heights. For example, our team also helps clients with car accident claims in La Habra Heights.
Frequently Asked Questions
What if I was partially at fault for the accident?
California operates under a "pure comparative negligence" rule. This means that if you are found to be partially responsible for a pedestrian accident, your compensation will be reduced by your percentage of fault. For example, if a court determines you were 10% at fault, your total damages would be reduced by 10%. You can still recover even if you share some blame.
What kind of compensation can I seek after a pedestrian accident?
After a pedestrian accident, you can seek compensation for economic and non-economic damages. Economic damages cover verifiable losses like medical expenses (past and future), lost wages, and property damage. Non-economic damages address more subjective losses such as pain and suffering, emotional distress, and loss of enjoyment of life. What a claim is worth depends on the specific facts.
How long does a pedestrian accident claim take to resolve?
The time it takes to resolve a pedestrian accident claim varies greatly depending on the complexity of the case, the severity of your injuries, and whether a settlement can be reached or if the case goes to court. Simpler cases with clear liability and minor injuries may settle within months, while complex cases involving severe injuries or disputes over fault can take a year or more. Deadlines have exceptions and must be confirmed with an attorney for your own facts.
Do I need a lawyer if the insurance company offers a settlement?
It is always wise to consult with an attorney before accepting any settlement offer from an insurance company. Insurance adjusters represent their company's interests, not yours. An attorney can evaluate the offer to ensure it fully covers all your current and future damages. Accepting an initial lowball offer could leave you without adequate compensation, especially if your injuries prove more severe or long-lasting than initially thought. We also represent clients for motorcycle accident claims in La Habra Heights.
If you or a loved one has been injured in a pedestrian accident in La Habra Heights, contact Casa Legal Los Angeles today. We offer a free consultation to discuss your case and explain your legal options. Call us at 888-585-2529. No attorney's fees or case costs unless we win.