Where is a Lancaster pedestrian accident lawsuit filed?
A pedestrian accident lawsuit in Lancaster is generally filed in the Superior Court of California, County of Los Angeles. Los Angeles County Local Rule 2.3 and a General Order effective May 17, 2024, state that personal injury cases are filed in the judicial district where the incident happened. For incidents within Lancaster, this means the case goes to the North District's Personal Injury Hub department.
The specific courthouse for Lancaster matters is the Michael D. Antonovich Antelope Valley Courthouse. This courthouse is located at 42011 4th St West, Lancaster, CA 93534.
What kinds of pedestrian accident cases do you handle in Lancaster?
We represent people injured in many types of pedestrian accidents across Lancaster. This includes accidents where a car, truck, motorcycle, or bus hits someone walking, running, or jogging. We also help those hurt by distracted drivers, drivers who fail to yield, or those who disregard traffic signals.
Often, these accidents leave people with serious injuries, such as traumatic brain injuries, spinal cord damage, broken bones, or extensive soft tissue injuries. Whether the accident happened in a crosswalk, on a sidewalk, or elsewhere, our firm works to hold the responsible parties accountable for their actions. If you have questions about a similar incident, you can learn more on our Los Angeles Pedestrian Accident Attorney hub page.
How long do you have to file a pedestrian accident claim in California?
Most personal injury claims in California, including those for pedestrian accidents, must be filed within two years from the date of injury, as stated in California Code of Civil Procedure § 335.1. However, if the accident involved a city, county, or any other public agency, you have a much shorter time to act. A written claim must be presented to the public entity within six months of the injury or death under California Government Code § 911.2.
This six-month deadline for public entity claims is firm. While the statute of limitations for personal injury is generally paused while an injured person is a minor under Code of Civil Procedure § 352, that pause does not apply to claims against public entities. Always confirm the deadline that applies to your specific facts with an attorney, as exceptions exist.
What should you do after a pedestrian accident in Lancaster?
- Seek Medical Attention: Your health is the first priority. Get a thorough medical examination, even if your injuries seem minor. Some serious injuries, such as a traumatic brain injury, may not show symptoms immediately.
- Report the Accident: Call the police to the scene. A police report documents the incident and can be important evidence for your claim. Make sure to get the report number.
- Gather Information: If possible, collect contact and insurance information from the driver. Get names and phone numbers of any witnesses. Take photos of the accident scene, vehicle damage, your injuries, and any relevant road conditions.
- Do Not Admit Fault: Avoid discussing the accident in detail with anyone other than law enforcement and medical professionals. Do not apologize or admit fault, even if you are unsure what happened.
- Contact an Attorney: Speak with a Lancaster pedestrian accident attorney as soon as you can. An attorney protects your rights, collects evidence, and manages communication with insurance companies.
Where does a personal injury case in Lancaster get filed?
A personal injury case originating from a pedestrian accident in Lancaster is filed in the Superior Court of California, County of Los Angeles. Specifically, it goes to the Michael D. Antonovich Antelope Valley Courthouse, located at 42011 4th St West, Lancaster, CA 93534. This is the designated court for incidents occurring in the North District of Los Angeles County, according to local court rules.
The Los Angeles Superior Court system mandates that personal injury cases are assigned to the judicial district where the incident happened. This rule helps streamline the legal process for residents of Lancaster and ensures cases are heard in their local court. For instance, a claim against a public entity like the City of Lancaster or Los Angeles County would still follow this filing rule but would also trigger the six-month government claim deadline.
What is it like working with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, you get a firm focused on your recovery and rights. We take on the burden of legal procedures, evidence collection, and negotiations with insurance companies. Our goal is to pursue the full compensation available under California law for your medical costs, lost income, and the pain and suffering you endure.
We work on a contingency basis, meaning you pay no attorney's fees unless we win your case. More importantly, we also absorb all case costs if there is no recovery, so you pay nothing out of pocket. Our focus is solely on personal injury and employment law, which allows us to dedicate our resources and experience to these specific areas.
Frequently Asked Questions
What is "comparative negligence" in a California pedestrian accident?
In California, comparative negligence means that if you are partly at fault for an accident, your compensation can be reduced by your percentage of fault. For example, if you are found to be 20% responsible for the accident, any damages you receive will be reduced by 20%. California law allows you to recover even if you are mostly at fault, though your recovery will be smaller.
Can I still file a claim if the driver who hit me was uninsured in Lancaster?
If the at-fault driver is uninsured, you may still be able to recover compensation through your own uninsured motorist (UM) coverage, if you have it. This coverage can pay for your medical bills, lost wages, and other damages up to your policy limits. California Civil Code § 3333.4 does not bar uninsured pedestrians from recovering non-economic damages, only uninsured vehicle owners. An attorney can help you explore all available avenues for recovery.
What if a public entity, like the City of Lancaster, caused my pedestrian accident?
If a public entity is responsible for your pedestrian accident, such as due to a poorly maintained street or sidewalk, you must file a formal claim with that entity within six months of the incident. This deadline is set by California Government Code § 911.2. Failing to file this claim on time usually prevents you from suing the entity later. After the claim is filed, the entity has 45 days to respond before you can file a lawsuit.
How much does it cost to hire a pedestrian accident attorney from Casa Legal Los Angeles?
Hiring a pedestrian accident attorney from Casa Legal Los Angeles costs you nothing upfront. We work on a contingency fee basis. This means we only get paid if we win your case. Furthermore, unlike some firms, we also cover all case costs, such as filing fees, expert witness fees, and deposition costs. You are not responsible for these costs if we do not recover compensation for you.
A pedestrian accident can turn your life upside down. If you or a loved one were hurt in Lancaster, contact Casa Legal Los Angeles today for a free consultation. Call us at 888-585-2529. No attorney's fees unless we win — and no case costs either. This information is for general purposes only and does not constitute legal advice or create an attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for your specific facts.