What mistakes ruin a Long Beach pedestrian accident claim?
Ignoring medical advice or talking to the at-fault driver's insurance adjuster without legal counsel often damages a Long Beach pedestrian accident claim. A written claim must also reach any involved public entity within six months, or you lose the right to sue that entity. These common missteps can reduce the compensation you might receive or even prevent recovery entirely.
Pedestrian accidents in Long Beach can cause serious injuries, from broken bones to traumatic brain injuries. Getting hit by a car while walking leaves you vulnerable, and the legal process that follows adds more stress. Understanding the necessary steps protects your right to claim compensation for your medical bills, lost wages, and other harms.
What kinds of pedestrian accident cases do we handle in Long Beach?
We represent people injured in a wide range of pedestrian accidents across Long Beach. This includes injuries from crosswalk collisions, cars failing to yield, hit-and-run incidents, or accidents caused by distracted or impaired drivers. We also handle cases where unsafe road conditions or poorly maintained property contribute to a pedestrian accident.
A pedestrian accident case aims to hold the negligent party accountable for your injuries and losses. This can mean pursuing a claim against a driver, a property owner, or even a government entity responsible for road design or maintenance. Our focus is on gathering evidence, proving liability, and ensuring you receive full compensation under California law.
Where do Long Beach pedestrian accident claims get filed?
A personal injury case stemming from a Long Beach pedestrian accident is filed in the Superior Court of California, County of Los Angeles. Specifically, it goes to the Governor George Deukmejian Courthouse, located at 275 Magnolia Ave, Long Beach, CA 90802. In Los Angeles County, a personal injury case is filed in the judicial district where the incident occurred and is assigned to that district's Personal Injury Hub department, per LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
The specific courthouse depends on where the accident happened. For incidents within Long Beach, the South District court typically handles these claims. If your accident involved a city bus, a police car, or any other government vehicle or property, you might also have a claim against a public entity. Those claims have very short deadlines, as described below.
How long do you have to file a pedestrian accident claim in Long Beach?
Most California personal injury claims, including those from 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 your claim involves a public entity, such as the City of Long Beach, Los Angeles County, or a transit agency, you must present a written claim to that entity within six months of the accident, according to California Government Code § 911.2.
The deadline is generally paused while an injured person is a minor under California Code of Civil Procedure § 352. However, California Code of Civil Procedure § 352(b) removes that pause for claims against public entities under the Government Claims Act. Failing to meet these deadlines usually means losing your right to pursue compensation. 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 Long Beach pedestrian accident?
- Seek Medical Attention Immediately: Even if you feel fine, see a doctor. Some injuries, like internal bleeding or concussions, might not show symptoms right away. Medical records also provide crucial documentation for your claim.
- Report the Accident: Call 911 or the Long Beach Police Department to report the incident. A police report creates an official record of what happened and can help determine fault.
- Gather Information: If you can, collect the driver's contact information, insurance details, and license plate number. Get contact information from any witnesses. Take photos of the accident scene, your injuries, vehicle damage, and anything that shows the conditions of the street or intersection.
- Avoid Discussing Fault: Do not admit fault or minimize your injuries to anyone at the scene or to insurance adjusters. Stick to the facts.
- Do Not Sign Anything: Do not sign any documents or give recorded statements to insurance companies without speaking to a personal injury attorney. These documents can compromise your claim.
- Contact a Long Beach Pedestrian Accident Attorney: An attorney can help you understand your rights, investigate the accident, gather evidence, and handle all communications with insurance companies, whether for a pedestrian accident or a rideshare accident in Long Beach.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we start by listening to your story and understanding the full impact of your Long Beach pedestrian accident. We then investigate every aspect of your case, collecting evidence such as police reports, medical records, witness statements, and traffic camera footage. This thorough approach helps build a strong case.
Our team handles all communication with insurance companies and other parties involved, protecting you from tactics that could undermine your claim. We pursue the full compensation available under California law, covering your medical expenses, lost wages, and non-economic damages like pain and suffering. Whether your case settles through negotiation or proceeds to trial, we advocate for your interests every step of the way. Our practice areas include pedestrian accidents and other personal injury claims, representing clients across Los Angeles County, from Paramount to Pasadena.
Frequently Asked Questions
What if the driver who hit me in Long Beach was uninsured?
If the at-fault driver was uninsured, you may still be able to recover compensation through your own uninsured motorist (UM) coverage, if you have it. UM coverage can protect you if the negligent driver has no insurance or not enough insurance. We can review your policy and advise you on available options.
Can I still file a claim if I was partially at fault for the Long Beach accident?
Yes, California follows a "pure comparative negligence" rule. This means you can still recover damages even if you were partially at fault for the accident. Your compensation would be reduced by your percentage of fault. For example, if you were 20% at fault, you would receive 80% of the total damages. We can help assess your situation and argue for your fair share.
What if my pedestrian accident happened on city property in Long Beach?
If your accident occurred on city property, like a crosswalk or sidewalk, you might have a claim against a public entity. Claims against public entities, such as the City of Long Beach, have a strict six-month deadline to present a written claim, as outlined in California Government Code § 911.2. This is much shorter than the two-year deadline for most personal injury claims (CCP § 335.1), making prompt action crucial.
What damages can I claim after a Long Beach pedestrian accident?
You can claim various damages after a pedestrian accident. These typically include economic damages like medical expenses (past and future), lost wages (past and future), and property damage. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are also recoverable. The value of these damages depends on the specifics of your injuries and their impact on your life.
If you've been injured in a pedestrian accident in Long Beach, contact Casa Legal Los Angeles today. Call us at 888-585-2529 for a free case review. No attorney's fees unless we win — and no case costs either.