Who pays my medical bills after a Manhattan Beach pedestrian accident?
After a pedestrian accident in Manhattan Beach, the at-fault driver's insurance company generally pays for your medical bills and other losses. California law requires drivers to carry liability insurance that covers injuries they cause.
If the driver who hit you is uninsured or underinsured, your own auto insurance policy's uninsured/underinsured motorist (UM/UIM) coverage may step in to cover your expenses. If you were a pedestrian without your own auto insurance, other options might be available, such as Medical Payments (MedPay) coverage from the at-fault driver's policy.
Where is a Manhattan Beach pedestrian accident lawsuit filed?
A personal injury lawsuit stemming from a Manhattan Beach pedestrian accident is generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles County rules, 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 (LASC Local Rule 2.3; General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024).
For Manhattan Beach, this means your case would be heard at the Torrance Courthouse, located at 825 Maple Ave, Torrance, CA 90503. A claim against the city of Manhattan Beach, Los Angeles County, or a public transit agency triggers a different process requiring a specific pre-lawsuit claim.
How long do you have to file a pedestrian accident claim in Manhattan Beach?
Most personal injury claims in California, including those from pedestrian accidents, must be filed within two years from the date of injury (Cal. Code Civ. Proc. § 335.1). This deadline applies to claims against private individuals or entities.
However, if your claim involves a public entity like the City of Manhattan Beach, Los Angeles County, or a public transit agency, you must present a written claim within six months of the injury (Cal. Gov. Code § 911.2). Missing this shorter public entity deadline almost always bars your ability to sue later.
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 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 like pain and suffering. If you were injured, a Manhattan Beach personal injury attorney can explain the specific deadline for your case.
What should you do after a pedestrian accident?
The moments after a pedestrian accident can feel chaotic, but taking specific steps can protect your health and your legal rights. Your immediate priority is your well-being.
- Seek Medical Attention: Even if you feel fine, get checked by paramedics or go to an urgent care facility or hospital. Some injuries, like internal bleeding or concussions, might not show symptoms right away.
- Call the Police: Report the accident to the Los Angeles County Sheriff's Department or the Manhattan Beach Police Department. A police report documents the incident and can be important evidence.
- Gather Information: If you are able, get the driver's name, insurance information, license plate number, and contact details. Also, get contact information from any witnesses.
- Document the Scene: Use your phone to take photos and videos of the accident scene, your injuries, vehicle damage, traffic signals, and any relevant road conditions.
- Do Not Admit Fault: Avoid discussing fault with anyone at the scene, including the driver or insurance adjusters. Stick to the facts.
- Contact a Lawyer: Speak with a Los Angeles pedestrian accident attorney before giving any recorded statements to insurance companies. Your attorney can advise you on your rights and handle communications.
What kinds of cases does Casa Legal Los Angeles handle?
Casa Legal Los Angeles focuses entirely on helping injured people in Manhattan Beach and across Southern California. We help people hurt in many types of incidents.
Our firm represents pedestrians injured by negligent drivers, including those hit in crosswalks, while jogging, or along sidewalks. We also help those hurt in car accidents, truck accidents, and motorcycle crashes.
If you suffered a serious injury, like a traumatic brain injury, we fight to recover the full compensation available under California law. Our team also represents victims of dog bites and other premises liability incidents, always working to ensure your rights are protected whether you are in Manhattan Beach, Paramount, or Pasadena.
What does working with Casa Legal Los Angeles involve?
When you choose Casa Legal Los Angeles for your pedestrian accident claim, you get a team focused on your recovery and financial stability. We begin with a free consultation to understand your situation and answer your questions.
We work on a contingency fee basis, meaning no attorney's fees or case costs unless we win. Our firm manages all aspects of your claim, from gathering evidence and communicating with insurance companies to negotiating settlements or representing you in court if necessary. We work to make the process as stress-free as possible, allowing you to focus on healing.
Frequently Asked Questions
What is the deadline for filing a pedestrian accident lawsuit in Manhattan Beach?
For most pedestrian accidents in Manhattan Beach, you have two years from the date of injury to file a lawsuit (Cal. Code Civ. Proc. § 335.1). However, if a public entity like the City of Manhattan Beach or Los Angeles County is involved, you must file a formal claim within six months (Cal. Gov. Code § 911.2). It is important to confirm the exact deadline for your specific situation with an attorney.
Do I have to go to court for a pedestrian accident claim?
Not every pedestrian accident claim goes to court. Many cases are resolved through negotiations with insurance companies or mediation. Our firm always prepares every case as if it will go to trial, which often leads to more favorable settlements outside of court. If a fair settlement cannot be reached, we are ready to represent you in the Superior Court of California, County of Los Angeles, at the Torrance Courthouse.
What if I was partially at fault for the accident?
California follows a pure comparative negligence rule. This means that if you were partially at fault for the pedestrian accident, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your total damages would be reduced by 20%. We will work to minimize any assigned fault on your part.
Can I still get compensation if the driver who hit me is uninsured?
Yes, you may still be able to get compensation even if the at-fault driver is uninsured. If you have uninsured/underinsured motorist (UM/UIM) coverage on your own auto insurance policy, it may cover your medical expenses, lost wages, and other damages. Other options might also be available depending on the specifics of your situation.
If you or a loved one has been injured in a pedestrian accident in Manhattan Beach, contact Casa Legal Los Angeles for a free consultation. Call us at 888-585-2529 to discuss your rights and options. No attorney's fees or case costs unless we win.