Can you still get compensation even if you were partially at fault for a Montebello pedestrian accident?
Yes, you can still pursue compensation even if you share some responsibility for a pedestrian accident in Montebello. California follows a rule called "pure comparative negligence," which means your financial recovery gets reduced by your percentage of fault, but your claim is not entirely blocked.
A driver who hits a pedestrian is not always 100% at fault. California law acknowledges that multiple parties can contribute to an incident. If a court decides you were 20% responsible for the accident, any damages awarded to you would be lowered by 20%.
What types of injuries and losses do pedestrian accident claims cover?
A Montebello pedestrian accident claim can cover a wide range of harms you suffer. This includes all your medical expenses, from emergency room visits and hospital stays to physical therapy and ongoing care.
If you miss time from work because of your injuries, the claim can seek your lost wages and any future income you cannot earn. Beyond financial losses, California law also allows recovery for non-economic harms like pain, suffering, disfigurement, and the diminished enjoyment of life. These types of damages are separate from your medical bills and lost earnings. For example, a serious injury might leave you with a permanent disability, impacting your daily activities and relationships. When injuries are severe, such as those impacting the brain, the complexity of recovery and long-term care increases; you can learn more about this at our Montebello traumatic brain injury page.
How long do you have to file a Montebello pedestrian accident claim?
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). However, if your claim involves a city agency, Los Angeles County, or another public entity, you must present a written claim to that entity within six months of the accident (Cal. Gov. Code § 911.2). This six-month deadline is strict and precedes any lawsuit.
The deadline is generally paused while an injured person is a minor (Cal. Code Civ. Proc. § 352). However, this pause does not apply to claims against public entities under the Government Claims Act (Cal. Code Civ. Proc. § 352(b)). Because these deadlines have exceptions and can be complex, you should always confirm what applies to your specific facts with an attorney.
What steps should you take after a pedestrian accident?
- Seek immediate medical attention. Your health is the first priority. Even if you feel fine, some injuries, like internal bleeding or concussions, might not show symptoms right away.
- Contact the police. A police report creates an official record of the incident. It details the scene, identifies parties involved, and may include witness statements.
- Collect information. Get the driver's name, insurance information, license plate number, and contact details. Also, collect contact information for any witnesses.
- Document the scene. Take photos and videos of the accident scene, your injuries, vehicle damage, and any relevant traffic signs or conditions.
- Do not admit fault or give recorded statements. Anything you say can be used against you later. Do not discuss the accident with insurance adjusters without legal advice.
- Consult with a personal injury attorney. An attorney can explain your rights and guide you through the process, especially when facing complex issues involving insurance companies or public entities.
Where do Montebello pedestrian accident cases get filed?
In Los Angeles County, a personal injury case is generally filed in the judicial district where the incident occurred. Under Los Angeles Superior Court Local Rule 2.3 and the General Order regarding Assignment and Transfer of Personal Injury Cases, effective May 17, 2024, the case is then assigned to that district's Personal Injury Hub department.
For Montebello, personal injury cases are typically filed with the Superior Court of California, County of Los Angeles, Southeast District. The courthouse for this district is the Norwalk Courthouse, located at 12720 Norwalk Blvd, Norwalk, CA 90650. It is always best to confirm the correct filing courthouse on the court's official locator before relying on this information, as catchment boundaries can change.
What is it like to work with Casa Legal Los Angeles?
When you work with Casa Legal Los Angeles, you get direct, clear communication about your case. We begin by listening to your account of what happened and explaining how California law applies to your unique situation. Our firm focuses on personal injury and employment law, which means we bring specific experience to pedestrian accident claims.
We handle all interactions with insurance companies, gather evidence, consult with medical experts, and prepare your case for settlement negotiations or trial. Our goal is to recover the full compensation available under California law for your injuries and losses. We represent clients throughout the region, including those involved in accidents in nearby cities like Alhambra or Paramount, and those with serious injuries like those discussed on our Montebello catastrophic injury page.
Frequently Asked Questions
What is "comparative negligence" in California?
California operates under a system of "pure comparative negligence," which means that if you are partially at fault for an accident, your compensation will be reduced by your percentage of fault. For example, if you are found 10% at fault, your damages will be reduced by 10%.
Can I still get compensation if the driver who hit me was uninsured?
If the driver who hit you was uninsured, you might still be able to recover compensation through your own uninsured motorist (UM) coverage on your car insurance policy. If you don't own a vehicle or don't have UM coverage, other options might exist depending on the specific facts of the incident; this is a complex area of personal injury law.
How does a pedestrian accident claim against the city of Montebello work?
A pedestrian accident claim against the City of Montebello or any other government entity requires you to first file a formal written claim with that entity within six months of the incident, as per California Government Code § 911.2. Only after the entity processes or rejects this claim can you file a lawsuit. This process is different from claims against private individuals.
What if my injuries from the pedestrian accident don't show up right away?
It is common for some injuries, like whiplash, concussions, or soft tissue damage, to have delayed symptoms. Seeking medical attention immediately after any accident is always best to document any potential injuries and establish a clear link to the incident. If symptoms appear later, medical records establishing their connection to the accident become crucial.
A pedestrian accident can turn your life upside down in an instant. If you or a loved one has been hurt in Montebello, we are here to help you understand your rights and pursue your claim. No attorney's fees or case costs unless we win. Call Casa Legal Los Angeles at 888-585-2529 for a direct conversation about your situation.