Do you always have a claim if you are hit by a car while walking in Pasadena?
No, being hit by a car while walking in Pasadena does not automatically mean you have a personal injury claim. To have a valid claim, another party must be at fault for the incident. California law requires a showing of negligence, meaning the driver failed to act with reasonable care, causing your injury.
California operates under a system of pure comparative negligence, meaning even if you were partly responsible for the accident, you could still recover damages. Your recovery would be reduced by your percentage of fault, as established in cases like Li v. Yellow Cab Co.
What types of pedestrian accident cases do we handle in Los Angeles County?
Our firm handles a wide range of pedestrian accident cases across Los Angeles County, from minor collisions to severe injuries. If you were walking and struck by a car, truck, or other vehicle due to another driver's carelessness, we can help. This includes incidents where drivers fail to yield at crosswalks, run red lights, or drive while distracted or impaired.
We represent individuals injured in various scenarios, including those hit by vehicles backing out of driveways or parking spaces, making turns, or failing to see pedestrians. Our work also extends to cases involving hit-and-run drivers or accidents caused by unsafe road conditions where a public entity might be responsible.
How long do you have to file a pedestrian accident claim in Pasadena, and what can you recover?
Most personal injury claims in California, including those for pedestrian accidents, must be filed within two years from the date of injury, under California Code of Civil Procedure § 335.1. However, if your claim is against a city, county, or any other public agency, you must present a written claim to that entity within six months of the incident, according to California Government Code § 911.2.
The deadline is generally paused while an injured person is a minor under Code of Civil Procedure § 352, but that pause does not apply to claims against public entities. If you miss these deadlines, you may lose 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. For more information on pedestrian accident claims, you can visit our main Los Angeles Pedestrian Accident Attorney page.
What should you do after a pedestrian accident in Pasadena?
After a pedestrian accident in Pasadena, taking immediate steps can help protect your health and your potential claim.
- Prioritize Medical Attention: Your health is the most important thing. Seek medical help immediately, even if you think your injuries are minor. Some serious injuries, like concussions, might not show symptoms right away.
- Report the Accident: Call 911 to report the incident to the Pasadena Police Department. A police report can provide an official record of the accident.
- Gather Information: If you are able, collect contact and insurance information from the driver. Also, get contact information from any witnesses. Take photos of the accident scene, vehicle damage, and your injuries.
- Do Not Discuss Fault: Avoid admitting fault or discussing the details of the accident with anyone other than the police or your attorney. Do not give a recorded statement to the other driver's insurance company.
- Contact a Lawyer: Speak with a lawyer who handles pedestrian accident cases. They can advise you on your rights and help you understand the next steps. For example, our team also handles similar cases in nearby communities like Alhambra.
Where are pedestrian accident claims from Pasadena filed?
In Los Angeles County, a personal injury case arising from an incident in Pasadena is generally filed in the judicial district where the incident occurred. It is then assigned to that district's Personal Injury Hub department, following Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
For Pasadena, this means your claim would typically be filed with the Superior Court of California, County of Los Angeles, Northeast District, at the Pasadena Courthouse. The Pasadena Courthouse is located at 300 E Walnut St, Pasadena, CA 91101. The court's official locator can confirm the correct filing courthouse for your specific situation.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means we handle the complexities of your pedestrian accident claim so you can focus on your recovery. We investigate the incident, gather evidence, identify responsible parties, and negotiate with insurance companies on your behalf. Our goal is to pursue the full compensation available under California law.
We work to uncover all potential sources of recovery, including dealing with uninsured or underinsured motorist policies if the at-fault driver lacks adequate coverage. Whether your accident occurred on a busy Pasadena street or a quiet residential road, we manage the legal process from start to finish. Our firm focuses exclusively on personal injury and employment law, giving us a deep understanding of these areas. We also assist those with other types of claims, such as truck accident cases in Pasadena.
Frequently Asked Questions
What if I was partially at fault for the pedestrian accident in Pasadena?
Even if you were partially at fault for a pedestrian accident in Pasadena, you might still recover damages. California follows a "pure comparative negligence" rule. This means the amount of compensation you can receive will be reduced by your percentage of fault. For example, if you are found 20% responsible for the accident, your total damages would be reduced by 20%.
Can I sue the City of Pasadena for my injuries?
You can sue the City of Pasadena or any public entity if their negligence caused your injuries, but the process has specific requirements. You must first file a written claim with the public entity within six months of the accident, as per California Government Code § 911.2. Failing to meet this strict deadline often bars your ability to file a lawsuit later. An attorney can help you determine if the city is a responsible party and assist with this specific claims process.
What types of damages can I recover after a pedestrian accident?
After a pedestrian accident, California law allows for recovery of various types of damages. These can include economic damages like medical expenses (past and future), lost wages, and loss of earning capacity. You can also seek non-economic damages for pain, suffering, disfigurement, and emotional distress. If you suffered a traumatic brain injury, for example, your medical costs and ongoing care needs could be substantial. You can find more information about these types of injuries on our Pasadena traumatic brain injury page.
How much does it cost to hire a pedestrian accident lawyer in Pasadena?
At Casa Legal Los Angeles, we work on a contingency fee basis for pedestrian accident cases. This means you do not pay any attorney's fees upfront. No attorney's fees or case costs unless we win. Our payment comes as a percentage of the compensation we recover for you. If we don't win your case, you owe us nothing for our legal services or the costs associated with pursuing your claim.
If you have been injured as a pedestrian in Pasadena, contact Casa Legal Los Angeles for a consultation. Call us at 888-585-2529 to discuss your specific situation. No attorney's fees or case costs unless we win.