What if the driver who hit you in Pomona had no insurance?
If a driver hits you in Pomona and they do not have insurance, your own uninsured motorist (UM) coverage may pay for your injuries. This part of your car insurance policy covers you when the at-fault driver either has no insurance or not enough insurance to pay for your damages.
You can also pursue a claim directly against the uninsured driver, though collecting from an individual without insurance often proves difficult. Your UM coverage acts as a critical safety net in these situations, helping to cover medical bills, lost wages, and other losses stemming from your pedestrian accident.
Where do I file a pedestrian accident claim in Los Angeles County?
A pedestrian accident claim for an incident in Pomona is filed with the Superior Court of California, County of Los Angeles. Under LASC Local Rule 2.3 and General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024), personal injury cases are filed in the judicial district where the incident occurred.
Your case will generally be assigned to the East District's Personal Injury Hub department at the Pomona Courthouse South, located at 400 Civic Center Plaza, Pomona, CA 91766. This local filing system helps ensure your claim is handled by courts familiar with cases originating from the Pomona area.
How long do I have to file a pedestrian accident lawsuit in California?
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. This deadline is known as the statute of limitations.
However, if your pedestrian accident claim is against a city, county, or any other public agency, you have a much shorter deadline. California Government Code § 911.2 requires a written claim to be presented to the public entity within six months of the injury. Failure to meet this six-month deadline will bar you from filing a lawsuit later. While the deadline is generally paused while an injured person is a minor (CCP § 352), that pause does not apply to claims against public entities.
California law allows for recovery of economic damages, such as medical costs and lost earnings, and non-economic harm like pain and suffering. What a claim is worth depends on the specific facts.
What steps should I take after a pedestrian accident?
- Get Medical Attention: Even if you feel fine, see a doctor immediately. Some injuries may not be apparent right away, and a medical record connects your injuries to the accident.
- Report the Accident: Contact the Pomona Police Department to file an official report. This report documents the incident and can be important for your claim.
- Gather Information: If possible, collect the driver's insurance and contact information, vehicle details, and names of any witnesses. Take photos of the scene, vehicle damage, and your injuries.
- Do Not Give Recorded Statements: Do not give a recorded statement to the other driver's insurance company without first speaking with an attorney. You are not obligated to do so, and such statements can be used against you.
- Contact a Lawyer: An attorney can help you understand your rights and the deadlines involved in a pedestrian accident claim. For claims in cities like Pomona, Alhambra, or even further out in Agoura Hills, we offer initial consultations at no charge.
What types of pedestrian accident cases do we handle in Pomona?
Our firm handles a range of pedestrian accident claims throughout Pomona and Los Angeles County. This includes incidents where a driver fails to yield at a crosswalk, makes unsafe turns, or drives distracted, causing injury to a pedestrian.
We also assist individuals injured by negligent drivers in parking lots, residential areas, or commercial zones. Pedestrian accidents often result in serious injuries, such as broken bones, head trauma, and spinal cord injuries. If you have been injured in Pomona as a pedestrian, or in a motorcycle accident, we can help.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, you get a team focused on your recovery and legal rights. We handle all communications with insurance companies, gather evidence, and build your case so you can focus on healing. Our practice is concentrated in personal injury and employment law, giving us specific insight into these matters.
We work to pursue the full compensation available under California law for your medical expenses, lost income, and pain and suffering. We also handle related areas such as wrongful death claims and cases involving traumatic brain injuries, always with a commitment to clear communication and personalized attention.
Frequently Asked Questions
Can I still file a claim if I was partially at fault for the pedestrian accident in Pomona?
Yes, California follows a pure comparative negligence rule, which means you can still recover damages even if you were partly at fault. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible for an accident, you would receive 80% of the total damages.
What damages can I recover after a pedestrian accident?
California law allows for recovery of economic damages and non-economic damages. Economic damages include medical expenses, lost wages, and future loss of earning capacity. Non-economic damages cover things like pain, suffering, disfigurement, and loss of enjoyment of life. What you recover depends on the specific facts of your case.
Do I have to go to court for my pedestrian accident case?
Many pedestrian accident cases settle out of court through negotiations with insurance companies or mediation. However, some cases do proceed to trial if a fair settlement cannot be reached. We prepare every case as if it will go to trial to protect your interests.
How do I know if my injuries are serious enough for a lawsuit?
If you suffered any physical injury that required medical attention, or if the accident impacted your ability to work or live normally, you may have grounds for a claim. Even seemingly minor injuries can have long-term consequences. An attorney can review the specifics of your situation and advise whether pursuing a lawsuit is appropriate.
If you or a loved one has been injured in a pedestrian accident in Pomona, reach out to Casa Legal Los Angeles. Call us today at 888-585-2529 for a consultation. No attorney's fees unless we win — and no case costs either.