Does a pedestrian always have the right of way in San Gabriel?
No, a pedestrian does not always have the right of way in San Gabriel. While California law generally grants pedestrians the right of way in marked or unmarked crosswalks, they also have a duty to exercise reasonable care for their own safety.
Pedestrians must obey traffic signals, avoid suddenly stepping into the path of a vehicle, and not jaywalk. If a pedestrian steps into traffic outside of a crosswalk, or against a signal, they might be found partially responsible for an accident, even if a driver is also at fault. California uses a pure comparative negligence system, meaning that even if you are partly at fault, you can still recover for the portion of damages caused by the other party.
What kinds of accidents does a pedestrian accident attorney handle in Los Angeles County?
A pedestrian accident attorney handles claims involving a person on foot who is hit by a vehicle. This includes incidents where a driver fails to yield at a crosswalk, makes an illegal turn, drives distracted, or violates traffic laws leading to a collision with a pedestrian in San Gabriel or other Los Angeles County communities.
These cases often involve significant injuries because pedestrians lack the protection of a vehicle. We pursue the full compensation available under California law for injuries such as broken bones, head trauma, spinal cord damage, and other catastrophic harm. Our firm, Casa Legal Los Angeles, focuses on personal injury and employment law, including helping those hurt as pedestrians get back on their feet.
How long do you have to file a pedestrian accident claim in San Gabriel?
Most personal injury claims in California, including 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 is against a city, county, or any public agency in Los Angeles County, you must present a written claim within six months of the injury under California Government Code § 911.2.
Missing these deadlines can mean losing your right to seek compensation. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm. Deadlines have exceptions and must be confirmed with an attorney for your own facts.
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. For example, a minor injured by a public transit bus in San Gabriel would still face the six-month public entity claim deadline.
What should you do after a pedestrian accident?
If you are able, the first step after a pedestrian accident is to seek immediate medical attention for your injuries. Even if you feel fine, some injuries might not be immediately apparent.
- Get medical help: Call 911 or have someone call for you. Describe all your symptoms to the emergency responders.
- Exchange information: If possible, get the driver's contact and insurance information, vehicle make and model, and license plate number. Do not discuss fault at the scene.
- Collect evidence: Take photos of the accident scene, your injuries, vehicle damage, and any relevant road conditions or traffic signals. Note the names and contact information of any witnesses.
- Report the accident: File a police report. This document can be crucial for your claim.
- Avoid statements to insurance: Do not give recorded statements to the other party's insurance company without first speaking to an attorney.
- Contact an attorney: Speak with a San Gabriel pedestrian accident attorney as soon as you can. An attorney can help protect your rights and guide you through the process.
Where is a pedestrian accident claim filed for an incident in San Gabriel?
A personal injury case involving a pedestrian accident in San Gabriel is filed in the Superior Court of California, County of Los Angeles. In Los Angeles County, personal injury cases are generally filed in the judicial district where the incident occurred and are assigned to that district's Personal Injury Hub department, as per LASC Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases, effective May 17, 2024.
For San Gabriel, incidents often fall under the Northeast District, with cases heard at the Pasadena Courthouse located at 300 E Walnut St, Pasadena, CA 91101. A claim against a city, county, or a transit agency triggers the six-month government claim deadline.
What does working with Casa Legal Los Angeles involve?
Working with Casa Legal Los Angeles means having experienced personal injury attorneys handle your claim from start to finish. We begin with a free consultation to discuss your pedestrian accident in San Gabriel, assess your injuries, and explain your legal options.
Our team collects evidence, communicates with insurance companies, and works to determine the full extent of your damages. We aim to secure compensation for your medical bills, lost wages, pain, and suffering. If a fair settlement cannot be reached, we are prepared to take your case to court. Whether you were injured in San Gabriel, Alhambra, or Pasadena, our approach is focused on you.
Frequently Asked Questions
What if I was partially at fault for the pedestrian accident?
California operates under pure comparative negligence. This means that even if you bear some responsibility for the pedestrian accident, you can still recover damages from the other party. Your total compensation would simply be reduced by your percentage of fault. For example, if a jury finds you 20% at fault, you would recover 80% of your total damages.
Can I recover for my pain and suffering after a pedestrian accident?
Yes, California law allows injured pedestrians to seek compensation for non-economic damages, which include pain, suffering, emotional distress, loss of enjoyment of life, and inconvenience resulting from the accident. These damages are separate from economic losses like medical bills and lost wages. This is a key part of personal injury claims for people injured in communities like Paramount or Agoura Hills.
What if the driver who hit me was uninsured?
If the driver who caused your pedestrian accident in San Gabriel was uninsured, your own uninsured motorist (UIM) coverage on your car insurance policy may cover your injuries and damages. While California law does not allow non-economic damages for uninsured vehicle owners involved in an accident, this rule does not apply to uninsured pedestrians. We can review your policy and explain your options for recovery.
What is the difference between a pedestrian accident and a catastrophic injury case?
A pedestrian accident describes the event that caused your injury: being hit by a vehicle while on foot. A catastrophic injury refers to the severity of the harm suffered, such as a severe traumatic brain injury or spinal cord damage, which results in long-term disability or disfigurement. Many pedestrian accidents do result in catastrophic injuries due to the lack of protection for the pedestrian. Our firm handles both the cause of the injury and its severe effects.
If you or a loved one were hurt in a pedestrian accident in San Gabriel, contact Casa Legal Los Angeles. Call us today at 888-585-2529 for a free consultation. No attorney's fees or case costs unless we win. This information is for general purposes only and does not constitute legal advice or create an attorney-client relationship.