Is the driver always at fault when a pedestrian is hit in Seal Beach?
No, the driver is not always automatically at fault when a pedestrian accident happens in Seal Beach. California uses a pure comparative negligence system, which means fault for an accident can be shared between the driver and the pedestrian (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804).
Even if a pedestrian contributed to the accident, they can still recover damages, though the amount will be reduced by their percentage of fault. For example, if a pedestrian was 20% responsible for the accident, their total damages would be reduced by 20%.
What kinds of pedestrian accident cases do we handle in Seal Beach?
We represent people injured in many types of pedestrian accidents across Seal Beach. This includes injuries from crosswalk collisions, distracted drivers, hit-and-run incidents, and those caused by drivers failing to yield the right-of-way.
Our work also covers accidents where pedestrians are struck in parking lots, on sidewalks, or by vehicles turning at intersections. If a vehicle hits a person on foot, we can assess the situation.
How long do you have to file a pedestrian accident claim in Orange County?
Most 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. However, if a city, county, or other public agency is involved in your Seal Beach accident, you must present a written claim to that public entity within six months of the injury (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. The deadline is generally paused while an injured person is a minor (Code of Civil Procedure § 352), but that pause does not apply to claims against public entities.
What steps should you take after a pedestrian accident?
- Seek immediate medical attention. Your health is the first priority, and medical records create documentation of your injuries.
- Report the accident. Contact the Seal Beach Police Department to have an official report made at the scene.
- Collect information. Get the driver's name, insurance information, license plate number, and contact details for any witnesses.
- Take photographs. Document the accident scene, vehicle damage, your injuries, and any relevant road conditions.
- Avoid discussing fault. Do not admit fault or make recorded statements to insurance companies without legal advice.
- Contact a personal injury attorney. An attorney can help you understand your rights and protect your claim.
Where does a pedestrian accident claim from Seal Beach get filed?
Because Seal Beach is in Orange County, not Los Angeles County, a personal injury claim arising from an accident here is generally filed in the Superior Court of California, County of Orange. The main courthouse for civil filings is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701.
This means the court and any public-entity claim process differ from what you would find in Los Angeles County. Understanding these local requirements is important for your claim.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles, we investigate your pedestrian accident, gather evidence, and handle communications with insurance companies. We prepare your case for negotiation or, if necessary, for trial.
Our focus is to pursue the full compensation available under California law for your injuries and losses. We assist clients from Seal Beach and other Orange County communities, as well as those in Los Angeles County cities like Paramount, Pasadena, and Alhambra. We also handle other injury cases in Seal Beach, such as car accident and dog bite claims.
Frequently Asked Questions
What is "comparative negligence" in a Seal Beach pedestrian accident?
California's comparative negligence rule means that if you are partially at fault for a pedestrian accident in Seal Beach, your compensation will be reduced by your percentage of fault. For example, if you are found 10% at fault, you would receive 90% of the total damages.
Can I still file a claim if the driver who hit me fled the scene?
Yes, if the driver fled the scene of a pedestrian accident in Seal Beach, you may still have options to recover compensation. Your uninsured motorist (UM) coverage under your own auto insurance policy, if you have one, can often cover injuries and damages from a hit-and-run driver. It's important to report the incident to the police immediately.
What damages can I claim after a pedestrian accident?
After a pedestrian accident, you can claim economic damages like medical expenses (past and future), lost wages, and property damage. You can also claim non-economic damages for pain, suffering, emotional distress, and loss of enjoyment of life. The specific amounts depend on the unique facts of your accident.
How does Casa Legal Los Angeles get paid for a pedestrian accident case?
Casa Legal Los Angeles works on a contingency fee basis for pedestrian accident cases. This means you pay no attorney's fees unless we win your case. If we do not secure a recovery for you, you will not be responsible for any attorney's fees or case costs.
If you or a loved one were injured in a pedestrian accident in Seal Beach, you probably have many questions. Casa Legal Los Angeles offers free consultations to discuss your situation. Call us today at 888-585-2529. No attorney's fees unless we win — and no case costs either. This information is general legal information, not legal advice, and creates no attorney-client relationship. Deadlines have exceptions and must be confirmed with an attorney for your own facts.