Is the pedestrian always at fault when hit by a car in South Gate?
No, a pedestrian hit by a car in South Gate is not automatically at fault. California uses a pure comparative negligence system, meaning fault can be shared between the pedestrian and the driver, and even if you are partially at fault, you can still recover for your injuries. A driver can be held responsible if their negligence caused the collision, even if a pedestrian made a mistake.
California law holds drivers responsible for operating their vehicles with reasonable care, which includes watching for pedestrians. If a driver fails to yield the right-of-way, speeds, drives distracted, or violates traffic laws, they may be liable for injuries a pedestrian suffers. Your recovery amount would be reduced by your percentage of fault, but a finding of some fault does not bar your claim entirely.
What types of pedestrian accident cases do we handle in South Gate?
Our firm represents individuals injured in all types of pedestrian accidents across South Gate and surrounding Los Angeles County communities. This includes situations where pedestrians are hit while crossing the street, walking on sidewalks, or standing near roadways. We assist people injured by cars, trucks, motorcycles, and other vehicles.
We also handle cases involving hit-and-run drivers, uninsured motorists, and accidents where the driver was under the influence of drugs or alcohol. Every case begins with a thorough investigation to determine how the accident happened and who is responsible. Our focus is solely on personal injury and employment law, allowing us to concentrate our efforts on these specific areas.
How long do you have to file a pedestrian accident claim in South Gate?
Most California personal injury claims, including those from pedestrian accidents, must be filed within two years from the date of injury, under California Code of Civil Procedure § 335.1. This deadline is often called the "statute of limitations." Missing this deadline usually means you lose your right to pursue compensation.
However, if your accident involves a city, county, or any other public entity in South Gate or Los Angeles County, you face a much shorter deadline. You must present a formal written claim to that public agency within six months from the date of injury, as required by California Government Code § 911.2. Failure to file this initial claim on time will almost certainly prevent you from filing a lawsuit later.
The deadline is generally paused while an injured person is a minor (CCP § 352) — but that pause does not apply to claims against public entities. Because these deadlines have exceptions and can change depending on your specific facts, it is crucial to confirm what applies to your situation with an attorney. California law allows recovery for medical costs, lost earnings, and non-economic harm such as pain and suffering.
What should you do after a pedestrian accident in South Gate?
After a pedestrian accident in South Gate, take these steps to protect your health and your potential claim:
- Seek medical attention immediately. Even if you feel fine, some serious injuries may not show symptoms right away. A prompt medical evaluation creates an official record of your injuries.
- Report the accident to the police. A police report can document the scene and provide an objective account of the incident.
- Gather information at the scene. If possible and safe, get the driver's contact and insurance information, witness contact details, and take photos of the vehicles, your injuries, the street, and any relevant traffic signs or signals.
- Do not admit fault or give recorded statements to insurance adjusters. Anything you say can be used against you. Consult with a lawyer before speaking with insurance companies.
- Contact a South Gate pedestrian accident attorney. A lawyer can explain your rights, investigate the accident, and handle communications with insurance companies. If you were hit by a commercial vehicle, such as a large truck in South Gate, the evidence and legal process are more complex.
Where do you file a pedestrian accident claim from South Gate?
A personal injury case resulting from a pedestrian accident in South Gate is generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles County rules, a personal injury case is filed in the judicial district where the incident occurred. South Gate falls within the Southeast District, and cases are assigned to the Norwalk Courthouse at 12720 Norwalk Blvd, Norwalk, CA 90650.
Specifically, Los Angeles Superior Court Local Rule 2.3 and the General Order re Assignment and Transfer of Personal Injury Cases (effective May 17, 2024) direct that these cases are assigned to that district's Personal Injury Hub department. This means your claim will be handled in the Norwalk Courthouse. Claims against a public entity, such as the city of South Gate or Los Angeles County, follow special rules for initial presentation before a lawsuit can be filed.
What does working with Casa Legal Los Angeles involve?
When you choose Casa Legal Los Angeles for your pedestrian accident claim, you get a team focused on securing the compensation you deserve. We start by listening to your story and understanding the full impact of the accident on your life. We then launch a detailed investigation, gathering evidence, identifying responsible parties, and building a strong case on your behalf. This includes working with accident reconstruction experts, medical professionals, and economists when necessary.
We handle all communications with insurance companies and opposing counsel, protecting you from tactics designed to minimize your claim. Our goal is to recover full compensation available under California law for your medical expenses, lost wages, and pain and suffering. We handle cases from South Gate, Paramount, and across Los Angeles County, including places like Alhambra. Should your case require a wrongful death claim, such as for a loved one tragically lost in a South Gate accident, our wrongful death attorneys in South Gate can also assist.
We work on a contingency fee basis, meaning you pay no attorney's fees or case costs unless we win. Our firm absorbs the case costs, so you are not liable for those either if there is no recovery.
Frequently Asked Questions
What is "comparative negligence" in California pedestrian accident claims?
California operates under a system of pure comparative negligence, as established by the California Supreme Court. This means that if you are partially at fault for a pedestrian accident, your compensation will be reduced by your percentage of fault, but you can still recover damages from the other party. For example, if a court finds you were 20% at fault, your total awarded damages would be reduced by 20%.
Can I still file a claim if the driver who hit me fled the scene in South Gate?
Yes, you can still pursue a claim even if the driver fled the scene. This type of incident is a hit-and-run. Your own uninsured motorist (UM) coverage on your car insurance policy may cover your medical expenses, lost wages, and other damages. It is important to report the hit-and-run to the police immediately and then consult with an attorney to review your insurance options.
What if I was hit by a government vehicle in South Gate?
If a government vehicle or a vehicle driven by a government employee hit you in South Gate, you must follow strict procedures. You must present a formal written claim to the responsible public entity within six months of the accident, according to California Government Code § 911.2. This is a much shorter deadline than for claims against private citizens. Missing this deadline means you cannot file a lawsuit.
How can a lawyer help me with my pedestrian accident claim in Los Angeles County?
A lawyer helps by handling all aspects of your claim, from investigating the accident and gathering evidence to negotiating with insurance companies and, if necessary, representing you in court. We ensure all deadlines are met, particularly the strict deadlines for claims against public entities or for pedestrian accident injury claims. This allows you to focus on your recovery while we pursue the compensation you deserve.
If you have been injured as a pedestrian in South Gate, speak with an experienced attorney. Call Casa Legal Los Angeles at 888-585-2529 for a consultation. No attorney's fees or case costs unless we win.