Pedestrian Accident Attorney in La Cañada Flintridge, CA

Pedestrian accident claims in La Cañada Flintridge, California

How long do I have to file a personal injury claim in California?

Most California personal injury claims must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). If the claim is against a city, county, transit agency, school district, or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2). Missing either deadline can end the claim permanently. Drivers must yield the right of way to a pedestrian in a marked or unmarked crosswalk at an intersection (Vehicle Code § 21950), and that section also requires drivers to exercise due care toward every pedestrian on a roadway. Since the Freedom to Walk Act (Assembly Bill 2147, effective January 1, 2023) amended Vehicle Code § 21955, crossing outside a crosswalk is not a citable offense unless there is an immediate danger of collision.

What if I was partly at fault for the accident?

California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Being partly at fault does not bar recovery — compensation is reduced by the injured person's own percentage of fault. Under Civil Code § 1431.2, economic damages are joint and several among defendants, while non-economic damages are apportioned by each defendant's share of fault.

What does it cost to hire a personal injury attorney?

These cases are handled on a contingency fee — no fee unless we win. If the lawsuit does not succeed, the firm does not charge the client. The initial consultation is free.

What compensation can I recover in a California injury claim?

California allows recovery of economic damages — past and future medical expenses, lost earnings, lost earning capacity and out-of-pocket costs — and non-economic damages such as physical pain, mental suffering, inconvenience, disfigurement and loss of enjoyment of life (CACI 3903, CACI 3905). Punitive damages are available only where the defendant acted with oppression, fraud or malice (Civil Code § 3294). What any individual claim is worth depends on the evidence in that case; no lawyer can promise an amount.

What if I was crossing outside a crosswalk?

Outside a crosswalk a pedestrian must yield to vehicles close enough to be an immediate hazard (Vehicle Code § 21954), and since the Freedom to Walk Act amended Vehicle Code § 21955 the crossing itself is not citable absent an immediate danger of collision. Under pure comparative negligence a pedestrian's share of fault reduces the recovery rather than eliminating it.

What if the driver left the scene?

Uninsured motorist coverage on the injured person's own auto policy may respond to a hit-and-run, including when the person was on foot, because that coverage follows the insured rather than the vehicle (Insurance Code § 11580.2). Reporting the collision to police promptly matters, both for the criminal investigation and because the coverage clock in Insurance Code § 11580.2(i) runs from the date of the accident.

Do I have to give the other side's insurance company a statement?

Nothing in California law requires an injured person to give a recorded statement to another party's insurance company. Your own policy is different: auto policies contain a cooperation clause, so notify your own insurer promptly. Insurance Code § 790.03(h) bars an insurer from misrepresenting facts or policy provisions to a claimant, but the adjuster still represents the other side's interests.

How long does a personal injury case take in California?

The length of a case depends on medical treatment, disputes over liability and the court's calendar, so no schedule can be promised. Two timing rules shape every case: the complaint must be filed within the limitations period, and once filed, an action must be brought to trial within five years (Code of Civil Procedure § 583.310). Many claims resolve before trial; some do not.

Who pays my medical bills while the claim is pending?

In the meantime, treatment is usually paid by health insurance, by medical payments coverage on an auto policy where that coverage exists, or by a provider who agrees to wait for payment. A provider or health plan that paid may assert a lien or right of reimbursement against any later recovery, and Civil Code § 3040 limits how much certain health-care service plan liens may take from a settlement. These amounts are resolved when the claim resolves.

What to do after a pedestrian accident

1. Call 911 and ask responding officers to note the crosswalk, signal phase and lighting conditions at the location.
2. Get medical attention and follow through with the treatment your provider recommends; gaps in care are routinely used to dispute an injury.
3. Report the incident and get the report number — a police, transit, or property-owner incident report creates a dated record.
4. Photograph the scene, vehicles or hazard, and visible injuries, and write down the names and phone numbers of any witnesses.
5. Give no recorded statement and sign no release or medical authorization for an insurer before getting legal advice.
6. Note both deadlines that may apply — two years under Code of Civil Procedure § 335.1, and six months to present a claim to a public entity under Government Code § 911.2.

To speak with a California Personal Injury Attorneys lawyer about a pedestrian accident claim, call (800) 800-8910. The consultation is free and the line is answered 24 hours a day, Monday through Sunday.