Serious accidents involving vehicles and pedestrians are occurring more and more frequently throughout the country, and California is no exception. In fact, more than 14,000 pedestrians are injured—and roughly 1,000 are killed—each year. Not only does California record more pedestrian deaths than any other state, but according to the Office of Traffic Safety (OTS), the fatality rate for pedestrians is nearly 25 percent higher than the national average.
After a pedestrian accident, you may find yourself severely injured, temporarily or permanently unable to work, and burdened with significant medical debt. Your life has been upended, and your financial security threatened. If you are worried about how to cope, you've come to the right place.
At JCS Law Firm, our Greater Los Angeles vehicle accident attorney helps pedestrian accident victims hold negligent motorists accountable and recover fair compensation for their injuries and damages. Thinking of filing an insurance claim or lawsuit against the person or entity responsible for your pedestrian accident? Keep reading to learn more about these cases and how we can assist you.
California Pedestrian Accident Basics
Pedestrian accident cases can be complex. Here are a few key facts you should know:
- Personal injury claims. If you were injured in a pedestrian accident you didn't cause, you may have grounds to file a personal injury claim against the responsible party in the California civil court system.
- Wrongful death claims. If a loved one died due to a pedestrian accident caused by someone else's negligence, you may have grounds for a wrongful death claim.
- Injuries Caused by Dangerous road conditions. You may have claims against the city, county, or state governments if a dangerous road condition (such as an uneven sidewalk or pothole) caused or contributed to your injuries. There are strict time limitations in these types of cases, and a government claim needs to be filed with the appropriate agency within 6 months of the injury under the California Tort Claims Act. After filing your government tort claim, you have six months from the date of the postmark or personal delivery of your right to sue letter to file a civil lawsuit in court.
- Comparative negligence. Worried you may be partially to blame for the accident? In California, you can still collect damages for your pain and suffering. However, your settlement or financial award may be reduced to reflect your degree of fault.
- Statute of limitations. After a pedestrian accident, you have a period of two years to file a claim before losing the right to pursue a legal remedy. If a government entity is involved, you have six months to file a claim with the appropriate government agency under the California Tort Claims Act. Don't hesitate or delay taking action. Not contacting a lawyer can impact the outcome of your case. The sooner you hire us to represent you, the sooner we can get started gathering the essential evidence needed to prove your claim.