California Pedestrian Vehicle Accidents
California accidents between a pedestrian and a vehicle, it is critical to determine who is at fault and to what degree. California has several right-of-way laws designed to protect pedestrians and may serve to show that a driver is liable for an accident. California Vehicle Code 21950(a) provides that “the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided…” Pedestrian vs car accident cases are pretty common personal injury cases, especially in Los Angeles. An injured pedestrian seeking compensation for their injuries will have to show that the vehicle’s driver was negligent.
Potential Compensation for Pedestrian vs Auto Accident
Determine an exact value and worth of California pedestrian accident case can be difficult and is determinative on a number of factors including liability, insurance coverage, as well as other factors. Thus, it is imperative to contact an experienced California pedestrian accident lawyer as soon as possible after an accident. A experienced Glendale personal injury lawyer can evaluate the facts and circumstances of a case and help victims recover for:
- Past and present medical expenses
- Future medical costs
- Missed time from work
- Loss of future earning capacity
- Pain and suffering
What Damages Are Recoverable in California Personal Injury Cases?
There are two types of damages that are recoverable in California personal injury cases, which include special damages and general damages. Special damages are those damages that are financial in nature, such as hospital and medical bills or lost wages. On the other hand, general damages are those that are non-financial losses, including pain and suffering, loss of consortium, and emotional distress.
What is the California Statute of Limitations for Pedestrian vs Vehicle Accident?
Statute of limitations is the period of time you have to file a claim or suit. Personal injury cases have a statute of limitations varies depending on the type of case, but generally, the time limit usually starts on the day the accident or injury occurred and can last anywhere from 1 to 2 years. However, in claims involving government tort or injury involving government entity, such as an car accident with a government city vehicle, requires the injured party to first file a claim with the appropriate governmental agency within 6 months from the date of the accident. Finally, depending on the outcome of the claim, the injured party will then have either 6 months or two years to file suit. If you fail to follow the guidelines for the statute of limitations, you may lose your right to file a claim.
Statue of Limitation: Injured Pedestrian involved in Accident with Vehicle CCP 335.1
California Code of Civil Procedure section 335.1 provides that an injured pedestrian has two years to file a claim against those who may be liable for their accident. It is critical that a lawsuit is filed within this time frame or a case may be dismissed because it is outside of the statute of limitations.
Our personal injury attorneys specialize in various personal injury matters including complex personal injury cases, government torts specifically related to auto accidents, motorcycle accidents, left turn motorcycle accidents, truck accident, multi-car accidents, which involve a government vehicle such as Metro Bus, fire truck, U.S Postal Service, and Water & Power Truck. If you have been involved in an accident involving an Government vehicle, give our office a call at (310) 943-1171 for a free consultation!