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California Pedestrian vs Car Accidents

Oct 2, 2018 | Personal Injury

Pedestrian vs vehicle accidents occurs far often than one may believe, especially in Los Angeles. 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)

CVC 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…”

What Does an Injured Pedestrian Need to Prove to Recover in a Personal Injury Lawsuit?

In order for an injured pedestrian to recover in a personal injury lawsuit they must prove:

  • The driver owed the pedestrian a duty of care;
  • The driver breached that duty of care because they were negligent;
  • The driver’s negligence was both the actual and proximate cause of the pedestrian’s injuries; and
  • The pedestrian must show damages

How Can a Personal Injury Lawyer Help?

An experienced Glendale personal injury lawyer can evaluate the facts and circumstances of a case and help recover for damages such as:

  • 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?

The statute of limitation for bringing a pedestrian vs car accident is 2 years from the date of the accident. However, claims involving government tort or injury involving a government entity, such as a 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 claimant 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.

Statute of Limitation: Injured Pedestrian involved in Accident with Vehicle CCP 335.1

California Code of Civil Procedure section 335.1 provides, an injured pedestrian has two years to file a claim against those who may be liable for their accident.

Personal Injury Attorney

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 accidents, 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 a Government vehicle, give our office a call at 310-933-5171 for a free consultation.

California Pedestrian Vehicle Accident Video