The statute of limitations for a pedestrian accident in California is generally two years from the date of the accident. Some personal injury lawsuits have shorter deadlines, especially those involving government agencies. A missed deadline could prevent you from recovering compensation.
A West Hollywood pedestrian lawyer from Omega Law Group Accident & Injury Attorneys can review what happened, determine how much time you have to file a lawsuit, and help you seek compensation from those responsible.
California Generally Gives Injured Pedestrians Two Years to File a Lawsuit
Under CCP § 335.1, most people injured by someone else’s negligence have two years from the accident date to take legal action. The time limit helps keep legal claims from remaining open indefinitely. It also encourages people to bring cases while evidence is still available and witnesses can remember what happened.
This deadline applies even when the injured person is still receiving treatment or discussing a settlement with an insurance company. Filing an insurance claim is not the same as filing a lawsuit. An insurance company may continue reviewing your claim as the legal deadline approaches.
Omega Law Group can check the filing date that applies to your case and take the necessary legal steps before that time runs out.
Claims Involving Government Agencies May Have Shorter Deadlines
When a public agency is responsible for a pedestrian accident, shorter deadlines can apply. GOV § 911.2 generally requires you to present a personal injury claim to the appropriate public agency within six months after the claim arises.
This may matter when an accident involves:
- A collision involving a city-owned vehicle.
- A dangerous sidewalk or public walkway.
- A traffic signal that was not working properly.
- An unsafe public road or intersection.
The government is not automatically responsible simply because an accident happened on public property. The facts must support a valid legal claim.
Filing a Government Claim Is Different From Filing a Lawsuit
In many cases, you must first send a formal claim to the public agency. If the agency rejects it, another deadline applies to filing a lawsuit.
California Government Code § 945.6 generally gives you six months to file a lawsuit after the agency personally delivers or mails a written rejection that meets the law’s notice requirements. Different deadlines may apply if you do not receive proper notice.
Omega Law Group can determine whether a government agency may be involved in your case and help you meet the required deadlines.
Some Pedestrian Accident Cases Qualify for More Time
California law allows more time to file a lawsuit in certain situations. This is called tolling, which means the legal clock is paused. These exceptions do not apply to every accident. At Omega Law Group, we review the circumstances to see whether a different deadline may apply.
When a Child is Injured
California Code of Civil Procedure § 352 generally pauses the two-year filing deadline until an injured child turns 18. For example, a child struck by a private driver at age 15 would usually have until age 20 to file a personal injury lawsuit.
However, claims against government agencies follow different rules. The six-month deadline for presenting a government claim generally applies even when the injured pedestrian is a child.
When an Injury Is Discovered Later
Sometimes, a person does not discover an injury or what caused it until later. In limited cases, California’s discovery rule may affect when the deadline begins.
However, learning that an injury is more serious than you first thought does not automatically give you more time to file a lawsuit.
When the Injured Person Lacks Legal Capacity
State law may also pause the filing deadline when someone is unable to understand or manage their legal affairs because of a qualifying mental condition.
A serious injury or a long hospital stay does not automatically qualify someone for more time. The person’s condition must meet specific legal requirements.
Wrongful Death Claims After a Pedestrian Accident in California
If a pedestrian dies from injuries caused by someone else’s negligence, certain surviving family members may have the right to file a wrongful death lawsuit.
California’s two-year statute of limitations generally applies to these cases, but the filing period usually begins on the date of death rather than the date of the accident.
A West Hollywood wrongful death lawyer from Omega Law Group can help families understand who may file a claim, which deadlines apply, and what compensation may be available.
Missing the Deadline Could Affect Your Right to Compensation
If the statute of limitations in your case expires, the person or company responsible for the accident may ask the court to dismiss your lawsuit. Unless an exception applies, you could lose your right to seek compensation through the courts.
This can happen even when you have strong evidence that someone else caused your injuries. An Omega Law Group attorney can review your case to see whether you still have time to file or qualify for an exception.
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Damages You May Be Able to Recover
Depending on your injuries and the circumstances of the accident, you may be able to seek compensation for:
- Medical treatment and future care.
- Lost wages and reduced earning ability.
- Physical pain and emotional suffering.
- Rehabilitation and other injury-related costs.
- Changes in your ability to enjoy daily activities.
The amount you may recover depends on your losses, the available evidence, and who was responsible.
How Our Firm Can Help With Your California Pedestrian Accident Claim
Medical bills and lost income can add up quickly while you are recovering from your injuries. An insurance company may also contact you before you know how much treatment you will need or what the accident will cost you.
At Omega Law Group, we’ll take care of the legal work while you get the medical care you need. We can help by:
- Looking into the accident: We can review police reports, traffic camera footage, witness statements, and other evidence to find out what happened.
- Identifying who was responsible: The driver may be at fault, but another person or company could share responsibility.
- Reviewing your losses: We will examine medical costs, lost income, and how your injuries have affected your daily life.
- Handling insurance companies: We’ll respond to questions, review settlement offers, and work to protect your interests.
- Preparing your case for court: If a fair settlement cannot be reached, we can pursue your claim through litigation.
We understand that every client’s situation is different. Our attorneys will stay in touch and explain what is happening so you don’t have to wonder about the status of your case.
Contact Our Firm About California Pedestrian Accident Claim Filing Deadlines
If you have questions about the statute of limitations for a pedestrian accident in California, Omega Law Group will explain your options and the time you have left to take legal action.
Our West Hollywood personal injury lawyers have decades of experience handling injury claims and have recovered millions of dollars for injured clients through verdicts and settlements. You can review ourcase results to learn more about how we have helped others. Every case is different, and previous results do not predict what you may recover.
At Omega Law Group, we treat our clients with the care and respect we would give our own family. There is no attorney’s fee unless we recover compensation for you. Call us today for a free consultation. Let our family take care of your family.
