Los Angeles Pedestrian Accidents and the Six-Month Government Claim Deadline
When a vehicle strikes a pedestrian on a Los Angeles street, the collision report often sets off a strict timeline governed by state law and municipal rules. Pedestrians injured within the city limits can request traffic collision reports through the LAPD Records and Identification Division using LexisNexis or by mail to P.O. Box 30158, Los Angeles, CA 90030. For crashes occurring on state freeways like the 5, 10, 101, or 405, the California Highway Patrol handles the investigation.
Vehicle Code Rules and Comparative Fault
California Vehicle Code section 21950 requires drivers to yield the right-of-way to any pedestrian in a marked crosswalk or an unmarked crosswalk at an intersection, while also mandating that pedestrians avoid suddenly stepping off a curb into the path of an immediate hazard. When pedestrians cross outside a designated crosswalk under Vehicle Code section 21954, they must yield to approaching vehicles, though motorists remain obligated to exercise due care. If a pedestrian shares some of the blame for an incident, California applies the pure comparative fault standard established in Li v. Yellow Cab Co., which reduces compensation by the pedestrian’s share of fault rather than barring recovery completely.
Filing Deadlines Against Public Agencies
When poor street lighting, a broken signal, or a missing crosswalk contributes to an accident, Government Code section 835 may hold a public agency responsible for a dangerous condition on public property. Under Government Code section 945.4 and Government Code section 911.2, injured individuals generally must present a formal written claim within six months of the incident before filing a lawsuit against a public entity. The City of Los Angeles accepts these claims through the Office of the City Clerk online, by mail, or in person at 200 North Spring Street, Room 395, City Hall, Los Angeles, CA 90012, though claims are not accepted by email or fax. Claims involving county, state, or Metro properties must be directed to those specific agencies instead.
Frequently Asked Questions About Los Angeles Pedestrian Claims
* How long do I have to file a standard personal injury lawsuit? Most California personal injury lawsuits must be filed within two years of the injury date under Code of Civil Procedure section 335.1, though public agency claims require a written notice within six months.
* How much does a pedestrian accident attorney cost? Legal representation is typically handled on a contingency fee basis, meaning there is no attorney fee unless compensation is successfully recovered for the client.
* Does crossing outside a crosswalk ruin a personal injury claim? Being outside a crosswalk affects the assessment of fault under comparative negligence rules, but it does not automatically bar a pedestrian from pursuing a claim if the driver failed to exercise due care.
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