Pedestrian Accidents
According to the National Highway Traffic Safety Administration, (NHTSA) California is in the top four states for pedestrian fatalities. In the US, about 5,000 pedestrians are killed, and 64,000 are injured in motor vehicle accidents each year. Our own North San Diego County has had a number of high profile pedestrian accidents in recent months.
More often than not, pedestrians are struck by the front of the vehicle. Survivors are left with a range of serious injuries such as brain injury, paraplegia, quadriplegia, bone fractures, and severe cosmetic injuries.
Because these accidents more often than not involve alcohol or drugs the driver may be prosecuted by the district attorney for various felony charges. Victims of these accidents also have civil remedies in court for money damages through a personal injury attorney.
Statute of Limitations in Pedestrian Accident Cases
The statute of limitations in California for personal injury claims arising from an accident involving a pedestrian is two years from the date of the accident. (Cal. Code of Civ. Proc. Section 335.1). This means if the claim is not resolved, and a lawsuit is not filed within the two- year period, the claimant will be forever barred from seeking money damages for personal injuries.
Note that in cases against a public entity have specific claims-filing requirements. Under most circumstances a claim must be filed with the governmental entity within six months of the date of harm. Accordingly, for any cases where such an entity may be a defendant, it is important to consult with an attorney before the six-month period ends.
If you have questions about a pedestrian accident, please submit your confidential question online, or call Walton Law Firm for a free and private consultation. We can be reached toll-free at 866-607-1325, or locally at 760-571-5500.
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