California Statute of Limitations for Pedestrian Accident Cases 

Posted on 01/21/25

in Personal Injury

When hurt by a car or truck as you are walking along the roadway, the last thing on your mind is seeking legal action. Yet, it must be a consideration early on. The California statute of limitations is a law that limits how long you have to file a claim against the at-fault party. Understanding this statute of limitations is critical for pedestrian accident cases. Call an experienced Oakland pedestrian accident attorney about your case today.

How Long Is the California Statute of Limitations?

California pedestrian accident law allows victims to seek legal action in a court of law for their losses two years from the date of the incident. The California statute of limitations keeps this timeframe short, meaning you do not have a lot of time to pursue legal action in your case.

This means you have two years from the date of the pedestrian accident to sue the person you believe caused your accident. You will likely lose your case if you try to take legal action after this timeframe. This is why it is so important to work with a pedestrian accident attorney immediately after you are hurt.

Exceptions to California’s Statute of Limitations for Pedestrians

There are some exceptions to the California statute of limitations law for pedestrian accidents. For example, if you are a minor (under the age of 18) at the time of being struck by a vehicle while walking, your two-year window does not start until you turn 18. This resets the clock, so to speak, giving you time to pursue legal action as an adult under the state’s law.

Another example occurs when the person that you believe is at fault flees. If you cannot find the party because they fled the state, for example, your two-year deadline freezes until that person is found. This gives you more time to take action once the party is identified and found. 

Why You Should Not Wait to File an Oakland Pedestrian Accident Claim

Victims of a pedestrian accident in California should not wait until the last minute to file an Oakland personal injury claim. Doing so puts your case at risk. Instead, seek out legal action from our attorney as soon as possible. There are several factors to consider:

  • Have you healed? It is not often wise to file a claim after a pedestrian accident until you know the extensiveness of your ongoing damages and injuries.
  • Finding witnesses. The sooner you act, the easier it is to find the witnesses who saw what occurred and can vouch for your story to prove liability after a pedestrian accident. Note that witnesses do change their minds or forget details over time. You want to be sure you act soon enough to preserve those statements.
  • You do not want the insurance company to try to put the blame on you. If you do not file a claim right away and perhaps even wait to get medical care, there is more of an opportunity for the insurance company to claim you were hurt due to other actions.

Seeking out the help of an Oakland car accident attorney right away also creates the opportunity to have plenty of time to negotiate and reach an out-of-court settlement with the at-fault party. This may be beneficial to you and to the other party. In all situations, if you are hurt in a pedestrian accident, contact an attorney for immediate help navigating your rights.