Statute of Limitations for Pedestrians Hit by a Car in California

After a pedestrian accident, many injured victims focus entirely on medical treatment and recovery without realizing that California law places strict deadlines on filing injury claims. Missing the statute of limitations could permanently prevent you from recovering compensation, no matter how strong your case may be. If you were injured while walking, speaking with an experienced hit by car lawyer as soon as possible can help protect your legal rights before important deadlines expire.

The amount of time you have to file a pedestrian accident claim depends on several factors, including who caused the accident and whether a government entity may be involved.

What Is the Statute of Limitations in California?

A statute of limitations is the legal deadline for filing a lawsuit. In most California pedestrian accident cases, injured victims generally have:

• Two years from the date of the accident to file a personal injury lawsuit

If the lawsuit is not filed within that period, the court will likely dismiss the case, and the injured pedestrian may lose the ability to recover compensation entirely.

The Deadline Can Be Much Shorter in Government Claims

Some pedestrian accidents involve government entities or dangerous public property conditions.

For example, a claim may involve:

• A dangerous intersection design
  • Broken pedestrian crossing signals
  • Poorly maintained sidewalks
  • Dangerous roadway construction zones
  • City buses or government vehicles

If a government agency may be responsible, California law usually requires an administrative claim to be filed within:

• Six months from the date of the accident

This deadline is far shorter than the standard two-year limit and catches many injured victims by surprise.

Failing to properly file a government claim on time can completely bar recovery.

Why You Should Not Wait to Start the Process

Even though two years may sound like a long time, waiting can seriously damage a pedestrian accident case.

Important evidence can disappear quickly, including:

• Traffic camera footage
  • Surveillance video
  • Witness memories
  • Vehicle data
  • Physical evidence at the scene

Insurance companies often begin investigating immediately after the collision. The sooner an attorney can begin preserving evidence, the stronger the case may become.

Some Injuries Take Time to Fully Develop

Pedestrian accident injuries are not always immediately obvious after a crash.

Some victims develop delayed symptoms involving:

• Traumatic brain injuries
  • Spinal injuries
  • Internal bleeding
  • Chronic pain conditions
  • Psychological trauma

Even if you initially feel “okay,” it is important to seek medical evaluation after being hit by a vehicle. Waiting too long to document injuries can also make it easier for insurers to argue the injuries were unrelated to the accident.

Minors May Have Different Filing Deadlines

When a child is hit by a car, different rules may apply.

In some California cases, the statute of limitations for minors may be extended until the child turns 18. However, exceptions and special rules can still apply depending on the circumstances and the parties involved.

Claims involving government entities may still require early administrative filings regardless of the victim’s age.

Because these situations can become complicated quickly, legal guidance is important.

Wrongful Death Cases Have Separate Considerations

If a pedestrian accident results in death, surviving family members may have the right to pursue a wrongful death claim.

These claims also generally carry a:

• Two-year statute of limitations from the date of death

However, additional procedural rules may apply depending on the parties involved and the nature of the accident.

Insurance Claims Are Different From Lawsuits

Many people mistakenly believe filing an insurance claim automatically protects their legal rights. That is not always true.

Even if settlement negotiations are ongoing, the statute of limitations continues running unless a lawsuit is formally filed within the required deadline.

Insurance companies sometimes delay negotiations knowing the legal deadline is approaching.

What Compensation Can Pedestrians Recover?

If a negligent driver caused the accident, injured pedestrians may pursue compensation for:

• Medical expenses
  • Future medical treatment
  • Lost wages
  • Reduced earning ability
  • Pain and suffering
  • Emotional distress
  • Rehabilitation costs
  • Permanent disability or disfigurement

The sooner a case is properly investigated, the easier it often becomes to preserve evidence supporting these damages.

Why You Should Speak With a Hit by Car Lawyer Quickly

Statute of limitations issues can become complicated, especially in cases involving government entities, minors, catastrophic injuries, or wrongful death claims.

An experienced hit by car lawyer can identify all applicable deadlines, preserve critical evidence, communicate with insurers, and make sure your case is filed properly and on time.

At Bojat Law Group, we help injured pedestrians throughout California pursue compensation after serious accidents. If you were hit by a negligent driver, call (818) 877-4878 for a free consultation.