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Pedestrian Accident Lawsuit Statute of Limitations – California Laws

Pedestrian Accident Lawsuit Statute of Limitations – California Laws Pedestrian accidents account for more than 60,000 serious injuries and 4,000 fatalities each year. According to California Pedestrian Right of Way laws driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian. Pedestrians are entitled to compensation for their  injuries from all negligent and liable parties which may include motorists, operators of public transportation vehicles including buses and trains, and government entities for defective crosswalks and traffic lights resulting in collisions. Statute of Limitations of Lawsuits against Private Party Motorists: Statute of Limitations refers to the law the limits the amount of time within which a victim involved in a car accident may bring about legal proceedings. In the state of California, an individual has 2 Years from the date the injury took place in which to file a lawsuit nongovernmental (ie private) motorists. More Information on California Civil Statute of Limitations Laws Pedestrian Struck by Public Transportation Vehicles – Buses and Trains: The Vast majority of Bus Lines operated in the States of California are controlled by governmental (ie public) entities. In the State of California an injured party seeking monetary recovery against a public entity  has 6 Months to file a claim. From then on you will have 2 years from the date of the accident to file your law suit. The six month limited time line to file a claim against public entities also applied to
  • Pedestrians who have been struck by Police Cars and CHP – County Sheriff’s Patrol Vehicles,
  • Other vehicle owned and operated by government agencies
  • Pedestrian Accidents Caused By Defective Traffic Signals and Cross Walks
What if My Time Period for Filing a Lawsuit has run Out -Tolling of the Statute of Limitations: In some instances California courts will allow of a statute of limitations based on severe factors affecting the injured party. A tolling of a statute is defined as a halting of the time period a plaintiff has to file a claim against a defendant. Some exceptions to a Statute of Limitations time line include (1)  Mental Incapacitation of the Injured victim (2)  Physical Incapacitation of the injured victims (3) Manifestation of the Injury took Place After the Negligent Conduct Resulting in the injury to the pedestrian (4) Minor Status of the Injured: The Injured party was a minor under the age of 18 when the cause of action took place. According to California judicial law a minors statutory period does not begin to run until her eighteenth birthday. At that point a minor has two years to file the claim Compensation Available in a Pedestrian Injury Claim Victims of Pedestrian-Motorist Collisions are entitled to monetary compensation for all their losses including financial recovery for (1) Medical expenses including hospitalization (2) All future medical expenses (3) Pain and Suffering including emotional trauma (4) Lost wages and loss of future income.


My father, a US veteran, was homeless for many years, lived by collecting cans, and other off the book jobs, resided in many places but mostly in train tunels, He did a magazine article about having a thanksgiving dinner for the homeless in NYC under the bridge 20 yrs ago, and also did a documentary on HBO called REDEMPTION. so his lifestyle was known, and he was struck and killed by the Amtrak train August, 2012, No news papers or news, media was this mentioned. His body was found a week later decomposed so much we had to do dna testing for a positive id. My big problem was why would it take so long to find a dead body in a Amtrak train tunnel which is suppose to be patroled daily? also No report was ever made by Amtrak about this accident. I have not filed a lawsuit because I was afraid to bring up such a sentimental case, and have this be dragged out only to be told it is pointless. I want to know, if a full investigation should have been made to rule out homicide, as well as negligence on the part of Amtrak? Please help!

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