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Understanding the Statute of Limitations: How Long Do You Have to File a Claim?

Brandie Fuller September 1, 2026 3 minutes read

Being struck by a vehicle while on foot is a uniquely vulnerable experience, and the injuries that result are often severe given the complete lack of protection pedestrians have compared to someone inside a car. In California, injured pedestrians generally have two years from the date of the incident to file a claim, and reaching out to a pedestrian accident lawyer in Newport Beach promptly helps ensure that window is used effectively rather than allowed to quietly run down.

Pedestrian Claims Follow the Standard Two-Year Rule

Because pedestrian injuries frequently involve fractures, head trauma, or other serious harm, medical treatment can dominate the early months after an accident, leaving little energy to think about legal deadlines while dealing with surgeries, physical therapy, and the basic challenges of daily life. Still, evidence like traffic camera footage and witness statements begins to disappear quickly, making early documentation important even while medical treatment is still very much ongoing.

Fault in pedestrian accidents can also be more contested than people expect, particularly when questions arise about crosswalk use, traffic signals, or right-of-way at the specific location where the accident occurred. Building a clear record of the circumstances early on helps prevent these disputes from working against an injured pedestrian later in the process, when memories have faded and footage no longer exists.

Because so much of a pedestrian case depends on this kind of scene-specific evidence, involving someone who can begin gathering it right away, even while you’re focused on recovery, often makes a meaningful difference in how the claim ultimately turns out.

Pedestrian injuries also tend to involve higher medical costs relative to other types of accidents, given the direct impact the body absorbs without any surrounding structure to help lessen the force. That higher cost makes it especially important to fully document every aspect of treatment from the very beginning, rather than relying on memory or incomplete records later.

Because the injuries involved are often severe, insurance companies sometimes respond by disputing liability more aggressively than they would in a typical vehicle-to-vehicle collision, simply because the potential payout is larger. Anticipating this kind of pushback from the outset, rather than being caught off guard by it, allows a claim to be built with the necessary evidence already in place.

Recovering from a pedestrian accident takes time and focus, but preserving your legal rights doesn’t have to compete with that recovery if you get organized early with the right legal support behind you, handling the deadlines and paperwork on your behalf.

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Brandie Fuller

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