In California, a pedestrian injury lawsuit generally must be filed within two years under Code of Civil Procedure section 335.1. If a public entity such as a city, county, Metro/LA Metro, school district, or state agency may be responsible, a written claim generally must be presented within six months under Government Code section 911.2.
Key Takeaways
- The general California pedestrian injury lawsuit deadline is two years under Code of Civil Procedure section 335.1.
- A public-entity claim generally must be presented in writing within six months under Government Code section 911.2.
- A written rejection of a public claim generally starts a six-month lawsuit period under Government Code section 945.6.
- Promptly identify the vehicle owner or agency, preserve photographs and witness information, and calendar all notices.
A pedestrian collision in Los Angeles can involve a driver, a public bus, or a government vehicle, and those possibilities can affect the steps and deadlines. This guide helps injured pedestrians and families understand the ordinary California injury period and the separate public-entity claim process. It also outlines practical records to preserve while the facts are being investigated.
By Steven Bash, Founding Partner · Legally reviewed September 23, 2026.
The ordinary California pedestrian injury deadline
A lawsuit for injury caused by another person's wrongful act or neglect generally must be filed within two years from the date of injury (Code of Civil Procedure section 335.1). This is the usual civil injury period for a pedestrian hit by a private driver, but the identity of every responsible party matters. A collision involving a public entity can require an earlier written claim.
Filing a claim with an insurer, asking for payment, or exchanging information at the scene is not the same as filing a lawsuit. Negotiations do not, by themselves, change the deadline identified here. Keep the collision date and any communications in one place, and do not wait until treatment is complete to ask which filing periods apply.
The correct deadline for an individual case may depend on facts not covered in this guide. Use the general rule as a prompt to investigate, not as a reason to wait. An attorney can review the injury date, parties, and available notices.
Why a public vehicle or agency changes the procedure
If a city, county, Metro/LA Metro, LAUSD, Caltrans, the State of California, or another public entity may be responsible, a written claim generally must be presented within six months of the injury under Government Code section 911.2(a). This step generally comes before a lawsuit against the public entity. A Metro bus or school-district vehicle may warrant prompt inquiry into ownership and operation, but the entity's involvement alone does not prove fault.
Determine which organization owned or operated the vehicle and whether a public employee was acting for an entity. Preserve the vehicle description, route or identification information if available, incident details, photographs, and witness names. Do not assume a brand or uniform conclusively identifies the legally responsible party.
A private-driver claim may proceed alongside a public-entity issue, and the different claims can have different procedures. List each potential defendant separately and ask about its deadline. A claim submitted to one entity should not be assumed to cover another public agency or private driver.
What happens after the public claim is submitted
If the public entity rejects the claim in writing, a lawsuit generally must be filed within six months of the rejection notice (Government Code section 945.6(a)(1)). If no written rejection was sent, the general period is two years under section 945.6(a)(2). Keep the notice and the envelope or other delivery information because the date is important.
A late-claim application may be made within a reasonable time, but no later than one year after the injury (Government Code section 911.4). That procedure is limited; it does not automatically extend the deadline or ensure acceptance. If you believe the six-month period has passed, get legal advice promptly rather than assuming no remedy exists or waiting for the one-year limit.
Record the date the claim was delivered, any response date, and the date a written rejection arrived. A timeline is useful because the public claim, rejection, and lawsuit may involve different clocks. Retain proof of submission and the complete response, not just a note of a phone call.
Exceptions and special situations
A pedestrian injury involving a public roadway, bus, or other government-related circumstance should be evaluated early. The verified facts identify the six-month public-claim procedure and general exceptions to consider, but do not provide detailed tolling rules for minors or every special claimant. Do not assume age, delayed awareness, or an ongoing injury automatically pauses a deadline.
Similarly, multiple defendants can create parallel filing obligations. A person may have a claim against a driver and a separate potential claim related to a public vehicle or entity. The parties and their legal roles need investigation; do not rely on the general two-year period to preserve every claim.
If you are unsure about a deadline, gather the date of injury, any correspondence, insurance details, and public-entity information. A prompt review is particularly important when any government-owned vehicle, employee, property, or roadway condition may be involved.
If a deadline may have passed
A missed filing period can create a significant barrier, but whether the deadline has passed and what relief may be available depend on the facts and applicable procedure. Government Code section 911.4 describes a late-claim application within a reasonable time, no later than one year after injury; filing the application does not ensure relief.
Do not ignore a potentially missed deadline. Collect every submitted form, delivery confirmation, rejection letter, insurance communication, and court document, then ask a California attorney to assess the dates. An insurer's statement about a claim is not a substitute for an independent limitations review.
Do not discard evidence while the date issue is being evaluated. Witness contact information and video may become harder to obtain even where a deadline question remains unresolved. Preserve what you have without altering the originals.
What to do now after a Los Angeles pedestrian crash
Write down the date, time, location, direction of travel, and the vehicles or public services involved while the details are fresh. Photograph the scene and visible injuries if appropriate, preserve clothing and personal items, and save contact information for witnesses. Keep medical records and communications in a secure folder.
- Identify whether a private driver, public bus, city or state vehicle, or public agency may be involved.
- Save vehicle identification, incident details, photos, and any notice or claim paperwork.
- Calendar the general two-year period and immediately ask whether the six-month public claim period applies.
- Keep proof of delivery and the full text of any written rejection.
Keep communications in their original form. If an adjuster, agency, or claims representative discusses a date, save the letter or email and note any telephone call, but do not rely on a verbal statement to extend a statutory period. A request for more information, medical authorization, or settlement discussion is not the same as a court filing or an administrative claim. Ask counsel to classify each document before treating it as a deadline event.
Families helping an injured pedestrian can assist by creating one chronological folder: emergency or incident information, treatment records, photographs, witness contacts, and every notice from a public or private party. Identify the source of each document and the date it was received. This is particularly helpful when the injured person is focused on care and more than one vehicle or agency may be involved. The file should make it easy to see which dates are confirmed and which remain uncertain.
Do not wait for an insurer to complete its investigation before asking about a possible public-entity claim. A vehicle can be operated by a public agency even when the pedestrian first learns the agency's identity later; early identification can help clarify who should receive a claim.
If the pedestrian is receiving care, a family member may preserve records and dates without making legal decisions on the injured person's behalf. Keep a list of medical visits and the names of institutions, but avoid circulating private records beyond those involved in care or claim review. Secure the original photographs, correspondence, and notices. If you receive a document from a public entity, save the whole document and its envelope rather than only noting the date on a calendar.
When multiple family members communicate with an agency or insurer, identify one contact person where practical and preserve each person's messages. Conflicting or incomplete accounts of when a notice arrived can create avoidable confusion. The priority is to get a lawyer to review the actual documents and dates early, especially where the public-entity claim period could apply.
When creating reminders, use both a calendar alert and a written deadline list, and identify the source for each date. A claim-submission date should be supported by a copy and delivery record; a rejection date should be tied to the written notice. Ask counsel to verify the computed deadline rather than relying on a self-calculation. This simple check is useful where the public-entity procedure and an ordinary injury lawsuit period are both in view.
If you were struck as a pedestrian in Los Angeles, a consultation can help identify the correct claim path and deadlines. Free consultation. No fees unless we win your case. Call (323) 850-0101 or visit Hollywood Injury Law Center. This guide is attorney advertising and general information only; it is not legal advice and does not create an attorney-client relationship.
Los Angeles County pedestrian claim context
Most personal injury cases arising in Los Angeles County are Los Angeles County Superior Court; the exact courthouse assignment should be confirmed for each case; confirm venue in a specific matter. The general injury period is two years under Code of Civil Procedure section 335.1. A claim involving a public entity generally must be presented within six months under Government Code section 911.2; a written rejection generally gives six months to sue under section 945.6. The firm's office is at 6253 Hollywood Blvd Suite 205, Los Angeles, CA 90028. If a public bus or agency vehicle was involved, identify its operator promptly and preserve route, vehicle, and witness details.