Hit by a Car in Westlake Village: What Are Your Rights?

Curt Brown, Esq. — Founding Partner

Local Westlake Village Injury Attorney · UCLA Law

Curt Brown is a founding partner at L&F Brown. He grew up in Thousand Oaks, just over the hill from Westlake Village, attended Thousand Oaks High School, graduated from UCLA Law School, and has spent his career handling injury cases on both sides of the LA/Ventura County line.

Being hit by a car in Westlake Village is a shocking, painful, and often life-disrupting event. In the immediate aftermath, you may be unsure of what to do, who to call, or what you are entitled to recover. California law gives pedestrian accident victims a comprehensive set of rights that, when properly exercised, lead to full compensation for the injuries, losses, and suffering caused by a driver's negligence. Understanding those rights from the outset shapes every decision you make in the days and weeks that follow.

A Westlake Village pedestrian accident attorney will explain your rights clearly and exercise them aggressively on your behalf.

Your Right to Full Compensation

California law entitles pedestrians struck by negligent drivers to full compensation for all damages caused by the accident. This includes economic damages: all medical expenses past and future, including emergency treatment, hospitalization at Los Robles Regional Medical Center (215 W Janss Rd, Thousand Oaks), surgery, physical therapy, specialist care, and any long-term treatment costs for permanent injuries. Lost wages from time unable to work are fully recoverable, as is lost earning capacity if your injuries affect your ability to work going forward.

Non-economic damages include pain and suffering, emotional distress, post-traumatic stress, loss of enjoyment of life, and loss of consortium for your spouse or domestic partner. In serious pedestrian accident cases, these non-economic damages often equal or exceed economic damages. California imposes no cap on non-economic damages in personal injury cases, giving fully injured plaintiffs the right to seek compensation that truly reflects the impact of the injuries on their lives.

Your Right to a Safe Pedestrian Environment

California law requires drivers to exercise due care for the safety of pedestrians and to yield to them in crosswalks. It also requires government agencies to maintain reasonably safe pedestrian infrastructure. If the city, county, or state failed to provide adequate crosswalks, pedestrian signals, lighting, or clear sight lines at dangerous locations in Westlake Village, such as busy intersections on Westlake Blvd, Agoura Road, or Lindero Canyon Road, you have the right to hold that government entity accountable.

Government claims against a public agency must be filed within six months of the accident. Westlake Village straddles the LA/Ventura county line, and whether you file with LA County, Ventura County, the City of Westlake Village, or Caltrans depends on which side of the line the accident occurred and which agency maintains the specific infrastructure that failed. An attorney confirms jurisdiction immediately and files all required government claims before deadlines expire.

Your Right to Legal Representation

You have the right to retain an attorney immediately after a pedestrian accident, even before speaking to any insurance company. Once you have legal representation, all communication goes through your attorney, protecting you from statements that could reduce your settlement. Attorneys who handle pedestrian accident cases work on contingency, meaning there are no upfront fees and you pay nothing unless you win.

Your Right to Decline an Early Settlement

Insurance companies sometimes make quick settlement offers shortly after a pedestrian accident, often before the full extent of injuries is known. You have the right to decline any offer until your medical treatment is complete or substantially advanced, and until an attorney has evaluated the true value of your case. Once you accept a settlement and sign a release, you give up the right to any additional compensation even if your injuries prove more serious than initially believed.

Your Right to Sue If Settlement Is Inadequate

If the at-fault driver's insurance company refuses to offer fair compensation, you have the right to file a lawsuit. In Westlake Village, the courthouse that handles your case depends on which side of the LA/Ventura county line your accident occurred. LA County incidents are litigated in the Chatsworth Courthouse and Ventura County incidents in Ventura County Superior Court. CHP covers US-101 incidents while LASD Lost Hills Station and VCSO cover local streets on their respective sides of the county line. Your attorney will determine the correct venue and pursue litigation if that is what it takes to achieve a fair result.

Time Limits on Your Rights

Your rights to compensation are time-limited. California's statute of limitations for personal injury gives you two years from the date of the accident to file a lawsuit. Government claims must be filed within six months. Preserving evidence, including surveillance footage and witness information, must happen immediately after the accident. Contact L&F Brown today for a free consultation and visit our Westlake Village personal injury page to protect your rights before any deadline passes.