Home Costa Mesa Personal Injury Pedestrian Accident

Costa Mesa Pedestrian Accident Attorneys

Were You Injured While Walking in Orange County?

Pedestrian fatalities are on the rise in California, according to our Department of Motor Vehicles. But pedestrians in Costa Mesa have a right to share the road with bicyclists, motorcyclists, and occupants of motor vehicles. When negligent drivers run into them, pedestrians are likely to suffer serious – if not fatal - injuries.

If you or your loved one has been struck by a driver, you have the legal right to seek compensation for your injuries and losses. You should get medical treatment immediately after the accident. California is a “fault” state for auto insurance, but your health insurance may need to cover the bills up front. An experienced Orange County personal injury attorney can help you pursue the maximum compensation available under the law from the at-fault driver.

Back to Top

Common Injuries in Pedestrian Accidents

Pedestrians are completely unprotected in traffic. When a pedestrian is hit by a moving, 3,000-lb. motor vehicle, he is at risk of suffering catastrophic or fatal injuries. The type and speed of the vehicle, and what part of the body was impacted, are determining factors in the severity of the injuries. Common injuries include:

  • Traumatic brain injury: Car accidents are a leading cause of head trauma and traumatic brain injury.
  • Internal injuries: A pedestrian hit by a car may sustain rib fractures, internal bleeding, or ruptured organs.
  • Pelvic injuries: The hood design of vehicles is a contributing factor to pelvic fractures sustained in pedestrian accidents. Pedestrians hit by a car may suffer several different types of pelvic injuries.
  • Bone fractures: The external force of a motor vehicle hitting the body often causes bones to break.
  • Spinal cord injuries: When the spinal cord is damaged, it can have a life-altering impact on the victim.
  • Lacerations: Deep cuts or tear in the skin can have painful and lasting consequences.
  • Wrongful death: In the worst cases, pedestrians can die from their injuries after being struck by a motor vehicle.

Back to Top

Who Is at Fault for a Pedestrian Accident in California?

When a pedestrian is hit by a car, the driver who hit the pedestrian is usually at fault. Situations in which a pedestrian may be found partly or wholly at fault include walking out into traffic without looking or crossing the road in the middle of the block at night, wearing dark clothing. A driver who hits a pedestrian in a crosswalk has almost no chance of avoiding liability. A pedestrian who was not in a crosswalk when hit still has a good chance of winning a personal injury claim, provided he or she was paying attention to the road and did not run into the street without observing traffic.

When both the driver and the pedestrian are partly at fault, the comparative negligence rule in California allows insurance companies or the courts to apportion blame to the parties. The damages the pedestrian can recover will be reduced by the percentage of fault he or she bears for the accident. For example, if you were seriously injured and assigned 10% of the responsibility for the accident, if the damages awarded to you were $500,000, they would be reduced by 10% to $450,000.

Back to Top

What Is the Statute of Limitations for Pedestrian Accident Claims?

A statute of limitations is a time limit imposed by law, after which your claim is forever barred. In California, you have two years after the date of a pedestrian accident to file a claim in civil court against the responsible party. It is critical to file a lawsuit within this timeframe unless the case is favorably settled before that time.

Back to Top

Get Legal Help After a Pedestrian Accident in Costa Mesa

After a serious pedestrian accident, our Costa Mesa personal injury lawyers at Allen Flatt Ballidis & Leslie can investigate and gather witness statements, photographs, and other evidence to support your claim, including video evidence when available. We understand insurance companies will try to shift at least part of the blame to you, and we can negotiate skillfully with their representatives on your behalf. If necessary, we can fight for the compensation you deserve in court. Call us today at (949) 752-7474 to schedule a free consultation.

Back to Top

Additional Information

Call (888) 752-7474, or send over our free case
review form, even if you're not sure. We're here to help.

Free Case Review

We’re here to help.

We're sorry about what happened to you. It shouldn't have, and that's why we do what we do - go after justice for people who were injured by someone else. You're not alone. Reach out, engage with us, and contribute your expertise to the process. This is a relationship - we can learn just as much from you as you can from us!

After all, it's your needs we're fulfilling. If you want a great Orange County personal injury attorney who you can trust, contact Allen Flatt Ballidis & Leslie.

Se Habla Español مکالمه به زبان فارسی

Get In Touch

Allen Flatt Ballidis & Leslie
4400 MacArthur Blvd Ste 370
Newport Beach, CA 92660
Toll Free: (888) 752-7474
Local: (949) 752-7474
Email: contactus@allenflatt.com

Costa Mesa Pedestrian Accident Lawyer Disclaimer: The information on this site is not, nor is it intended to be, legal advice. You should formally consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please be advised, however, contacting us, submitting a case to us, and/or discussing your case with us does NOT create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

©2023 Allen Flatt Ballidis & Leslie. All Rights Reserved. Website Design, SEO and Legal Internet Marketing by: SLS ConsultingSLS Consulting

Free Case Review

Our legal team is ready to help you. Complete the following form and a member of our staff will reach out to you within 24 hours to discuss your case. All submissions are confidentially reviewed by Allen Flatt Ballidis & Leslie.

Se Habla Español مکالمه به زبان فارسی