Costa Mesa Pedestrian Accident Lawyer

Costa Mesa Pedestrian Accident Attorney

Vehicle accidents continue to be the leading cause of accidental deaths and injuries throughout California and the rest of the country. Every day, thousands of people suffer serious injuries from negligent drivers, some of which are fatal or permanently damaging. One of the most serious types of accidents that can occur is a pedestrian accident in which a vehicle strikes a person walking near or crossing a street. If you are involved in a pedestrian accident in any way, as either a driver or a pedestrian, you need legal advice you can trust if you intend to secure compensation for your damages.

The Costa Mesa personal injury lawyers at Easton & Easton have years of experience helping their clients navigate the most complex vehicle accident claims, including pedestrian accident claims. While these accidents almost always result in significant injuries to pedestrians, liability is sometimes unclear, and it is possible for an injured pedestrian to be partially responsible for causing this kind of accident. However, California law upholds that drivers have a higher duty of care to prevent accidents to pedestrians.

pedestrian accident lawyer costa mesa ca

Is It Worth Getting an Accident Lawyer for a Minor Car Accident?

Many people experience small fender-bender accidents that only result in minor cosmetic damage to their vehicles with no injuries. In this situation, it is possible for the parties involved to reach an agreement privately, typically referring to available insurance coverage to compensate the victim’s vehicles repair costs. However, even a seemingly minor car accident is capable of inflicting injuries that may not manifest immediately noticeable symptoms. If there is any room for doubt as to whether you need to take legal action beyond a simple auto insurance claim after a car accident, consult with an attorney as soon as possible.

Why Do I Need Legal Representation With A Personal Injury Attorney?

Navigating a car accident claim or pedestrian accident claim without an attorney is incredibly difficult. You must file the appropriate forms with the local court, gather extensive evidence to establish liability for your claims, and meet various other procedural requirements if you want to succeed with your claim. Working with an experienced Costa Mesa pedestrian accident lawyer is the best way to approach your legal options after experiencing a pedestrian accident.

Your personal injury attorney in Costa Mesa can handle the procedural requirements your case will entail, including submitting the necessary paperwork to the court and communicating with the defense on your behalf. They can assist you in gathering the evidence you will need to prove the full extent of your damages and help you maximize your recovery. Ultimately, one of the best aspects of hiring a reliable attorney to assist you after a pedestrian accident is the fact that you will be able to rest and recover with peace of mind knowing your legal case is in capable hands.

What Happens In Pedestrian Caused Accidents?

When most people think of pedestrian accidents, they imagine cars striking pedestrians, but what happens if you hit a pedestrian and it’s their fault? California upholds that drivers have a higher duty of care to prevent accidents than pedestrians due to the simple fact that a driver is much more likely to harm a pedestrian than vice versa. However, California also maintains a pure comparative negligence statute. This law states that if a plaintiff contributes to their claimed damages in any way, they lose a portion of their case award. This portion is equal to their level of fault for causing those damages.

Jaywalking is a common exampleof a situation that can lead to a pedestrian absorbing liability for their damages under California’s pure comparative negligence statute. Pedestrians have a duty of care to crossroads only at designatedcrosswalks and only when it is safe to do so. Most crosswalks have signs that indicate when pedestrians are allowed to cross. If a pedestrian crosses outside of a crosswalk or when the crosswalk light indicates it is not yet safe to cross, they put themselves at extreme risk.

In the event you hit a pedestrian who was jaywalking or otherwise failing to uphold their own duty of care, it is safe to assume that you will still absorb liability for their damages. However, the judge overseeing your case will likely assign the pedestrian a fault percentage, and the pedestrian’s case award will be reduced by that percentage. For example, if an injured pedestrian claims $100,000 in damages, but the judge determines they are 30% at fault for the accident, they lose 30% of the case award and receive only $70,000 instead.

If you are concerned about your liability for damages after a pedestrian directly causes an accident, you should consult an attorney as soon as possible. Your attorney can help you gather evidence to establish the pedestrian’s fault for causing the accident and potentially help you minimize your liability for their damages.

What to Do If You’re Hit by a Car as a Pedestrian

Most pedestrian accident claims are filed by pedestrians struck by negligent drivers. In the event you are hit by a car as a pedestrian in the Costa Mesa, CA area, your personal health and well-being should be your top concern. Most pedestrian accidents cause severe injuries to the pedestrians involved, and you will very likely be taken to the nearest hospital after being hit by a car. If you are able to move around after the accident, you should still seek medical care immediately. Prompt medical attention will ensure your injuries receive appropriate treatment and your doctor can identify injuries that may not be immediately noticeable, such as internal bleeding or organ damage.

After receiving medical treatment, your next step toward recovery should be to consult an experienced Costa Mesa pedestrian accident attorney. Your legal team will help you establish liability for your damages and assist you in gathering the documentation you will need to prove the full extent of your claimable damages.

Potential Damages and Compensation in a Pedestrian Accident Claim

Pedestrian accidents can easily cause catastrophic injuries to victims. Injured pedestrians may suffer broken bones, spinal injuries, and traumatic brain damage. Multiple injuries are likely, and the injured pedestrian may require months of recovery before they are able to work or resume their normal everyday life after a pedestrian accident.

If you are injured in a pedestrian accident, California law allows you to claim any and all damages resulting from the incident in your personal injury lawsuit. Damages in pedestrian accident claims typically include:

  • Immediate and future medical expenses. You have the right to claim the cost of any and all medical treatment you require after a pedestrian accident. This includes not only your hospital expenses and other immediate treatment costs for your injuries but also long-term medical costs for rehabilitation and ongoing therapeutic treatments you require.
  • Lost income and lost earning potential. Your pedestrian accident is likely to leave you severely injured and unable to work while you recover. You can claim your lost wages while you recovered in your pedestrian accident claim. If your injuries caused permanent disability that prevents you from working in the future, you have the right to seek compensation for your lost future earning capacity in your personal injury claim.
  • Property damage. If a negligent party causes damage to a victim’s personal property, the victim can claim repair or replacement costs in their personal injury lawsuit.
  • Pain and suffering. California law allows an injured plaintiff to recover compensation for noneconomic damages resulting from another party’s negligence. This includes the physical pain and psychological distress you experienced from your pedestrian accident. California does not limit the amount a plaintiff can claim in pain and suffering compensation except in medical malpractice cases.

Depending on the scope of your injuries, a successful personal injury claim for a pedestrian accident could provide you with substantial compensation for your losses. However, success with your personal injury claim requires proving the defendant you name in your claim was negligent in some way that directly caused your claimed damages.

pedestrian accident attorney costa mesa ca

Commonly Cited Injuries in Pedestrian Accident Claims

Whenever a driver hits a pedestrian, the pedestrian is likely to suffer severe injuries, including:

  • Traumatic brain injuries. The pedestrian may not only suffer a brain injury from the initial impact from the vehicle but also the secondary impact of hitting the ground. Some traumatic brain injuries will heal in time, but others cause permanent brain damage. It’s not uncommon for brain injury victims to experience a wide range of unpredictable symptoms, from persistent headaches and increased sensitivity to light and sound to memory problems and diminished cognitive ability.
  • Spinal injuries. The human spine carries signals from the brain throughout the body, allowing control over bodily functions and movement. If the spine is injured, this pathway is interrupted, and the severity of the spinal injury typically informs the extent of the damage. The spine also cannot repair itself the same way as the rest of the body, so any spinal damage an injured pedestrian suffers is permanent.
  • Broken bones. Crash impact forces in a pedestrian accident can easily cause severe bone fractures. Some broken bones may heal completely with proper treatment, but others can require surgical correction and long-term medical treatments.
  • Facial injuries. Damage to the face can result in dental injury, permanent disfigurement, blindness, difficulty eating, and speaking difficulties. These injuries are highly traumatic and tend to involve some measure of permanent damage.
  • Crushing injuries. In the event a car pins a pedestrian against a wall, another vehicle, or some other solid object, the victim can suffer catastrophic or fatal injuries. For example, a crushing injury to a limb can require amputation to save the victim’s life.

These are just a few examples of the types of injuries that pedestrians struck by cars have cited in their civil claims. It’s also possible for a pedestrian accident to be fatal.

What Happens If a Pedestrian Dies After Being Hit by a Car?

In the event a pedestrian accident is fatal for the victim, their surviving loved ones have the right to file a wrongful death claim against the driver responsible for the incident. A wrongful death claim takes the place of a personal injury claim a victim could have filed had they survived. California law allows the deceased’s spouse, domestic partner, parent, or adult child to file a wrongful death claim. If no such kin exists, then any party who can provide a legal interest in the deceased’s estate has the right to file a wrongful death claim.

Wrongful death claims function very similarly to personal injury claims, with a few notable exceptions. The plaintiff can recover many of the same damages as the victim could have in a personal injury claim. However, they also have the right to claim compensation for funeral and burial expenses, lost financial support the deceased provided to their family, and lost affection, care, and guidance provided by the deceased.

The Standard Procedure for a Pedestrian Accident Claim in Costa Mesa, CA

If you believe you have valid grounds to file a personal injury claim following a pedestrian accident in Costa Mesa, CA, it’s important to work quickly if you intend to maximize your compensation for your damages. California provides a two-year statute of limitations for filing personal injury claims, beginning on the date an injury occurred or the date the victim discovered harm done by another party. Two years seems like a long time, but when you account for the fact that you must determine the full scope of your claimable damages before filing your case with the Costa Mesa civil court, this timeframe can diminish quickly.

Your first step toward recovery after a pedestrian accident should be medical treatment for your injuries. Many pedestrian accidents cause severe injuries that require ambulance transportation to the nearest hospital for emergency care. Once you receive treatment for your injuries, ask your attending physician for a medical report. This document will include clear descriptions of all your injuries and the doctor’s prognosis for future complications resulting from those injuries. This document will be essential for ensuring you receive appropriate compensation for your immediate and future medical expenses.

Next, you should obtain a copy of the police report from your pedestrian accident. This report will include descriptions of the responding officer’s findings from the scene of the accident, including witness statements and other observations from the police that could be crucial in establishing liability for your damages.

Once you have the police report and your medical report, you are ready to meet with a Costa Mesa pedestrian accident attorney to discuss your claim. A good attorney will be able to quickly identify any potential challenges or unique opportunities present in your case and explain how your case is likely to unfold. Proving negligence in most pedestrian accident claims is fairly straightforward. Depending on how and where your accident occurred, your attorney may need to gather supporting evidence and consult with various experts to ensure they can hold the defendant in your claim accountable for their actions.

The majority of personal injury claims filed in the US settle outside of court. Settlement is more expedient than litigation and tends to provide better results for both plaintiffs and defendants. Plaintiffs may receive slightly less than they could from litigation, but they secure compensation more quickly and can avoid protracted legal battles. Defendants who are willing to assume responsibility for their actions can provide fair settlements to plaintiffs and then put these experiences behind them. However, if you file a personal injury claim against the driver who caused your pedestrian accident, there is no guarantee that they will be willing to enter settlement negotiations, and they may outright deny liability for your damages. If this occurs, your case proceeds to litigation, and it can take months for a pedestrian accident case to reach a conclusion when this happens.

What to Expect from Your Attorney

If you or a loved one have suffered severe injuries in a pedestrian accident in the Costa Mesa, CA area, you need a reliable attorney who can guide you through the legal process of obtaining compensation for your damages. At Easton & Easton, we take time to get to know our clients, so we fully understand how their experiences have impacted their lives. Our team will review your case, help you assess your damages, and explain how your claim is likely to unfold.

Your attorney will assist you in gathering the evidence you need to hold the driver responsible for your pedestrian accident accountable for their actions. Your legal team will also assist in proving negligence and establishing the defendant’s liability for your claimed damages. Easton & Easton strives to maximize the recovery of every client we represent. Rest assured that our team will explore every available avenue of recovery in your case and handle your legal proceedings so you can recover with peace of mind.

If you have suffered injuries and economic losses from a pedestrian accident, you need a Costa Mesa pedestrian accident lawyer to guide you through the legal side of your recovery. Contact Easton & Easton today to schedule a consultation with our team and learn more about how our firm can assist in your recovery.

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Firm Awards
Accredited Business Bbb Rating A+

The superior client service Easton & Easton provides has earned the firm an A+ rating from the Better Business Bureau.

Best Law Firms Orange County 2020

Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.

Reader's Choice 2019 Best Law Firm

Easton & Easton is honored to have been chosen by the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018.

Top 100 Trial Lawyers

Doug and Brian Easton have been selected as Top 100 Trial Lawyers for California each year since 2014 — honors given to less than 1% of attorneys.

The Best Lawyers in America

Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.

Top 50 Personal Injury Verdicts in California 2016

Brian and Matt Easton were recently honored for their efforts in securing a $1,850,000 verdict for a client in 2016, which was selected as one of the Top 50 Personal Injury Verdicts in California by

Super Lawyers

Doug and Brian have each been selected by Super Lawyers, an honor given to less than 5% of attorneys. Matt Easton has been selected among Super Lawyers' Up-and-Coming Top 25 in Orange County and Top 100 in Southern Califonia, an honor given to less than 1% of attorneys under 40 years old.

10 Best Personal Injury Law Firms in all of Southern California

Easton & Easton is honored to have been chosen as one of the "10 Best Personal Injury Law Firms” in all of Southern California" each year Since 2015 based on client satisfaction — one of the highest honors we could ever hope to achieve.

People Love Us On Yelp

Easton & Easton received the “People Love Us On Yelp” award in 2016 due to the exceptional client satisfaction reviews given by our clients over the years.

Premier 100 Trial Attorneys for 2015

Doug and Matt Easton have each been featured as Premier 100 Trial Attorneys for California since 2015 — honors given to less than 1% of attorneys.

Multi Million Dollar Advocates Forum

Brian and Matt Easton have each earned lifetime appointment to the Multi-Million Dollar Advocates Forum — The Top Trial Lawyers in AmericaTM through the results achieved for their clients. This is an honor given to less than 1% of attorneys in the United States.

Top Rated Lawyers AV Preeminent

Doug Easton has held the “AV Preeminent” Rating for over 30 years and Matt Easton received this prestigious distinction in 2015. The "AV Preeminent" rating is the highest possible rating for both legal ability and ethical standards, and is based on the legal profession’s oldest peer review rating system, dating back to 1887.

10 Best 2015 Client Satisfaction

Doug, Brian, and Matt Easton have all been chosen as one of the "10 Best" Personal Injury Attorneys in Southern California each year since 2015 based on client satisfaction, an honor given to less than 1% of personal injury attorneys - and Easton & Easton houses three of them.

American Board of Trial Advocate

Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a certain number of jury trials as lead counsel and approval by a majority vote of the ABOTA board.

The National Top 40 Trial Lawyers Under 40

Matt Easton has been selected each year since 2014 as one of the Top 40 Trial Lawyers Under 40 for California by The National Trial Lawyers — an honor given to less than 1% of attorneys.

Avvo Rating Top Attorney Personal Injury

Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.

Nation's Premier Top Ten Attorney Personal Injury

Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 based on their skill, experience, results, peer evaluations, and client reviews.

Nation's Premier Top Ten Attorney Personal Injury

Matt Easton has been selected as one of the Top 10 Personal Injury Attorneys Under 40 in California for 2015 by the National Association of Personal Injury Attorneys — an honor given to less than 1% of personal injury attorneys under the age of 40.

Nation's Top One Percent

Doug, Brian, and Matt Easton have all been selected by the National Association of Distinguished Counsel among the Nation's Top One Percent of Attorneys each year since 2017.

Orange County Personal Injury Lawyer | Costa Mesa Auto Accident Attorney | Catastrophic Injuries

“We look for the human story behind every injury or wrongful death. We prepare our cases for trial; reaching out to the jury with the most compelling evidence possible for the best verdict possible. Insurance companies know this and come to the table prepared to negotiate in good faith. Call us to see how we can turn your story into fair compensation.”

Partner W. Douglas Easton

What Our Clients Say

Coming out of my first auto accident as an adult, a very difficult and scary time to navigate and understand, I was so incredibly thankful to have been put in contact with Easton & Easton. I honestly was lost with how to handle paperwork, doctors, medical costs and what next steps were, and from the moment I spoke with Travis Easton and my case manager Katie, my mind was put at ease. They have made the entire process stress free for me as I recovered, and I am so grateful for them and their genuine care for my case. Communication from the start has been fantastic, especially making clear what my expectations for the entire process would look like, and I truly believe they have my best interest at heart. 100% I would recommend their firm for anyone that is needing representation! Read more…

Sara McClelland
My experience with Easton & Easton has been amazing! Gabriel Mendoza and my case manager Katie have been so helpful and taken so much stress off my plate. They’ve been super informative and honest and given me very clear expectations. They’ve taken such a terrible experience (my accident) and eased my mind about the outcome. I can’t thank them enough!! Read more…
Caila Dean

Ive used them twice and never been disappointed. Read more…

Lisa Bluemel

The Easton & Easton Law Firm is amazing! The entire team is very helpful and caring. They were always there to answer all my questions. They directed me through the entire process and stayed with me every step of the way. This team is outstanding and were wonderful to work with. Because of the tremendous effort they put on my case they were able to win my difficult personal injury case. I couldn’t have asked for a better law firm to handle my case. They are the Best! Thank you for your patience, professionalism, & guidance! I definitely recommend this firm to handle your case. They go out of their way to fight for your rights. THANK YOU… Read more…

Sofia Sanchez

I could not be more pleased with the services provided by the Law Offices of W. Douglas Easton. The senior partner Mr. Easton took the time to meet with me and my wife while I was still in the hospital, where he gave my family hope that there was light at the end of a very long, and very dark tunnel. Matt Easton then worked my case, and because of his dedication, experience and expertise I received a settlement that was larger than I EVER thought possible. It was truly astounding! Matt and the entire team at Easton & Easton looked out for me throughout my recovery, and in the end they gave me my life back. Five stars is not enough. Thanks Matt! Thanks Easton & Easton! Read more…

Dan Campbell

Brian and everyone at Easton and Easton are simply the BEST at what they do. Brian is thorough, easy to talk to, and truly cares about his clients. If you want a family of attorneys with perseverance and determination to fight for you, give Easton and Easton a call. I am glad I did. Read more…

Kyle Keith

What an amazing law firm, talk about going above and beyond to make such a painful experience go so well. I have referred a co-worker and a family member to them as well and everyone had such a great experience as I had. Read more…

Logan Ross

I can’t say enough amazing things about my experience with Travis Easton at Easton & Easton. Travis and his entire team (Katie, Amy, Dee, Michelle, & Araceli) are phenomenal. It provided me a lot of comfort to know I was being so well taken care of. I was especially impressed that every document for the case was perfectly written and specific to me. Nothing was generic, which shows the level of care and attention they put into each individual case. I had such a great experience and would highly recommend Travis Easton and his firm to anyone going through a personal injury. Travis took a bad situation and made the best of it for me. Thank you again, I’m forever grateful!!


Ashlee A.

Retaining Easton and Easton was one of the best decisions I’ve ever made! From the initial consultation to our final meeting, they were nothing short of exceptional. I was forced to retain their services after firing my previous attorney for not handling the case properly. I dealt with Gabriel and Brian (partner) exclusively throughout the case. They did as promised and were great communicators throughout the entire process. I will recommend them to anyone I know going through a personal injury case. They were ultimately able to untangle the mess caused by my previous lawyer and get a result that I was extremely happy with. Their staff is exceptional as well and provided top notch customer service. Amera was also extremely helpful and easy to deal with as well.

Jeffrey N.

I was in a pretty bad car accident and decided to have Easton & Easton represent me, Travis Easton to be specific. Travis Easton and his paralegal made the whole process effortless. They were so understanding and helpful! The entire thing was a gigantic mess, yet Travis managed to make it run like clockwork. I would HIGHLY recommend Easton & Easton! If you are ever in need of a personal defense attorney Easton & Easton is the firm to represent you!

Mark B.

They are the best law firm in Orange County period. Choosing them to represent me was the best decision of my life.
My life changed in a matter of seconds after a catastrophic spinal cord injury that left me disabled. Brian Easton and his team worked on my case non stop for 3 years and provided me the justice I deserved. I couldn’t have been more content.
I was treated with utmost respect and I felt like I was being represented by a close family member. The responses to my questions were quick and clear. What E & E has done for me is phenomenal.
My sincere thanks to Brian, Matt, Travis, Doug, Gabriel and Amera. They are what they are because of their dedication to provide high quality and professional service to their clients.

Vamsi P.

Brian Easton and his team, Gabe Mendoza and Amera Hajali, helped me during a very difficult time in my life. I had a significant injury from a car accident, and wound up seeking out Easton & Easton when I was having difficulties getting help from my doctors. The Easton team took a lot of stress off of me while acting as my advocates to help me get the care I needed, and saw my case all the way through to a healthy settlement.

They are the BEST!

Jennifer P.

I have nothing but good things to say about Easton and Easton. Brian handled my case professionally and communicated with me effectively throughout the process. He made sure that the process was effortless and as hands free as possible. This was super important for my busy schedule. I highly recommend Easton and Easton if you are ever found in a situation that you need an attorney.

Claudia C.

I would highly recommend Easton & Easton.
I was rear ended on my home and pushed into a semi-truck. I was not sure how to go about even using an attorney.
Brian, Gab and Amera were so good about helping me thru the process and representing me.
I was able to concentrate on getting myself better knowing they had my back, taking care of the details and keeping me informed along the way

Linda M.

The best Law firm by far. I would highly recommend Easton & Easton, LLP and ask for Gabriel Mendoza and staff. He and his colleagues did and exceptional service. Thank you for everything. Job well done!

Ericka P.


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