What’s The Average Pedestrian Accident Settlement?
Were You Involved in a Pedestrian Accident?
Pedestrian accidents are traumatic and can lead to physical injuries, emotional distress, and financial strain. Understanding the steps to take after a pedestrian accident that can impact your settlement value is crucial. If you were hit by a car, it’s crucial to get prompt medical attention. Not all serious injuries are immediately apparent, but a medical professional can assess your condition accurately. Additionally, it’s important to document the incident by reporting it to the police and gathering contact information from witnesses. Regarding the average payout for a pedestrian hit by a car, it depends on various factors that we will go over in this blog.
Factors Affecting the Average Payout for Pedestrian Hit by Car
When it comes to determining the settlement value in a pedestrian accident case, certain factors can impact the compensation you may recover. The average settlement amount typically varies depending on the unique circumstances of the pedestrian accident. Certain factors that can impact pedestrian accident settlements include the following:
The severity of the injuries – The extent of your injuries can significantly influence the settlement amount. Catastrophic injuries often lead to higher compensation. A catastrophic injury occurs when a person suffers a long-lasting injury or permanent that does major damage to their body parts or organs. Severe injuries may include:
- Traumatic brain injuries
- Spinal injuries
- Organ damage
Liability – Establishing liability in a pedestrian-car accident case is crucial. If the driver’s negligence is evident, it strengthens your case and increases the amount of compensation you may be able to recover. If the pedestrian shares some responsibility for the accident, it might affect the settlement amount.
In states that follow a comparative negligence rule, like California, the amount of compensation recoverable may be reduced when the plaintiff shares fault. If the pedestrian shares fault with the driver, the pedestrian may not be able to recover the maximum compensation. The damages recoverable will be decreased depending on the percentage of fault assigned to the parties involved.
Insurance coverage – The driver’s insurance coverage and your own insurance policies, such as uninsured motorist coverage, can impact the available compensation. A personal injury lawyer can help you file an insurance claim with the other driver’s insurance policy and will work to secure you a fair settlement.
Legal representation – Having an experienced pedestrian accident lawyer can make a substantial difference. A skilled personal injury attorney can negotiate effectively and present a strong case on your behalf.
Will the Other Driver’s Insurance Company Pay for My Damages?
If the driver is at fault, their liability insurance should cover your medical expenses and other damages up to their policy limits. Your health insurance can also help cover your medical bills. However, you might have to reimburse your healthcare provider from your settlement amount once the case concludes.
Uninsured/underinsured motorist coverage protects you if the driver lacks insurance or has insufficient coverage. It ensures you receive compensation even if you were involved in an accident with an uninsured driver.
Common Pedestrian Accident Injuries
Pedestrian accidents can result in a wide range of injuries. Common injuries sustained by pedestrians in accidents include:
Fractures and broken bones – Pedestrians often suffer from broken bones in car accidents due to the impact of the collision.
Head injuries – Unfortunately, traumatic brain injuries, concussions, and other head injuries are common.
Spinal cord injuries – In severe cases, traffic accidents can lead to spinal injuries, causing partial or complete paralysis.
Internal injuries – Blunt force trauma can cause internal injuries which can lead to organ damage and internal bleeding.
Soft tissue injuries – Sprains, strains, and contusions are common soft tissue injuries resulting from pedestrian accidents.
Types of Compensation Available for Pedestrian Accident Victims
In a pedestrian accident claim, victims may be eligible for various types of compensation to cover their losses and suffering. Pedestrian accidents often result in extensive medical expenses. These costs can quickly accumulate, putting significant financial strain on the victim and their family. The compensation available in a personal injury claim can include:
Hospitalization: If your injuries are severe, you might require hospitalization for surgeries, tests, and continuous monitoring, incurring substantial costs.
Medical treatment: Coverage for all medical treatments related to the accident, including ongoing medical care, medications, and rehabilitation.
Rehabilitation: Physical therapy, occupational therapy, and rehabilitation services aid in recovery but come with their costs.
Lost wages: Compensation for the income you lose due to missed workdays caused by the accident. This can also include future earning potential if your injuries result in long-term disability.
Pain and suffering: Victims may be able to recover compensation for the physical pain, mental distress, emotional trauma, and loss of enjoyment of activities experienced due to the accident.
Property damage: If personal belongings were damaged in the accident, you may be compensated for the repair or replacement of your property.
Wrongful death: The surviving family members can pursue compensation for damages including medical bills, funeral and burial expenses, loss of consortium, and pain and suffering.
Common Causes of Pedestrian Accidents
Unfortunately, pedestrian accidents are common across the US. In 2021, there were 7,388 pedestrian fatalities, which was a 13% increase from 2020. Common causes of pedestrian accidents include the following:
Speeding: Speeding is a factor in 29% of auto accidents nationwide. Drivers who exceed the speed limit have reduced time and space to slow down and stop their vehicles, making it harder to avoid pedestrians.
Failure to yield: Drivers failing to yield to pedestrians at crosswalks or intersections can lead to serious accidents.
Drunk driving: Alcohol impairs a driver’s judgment and cognition, increasing the risk of accidents involving pedestrians.
Distracted driving: Distractions like texting, talking on the phone, eating or drinking, or adjusting the radio divert a driver’s attention from the road, making it more likely to collide with pedestrians. According to the National Safety Council (NSC), 3,142 people died in crashes involving a distracted driver.
Fatigued driving: Fatigued drivers have decreased concentration and slower reaction times, making them prone to accidents.
Poor lighting conditions: Insufficient lighting, especially during nighttime, reduces visibility, making it difficult for drivers to see pedestrians.
Inclement weather: Rain, snow, or fog can impair visibility and make road conditions slippery, increasing the likelihood of accidents.
Maximize Your Settlement With the Help of a Pedestrian Accident Lawyer
Navigating the legal complexities of a pedestrian accident case can be overwhelming, especially while you are recovering from serious injuries. Hiring an experienced personal injury attorney can significantly increase your chances of maximizing your settlement.
- Pedestrian accident lawyers possess in-depth knowledge of personal injury laws and can guide you throughout the legal process.
- Personal injury attorneys can assess the strength of your case, considering liability, evidence, and applicable laws, and determine the value of your potential settlement.
- Experienced personal injury lawyers can engage with insurance companies and opposing parties to advocate for your rights and secure a fair settlement.
- Lawyers handle all legal paperwork, ensuring that documents are accurately filled out and filed within deadlines, preventing any delays in your case.
- If your case goes to court, an experienced trial lawyer can represent you and present a compelling case to the judge and jury on your behalf.
Contact a Pedestrian Accident Lawyer
If you’ve been involved in a pedestrian accident, contacting a pedestrian accident lawyer should be your immediate priority. As an injured pedestrian, you may wonder about your legal options. Most pedestrian accident lawyers offer free initial consultations. During your free case evaluation, you can discuss the details of your case and get legal advice without any financial commitment.
Pedestrian accidents can have devastating consequences and impact the lives of victims physically, emotionally, and financially. An experienced personal injury lawyer can fight for your rights and recover the compensation you deserve. At Alpha Accident Lawyers, we are dedicated to helping personal injury victims recover the maximum compensation available. Call our law office today to schedule a free consultation.
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