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Pedestrian accidents are a serious concern, especially in busy urban areas with high foot traffic. Pedestrians encounter hazardous conditions and risk getting struck by vehicles. The injuries they sustain can range from minor bruises and sprains to severe and life-altering conditions such as brain injuries, spinal cord damage, or even death. Apart from injuries, the incident could also cause long-term effects, such as post-traumatic stress disorder (PTSD). According to a study published in the National Library of Medicine, about 30% of children exposed to traumatic events such as accidents develop PTSD every year.
Compensation could help victims recover and move forward. However, pedestrian injury settlement amounts vary widely. While there is no standard figure, several factors, such as the severity of the injuries, the circumstances of the accident, and more, influence how much victims can potentially receive. Medical expenses, lost wages, and the injury’s long-term impact on the victim’s quality of life also contribute to the final settlement amount.
Pedestrian Accident Settlements: Calculating The Average Payout
There is no easy way to calculate an average payment for a pedestrian accident, as each case is unique. A wide range of factors can influence the final result, making it easier to predict a specific amount after reviewing all aspects of the case.
Furthermore, there is little publicly available data on these settlements, mainly because most accident settlements are confidential. The lack of accurate information can be frustrating for individuals who want to know what to expect in their case. However, experienced pedestrian accident attorneys can offer guidance in these situations.
Competent legal counsel can review the details of the incident and come up with a clear estimate of the damages. They can also work with experts like medical professionals, economists, and vocational rehabilitation specialists to estimate the damages comprehensively. By combining all this information, a pedestrian accident lawyer can present a detailed and comprehensive case for damages, working to pursue compensation reflecting the full extent of their losses.
Factors Influencing Pedestrian Accident Settlements
In the aftermath of a pedestrian accident, victims often face mounting medical bills, lost wages, and a long road to recovery. One of the most pressing concerns for victims is seeking these damages. However, pedestrian injury settlements depend on several critical factors, including the following:
Insurance Coverage
One of the first steps in any pedestrian accident case is determining whether the at-fault party has insurance coverage. If the at-fault driver has sufficient insurance coverage, it could provide financial support to cover medical expenses, lost wages, pain and suffering, and other damages.
If the driver responsible for the accident is uninsured or if their insurance coverage is insufficient, victims may find themselves with limited options. In such cases, uninsured/underinsured motorist (UM/UIM) coverage can be vital. If you have auto insurance, your (UM/UIM) policy may cover the damages caused by an uninsured motorist accident.
It’s important to review your auto insurance policy to determine if you have adequate UM/UIM coverage, as the limits may vary depending on your insurer and the state in which you live. In some states, insurers are required to offer this coverage, but you may need to request it specifically.
Percentage Of Fault
The number of defendants can affect settlement amounts, as multiple parties at fault may complicate proceedings. In states like California that follow pure comparative negligence law, pedestrians can still seek damages even if they are partially at fault. Still, their compensation will be reduced by their percentage of fault. For example, if a pedestrian is 30% at fault, they may receive 70% of the total amount.
Severity Of Injuries
Unlike drivers or passengers who are protected by the structure of their vehicle, pedestrians have no such protection, making them highly susceptible to serious harm when struck by a car or truck. The force of impact in these motor vehicle accidents can cause a wide range of injuries.
Some pedestrian accidents cause minor injuries, such as bruises, sprains, or cuts. These often need short-term medical treatment, which may result in lower settlements due to lower medical costs and shorter recovery times.
Severe or catastrophic injuries, such as traumatic brain injuries (TBI), spinal cord injuries, internal organ damage, or amputations, can result in permanent disability or impairment. These types of injuries often require multiple surgeries, long-term care, and extensive rehabilitation. Victims may face a lifetime of medical care and may be unable to return to their previous level of functioning or employment.
In cases involving catastrophic injuries, the settlement amount could be substantial if it needs to cover not only the immediate medical expenses but also future medical costs, lost earning potential, pain and suffering, and diminished quality of life.
Varied State Laws
Some states cap the damages pedestrian accident victims can seek. If your state has these caps, you may potentially receive less than someone in a state without caps. For example, California allows victims to pursue full compensation for their injuries, medical expenses, lost wages, and other losses.
Client’s Risk Tolerance
Risk tolerance refers to an injured victim’s decision to accept a settlement offer or pursue a higher verdict in court. Some may risk trial for more considerable compensation despite legal costs and uncertainties, while others in urgent need may settle quickly for a lower amount to get financial relief sooner.
Insurance companies are thus more likely to negotiate a settlement as early as possible, sometimes before the victim can hire legal counsel. However, an early settlement can be insufficient, especially if you still don’t know the full extent of your damages. Hiring a pedestrian accident attorney can help you anticipate and address these issues.
Credibility Of The Evidence
You have a better chance of supporting your position in settlement negotiations with substantial and compelling evidence. Key pieces of evidence include:
- Medical bills, diagnostic records, and laboratory tests.
- Photos and videos captured at the scene
- The police report and any additional documentation.
- Statements from the accident and expert witnesses.
- Medical summary of your injuries and health prognosis.
- Income statements, which testify to your lost earnings.
- Your statement on the profound impact of the pedestrian accident on your life.
Damages In A Pedestrian Accident Settlement
Victims of pedestrian accidents may pursue compensation based on the losses they suffered. The common types of damages in pedestrian accident cases are:
Medical Costs
Injuries sustained by pedestrians almost always require immediate medical attention, hospitalization, surgery, rehabilitation, medication, and/or aftercare. When life-threatening injuries require lifelong care, the medical costs can easily reach hundreds of thousands to millions.
A reasonable settlement must anticipate future medical expenses in addition to covering a victim’s ongoing medical bills. A skilled pedestrian accident lawyer can help estimate these expenses.
Lost Wages And Loss Of Future Earning Capacity
Severe injuries from pedestrian accidents can cause victims to lose their income. If they miss work, they can pursue compensation for lost wages. For example, the average 2023 U.S. wage is $66,621.80. A three-month absence costs about $16,665.45 in lost wages. Some factors, like multiple jobs or side businesses, can affect this amount.
Victims with permanent disabilities can seek compensation for loss of future earning capacity. This considers pre-accident income, potential career growth, and expected work-life expectancy.
Property Damage
While property damage is less common in pedestrian accidents compared to vehicle collisions, it can still occur and may play a role in the victim’s claim for compensation. Pedestrians often carry personal belongings, such as cell phones, laptops, or cameras, which can get damaged during an accident. Victims can seek compensation for damaged or destroyed property as part of their pedestrian accident claim.
Pain And Suffering
It is difficult to quantify pain and suffering in a pedestrian accident lawsuit. However, serious injuries from pedestrian collisions can result in a lot of suffering and anguish for the victim. Pain and suffering may cover several losses, including:
- Distress or mental anguish
- Loss of enjoyment of life
- Injury-related pain
- Permanent disability or disfigurement
Pain and suffering damages are subjective. Unlike economic damages, such as medical bills or lost wages, these damages are subjective and do not have a fixed monetary value. Nevertheless, they are often considered part of a settlement or court award.
Wrongful Death Damages
There were 7,522 pedestrian fatalities in 2022. About 18% of all traffic collision deaths are pedestrians. While pedestrian deaths were roughly the same in 1975 as in 2022, pedestrian fatalities have increased by 78% since reaching their lowest point in 2009, according to the Insurance Institute for Highway Safety.
If someone dies because of someone else’s negligence, their surviving spouse or family members can sue for wrongful death to seek monetary damages. The economic damages for wrongful death cases may include:
- Funeral and burial costs.
- The deceased’s reasonable contribution to their family throughout their life.
- Beneficiaries and gifts that the surviving family members would have received if the deceased had not died.
Apart from economic damages, the families and loved ones of the victims may also pursue compensation for the intangible losses they suffered, including the following:
- Loss of consortium after the death of a spouse.
- The loss of companionship, love, and support.
- Damages related to emotional trauma, pain, and suffering suffered by surviving family members.
Legal Fees
When insurance negotiations fail, victims may file a personal injury lawsuit, which involves various legal fees, such as court filings, staff hours, depositions, and expert witnesses. Fees vary by location and claim value, with filing fees starting at $225 for claims under $35,000.
To ease the financial burden, our personal injury law firm in California works on a contingency fee basis. We get paid attorney’s fees only if we recover compensation for you, making legal representation accessible without upfront costs. However, clients may still have to cover some case-related costs regardless of how their claim resolves.
The Role Of Legal Representation In Pursuing Pedestrian Injury Settlements
Insurance companies representing at-fault parties often work to protect their own and their policyholders’ interests. This may involve offering low settlements to minimize costs. An early settlement offer may not cover accident-related expenses, including future medical costs. Consequently, this can lead to a substantial financial burden on top of the stress of managing your injuries.
Having skilled legal representation can help victims pursue the full compensation they may legally deserve. Lawyers experienced in pedestrian accidents play a crucial role in the claims process’s legal and practical aspects, helping to negotiate settlements and advocate for the victim’s rights throughout the journey.
Here are some of the things they can do to help you with your claim:
Investigate Your Accident
Substantial evidence is crucial for supporting an injury claim. With solid proof, it can be easier to convince insurance companies, opposing counsel, or even a judge that the pedestrian’s injuries were caused by the accident and that they may thus deserve compensation.
Personal injury attorneys investigate cases independently when they accept them. The length of this process may vary depending on the complexity of the incident. Skilled injury attorneys will take the time necessary to conduct these investigations and keep the client updated at every stage. They will:
- Interview witnesses.
- Obtain and examine police reports.
- Consult with medical professionals and subject matter experts.
- Arrange a reconstruction of the accident.
Develop Personalized Strategies
Every pedestrian injury case is unique, and pursuing a settlement involves developing an individualized strategy tailored to the specifics of the incident and the victim’s needs. A one-size-fits-all approach is rarely effective in personal injury claims, particularly in cases involving pedestrians who have suffered serious harm. The strategy for each case should consider the nature of the accident, the injuries sustained, the legal complexities, and the victim’s long-term needs.
Negotiate And Litigate
A personal injury attorney’s main objective is to help their clients seek compensation that accurately represents their losses. When mediation fails, and insurance companies’ initial offers don’t appear to address the client’s suffering, the process moves to court. In these situations, personal injury attorneys present the case to a judge and advocate for the client. While litigation can be expensive and time-consuming, pursuing litigation to seek compensation may be necessary in certain situations.
What You Can Do To Support Your Compensation Claim After A Pedestrian Accident
You can take specific measures in a pedestrian accident to protect your rights. Steps like these could be especially important if someone’s negligence caused your injuries. For example, you could:
Get Medical Attention Right Away
The first step after a pedestrian accident is to seek medical attention, even for minor injuries. Collisions can cause hidden harm that needs early treatment. Medical care ensures proper assessment and creates a treatment plan, which could include therapy or surgery.
Having medical records is crucial for your claim, as they link injuries to the accident, supporting your case for compensation.
At Arash Law, our personal injury lawyers can help connect clients with healthcare providers for medical care and support for their cases.
Make Sure You Document The Scene Of The Collision
Photos and videos can provide a clearer picture of what happened in the pedestrian accident. If you can, document the following:
- Injuries you sustained.
- Damages at the accident scene.
- The driver and vehicle involved.
You should obtain the contact details and insurance information of the at-fault driver. You should also get the names and contact information of any eyewitnesses. Get a copy of the police report once it becomes available. This official document can also corroborate your account of the incident.
Arash Law is here to help if you cannot gather evidence alone. Our experienced team of investigators, paralegals, and personal injury attorneys is equipped to handle this critical aspect of your case. We can take the necessary steps to collect key evidence on your behalf to help document and preserve all pertinent information.
Do Not Use Social Media
Most people have heard the saying, “Everything you say can and will be used against you in a court of law.” However, many people need to be made aware that this statement also applies to social media posts, which can hurt an injury claim in several ways.
There may be a problem if your social media profile paints a different picture from what you allege. It is in your best interest to remain silent and stay off your social media accounts as your case progresses. Generally, you should not discuss any part of your injury case until it has been settled.
Do Not Settle With The Insurance Company Immediately
It is completely natural to feel the need to settle immediately after an accident. However, many insurance companies generally make low settlement offers because they anticipate being held liable for a significant sum. If you accept this offer, you cannot seek compensation for future unforeseen losses.
Since insurance companies are businesses, their priority is to maximize their profits. It may not be a good idea to accept the first offer you get. Work out a settlement with your insurance provider by hiring an experienced attorney for pedestrian accidents.
File Your Case As Soon As Possible
Time is of the essence, so it’s essential to file your case as soon as possible. Once the statute of limitations has expired, you might not be able to pursue compensation. Here are some of the things that could happen:
- The credibility of your evidence may weaken over time.
- You may not be able to recall the details of your accident accurately.
- Some evidence may be lost or destroyed as time passes.
For instance, in defective drugs or product liability cases, the drug itself will degrade over time, making contamination harder to prove. The same goes for its packaging and other possible evidence.
The personal injury attorneys at Arash Law can help you avoid unnecessary delays. Our goal is to file your claim within the applicable legal deadline and help you seek compensation that covers your losses.
Know Your Rights And Get Legal Support
Get in touch with a pedestrian accident lawyer after obtaining medical care. Some insurance companies may try to dispute your claim. Having an experienced injury attorney on your side will help you understand your rights. They can also assist you in gathering evidence to support your case.
Throughout the process of your case, personal injury attorneys can keep you updated. They work to provide the resources you need to make informed decisions about your case.
Seeking Compensation After A Pedestrian Accident
In a no-fault state, parties only have coverage from their insurance in the event of an accident. Regardless of who was at fault for the accident, each party files a claim with their insurance.
Meanwhile, in fault states, the person who caused the accident is usually responsible for covering any damages. In the aftermath of an accident, the following parties can be liable for medical expenses:
- The driver of the vehicle involved.
- The vehicle owner (if the owner is not the driver).
- A government entity that contributed to the accident (ex., poor highway maintenance).
- The insurance company for the pedestrian.
- Employers (if the driver was on company business when the accident occurred).
To seek damages from a defendant liable for the accident, the victim must prove the following in a pedestrian accident claim:
- The liable party owed the victim a duty of care.
- The liable party breached this duty.
- The liable party’s negligent actions caused the accident.
- The victim sustained damages because of the accident.
Frequently Asked Questions (FAQs)
How Do You Respond To A Low Settlement Offer?
Consult with an experienced personal injury lawyer before accepting a settlement offer. If the insurance company asks you directly about the settlement, you should tell them you must speak with your legal counsel first.
Your attorney can assist you in assessing whether the offer is fair and possibly pursuing other offers on your behalf. Our accident attorneys sometimes deal with insurance companies that may dispute or deny pedestrian accident claims.
How Are Settlement Payouts Calculated?
Every case is different, so estimating and calculating personal injury compensation can be difficult. However, several factors are considered when negotiating a settlement.
For the most part, special or economic damages are easy to calculate. These are tangible damages, which include lost wages and hospital bills. You need to compute the total amount of your medical expenses and other costs you incur due to the pedestrian accident.
General damages, which include pain and suffering, are much harder to calculate. These damages are dependent upon subjective assessments. One method for determining the potential value of non-economic or general damages is to multiply the value of your special damages by a factor typically ranging from 1.5 to 5, depending on the severity of your injuries.
How Much Can You Get For Your Pain And Suffering?
Though there’s no guarantee that you’ll “get” anything when filing a claim, you may pursue compensation for pain and suffering in a pedestrian accident. The amount depends on factors like injury severity, healing time, age, health, financial losses, and accident location. Severe injuries, such as traumatic brain injuries or spinal cord injuries, may result in higher compensation, while minor injuries like sprains may result in lower settlements. However, this isn’t always the case. It can be helpful to consult a pedestrian accident lawyer to evaluate your specific case.
What Injuries Pay The Most?
Specific injuries typically result in higher settlement amounts due to the damage they cause and their long-term consequences on the victim’s life. Here are a couple of examples:
- Traumatic brain injuries (TBIs) are serious and costly. Even mild concussions can have lasting effects, while severe brain injuries can cause permanent impairments. The high cost of treatment and care generally makes settlements for TBI cases substantial.
- Spinal cord injuries, particularly those causing paralysis, have life-altering effects. Victims need extensive medical treatment, therapy, and assistive devices like wheelchairs. The loss of mobility and independence increases the financial burden. Due to these injuries’ permanent and disabling nature, spinal cord injury cases often result in substantial settlements, though amounts vary greatly depending on individual circumstances.
Do I Have To Pay Taxes On An Injury Settlement?
The majority of personal injury settlements are tax-free. In addition, settlements are typically not reported to the IRS. Under tax legislation, all incomes are taxable. In other words, you must pay taxes if you make a profit. A personal injury settlement is often tax-exempt since it compensates the victim for a loss or harm rather than a gain.
How Are Injury Settlements Paid Out?
Personal injury settlements can be received in different ways:
- Structured Settlement — Paid monthly or annual installments, ideal for long-term expenses.
- Trusts or Annuities — Funds are managed in a trust or annuity for regular payments.
- Lump Sum Payment — A single payment from the responsible party, releasing further legal claims.
Should I Negotiate An Injury Settlement?
Yes, understanding the value of your case is crucial. Insurance adjusters often make lower initial offers when you may still not have knowledge of your claim’s worth, so it’s wise not to accept the first offer. Instead, consider consulting a lawyer. Our pedestrian accident lawyers are experienced in negotiating insurance offers.
Can You Sue If You Get Hit By A Car While Jaywalking In California?
The Freedom to Walk Act in California allows cautious jaywalking without citations. Irresponsible behavior like ignoring traffic lights can still result in citations.
If you get hit by a vehicle while jaywalking, you may still have the right to sue a reckless driver. Examples of driver negligence that our car accident lawyers often see in injury claims include:
- Driving under the influence.
- Texting while driving.
- Violating traffic laws, like speeding or running stop signs.
Consult a pedestrian accident lawyer for detailed guidance on your case.
How Long Does It Take To Settle A Pedestrian Accident Case?
There is no definite answer to this question. The length of an accident case depends on a number of factors. You need to consider the time it takes to collect evidence and how both parties are willing to resolve the case. If out-of-court negotiations fall through, you’ll have the option to file a claim in court. While litigation may extend the time to settle your claim, it could lead to a significantly higher settlement.
Will I Have To Take My Case To Court?
It is usually possible to resolve these types of disputes without court hearings. Attorneys will submit insurance claims on behalf of clients and seek settlements. However, there are cases in which these incidents proceed to trial, particularly when both parties have not reached an agreement. You will need experienced pedestrian accident lawyers when this happens.
Do I Need A Personal Injury Lawyer For My Pedestrian Accident Claim?
No rule prevents you from handling your claim yourself. However, you need to fully understand the laws surrounding your pedestrian accident claim to pursue appropriate compensation. Here are some ways a personal injury lawyer can assist you:
- Maintain strict compliance with all legal deadlines related to pedestrian accidents.
- Identify the damages you incurred and the necessary evidence to support them.
- Calculate your total losses and how much compensation is appropriate for you to seek.
- Negotiate with insurance companies and pursue a settlement.
- Represent you in court in the event that you and the at-fault party did not agree on a settlement.
Seeking Compensation? Talk To Our Experienced Pedestrian Accident Lawyers Today
If you’re suffering injuries after a pedestrian accident caused by someone else’s negligence, it’s important to seek legal advice as soon as possible. An experienced pedestrian accident lawyer can help you negotiate with the responsible party and assist in seeking fair compensation.
At Arash Law, we understand the emotional and financial burdens a pedestrian accident can place on you and your loved ones. Our California-based team of competent lawyers has decades of experience handling complex injury claims involving pedestrians. As an established personal injury law firm in California, we know the challenges these cases present and are fully equipped to tackle them to help our clients pursue compensation.
Our firm also handles personal injury claims involving drunk driving cases, bus accidents, Lyft and Uber collisions, motorcycle crashes, truck accidents, and more. Call our lawyers for pedestrian accident cases at (888) 488-1391 to get started with a free case review.
