Understanding Pedestrian Accident Settlements: How Much Can You Receive?
March 6 2023
The average settlement amount for a pedestrian hit by a car will depend on the severity of the injury, as well as the at-fault party’s financial circumstances and insurance coverage. An experienced personal injury lawyer can provide more information about potential settlement amounts in your particular case.
What is the Average Settlement for Pedestrian Hit by a Car?
When a pedestrian is injured in an accident caused by a negligent car driver, a settlement can be reached to pay for the damages in compensation for the injury. The amount of the pedestrianâs settlement will depend on the damage amount and the state laws regulating damages in such cases. It is difficult to accurately pinpoint or provide an average settlement amount for any one pedestrian hit by a car, since there are so many factors that affect the outcome of each case.
The severity of the injury sustained by the accident victim can play an important role in determining the size of a settlement. For example, an injured pedestrian who has suffered amputation due to their accident may be entitled to receive more than someone who has incurred minor fractures. All medical bills and economic losses, including lost wages and future earning capacity, must be factored into the calculation of the accident settlement. Other variables such as fault, comparative negligence, and insurance coverage limits can also complicate and influence final results. In addition, any non-monetary losses that result from victims’ injuries must be taken into consideration when verdicts are being determined; these typically address physical and emotional suffering rather than economic damage.
An experienced personal injury attorney should be consulted for an estimate on how much might be awarded in any individual case; however, based on averages from other areas, settlements typically range from thousands to millions of dollars depending on the circumstances surrounding the incident. Liability and fault is an especially crucial challenge when it comes to car accidents involving pedestrians because since pedestrian-car collisions are often severe, determining who was at fault is not always straightforward. Understanding liability and fault in these cases will help both parties prepare for negotiations when it comes time to settle a claim. This is discussed further in the following section: âLiability and Fault in Car Accidents Involving Pedestriansâ.
Liability and Fault in Car Accidents Involving Pedestrians
It is important to understand liability and fault when it comes to pedestrian accidents, as this information may play a key role in obtaining a successful settlement. Liability and fault refer to who is responsible for the accident, including any associated costs or damages caused by the collision. In most cases, car accidents involving pedestrians are placed on the driverâs fault since they should be alert and aware of pedestrians crossing the street or walking nearby.
However, pedestrians can also bear some responsibility depending on the circumstances. Drivers should obey all traffic laws, but so should those walking or running near roads or highways; failing to do so could cause an accidentâespecially if visibility is low due to darkness or weather. Similarly, a pedestrian could be at fault if their actions resulted in sudden turns in front of cars, making it difficult for drivers to avoid contact or swerve out of the way in time.
The court will investigate the evidence and assign percentages of liability to each party involved, if applicable. The amount of money each person receives from a settlement will depend on how much blame or fault they are assigned. For example, if a pedestrian is found 40% at fault the amount of money left over after the pedestrianâs compensation burden is taken out would diminish their total settlement amount.
Ultimately, understanding liability and fault in car accidents can help when seeking a pedestrian accident settlement. Knowing which party holds greater responsibility can help one decide how best to proceed with their case and receive what they rightfully deserve as recompense for an unfortunate incident.
With that being said, it is equally important to understand traffic laws as well as protected rights of pedestrians when navigating our roads and streetsâthe next section will cover this topic in detail.
- According to Statista, in 2018 the average claim payout for pedestrian accidents was $156,671.
- In one study, the median hospital charges for pedestrians hit by automobiles were found to be 2.6 times higher than non-pedestrian motor vehicle accidents.
- A 2018 study published in the Journal of Trauma and Acute Care Surgery found that hospital charges for pedestrians struck by cars increased from an average of $13691 in 2009 to $16757 in 2016.
Traffic Laws and Pedestrian Rights
Traffic laws are designed to help protect drivers, passengers and pedestrians from the dangers of a motor vehicle on public roads. However, when there is a pedestrian accident, it is essential for pedestrians to understand their rights which will help ensure that they receive the compensation they need after the incident.
On the one hand, passers by have the right of way at all times, even if they are not crossing at designated crosswalks. For instance, in some states jaywalking may be an offense, but as a pedestrian you still have the right of way and motorists must yield in such circumstances.
Furthermore, drivers are obligated to exercise due care regardless of whether the pedestrian has used a designated area like a sidewalk or crossing signal or not. In other words, even if a pedestrian is negligent or breaking the law then they are still entitled to compensation providing the driver was driving unlawfully.
On the other hand, pedestrians do have responsibility while using public roads and must adhere to traffic rules accordingly. Pedestrians must obey traffic lights, use sidewalks where provided and not step into any street carelessly. Besides being responsible for their own safety, pedestrians should always try and make sure that motorists can recognize them as individuals properly too – wearing white visible reflective clothing at night helps increase visibility.
Traffic laws exist to ensure that both pedestrians and motorists know what is expected from them when navigating a public road but it’s also important for both sides to remember each others entitlement and responsibilities when an accident occurs. With this knowledge you can now confidently proceed onto the next section discussing the process of filing a claim in order to receive fair compensation for your injury-related damages following an accident with a motorist as a pedestrian.
The Process of Filing a Claim
The process of filing a claim for damages and injuries resulting from a pedestrian accident can be complex. It is important for claimants to understand the various steps involved so that they can best maximize their chances of succeeding in their claim.
The first step in filing a claim is to assess the strength of the case. This includes determining who was at fault and what type of damages can be pursued. When pursuing damages, claimants must consider both economic and non-economic losses. Economic losses are tangible expenses associated with the injury, such as medical bills or lost wages. Non-economic losses are more subjective types of damages, such as pain and suffering or emotional distress.
Once the claimant understands the scope of their damages, they must identify potential defendants. These may include drivers, employers of drivers, municipalities, and even insurance companies if applicable. All potential defendants should be listed on the claim along with contact information.
The next step is to file a demand letter or lawsuit with the appropriate court system. Depending on state laws, this may either be in a court of law or through an alternative dispute resolution program. The document should detail the incident and list all requested damages as well as defendant contact information if a lawsuit is filed.
Next, claimants will need to gather evidence to support their claims. This can include photos of their injuries or witness statements. Additionally, claimants may seek out expert witnesses or specialists depending on their specific case needs. In some states, pre-lawsuit mediations may also be available; however, some critics believe that these processes limit claimant’s rights against large companies such as insurers and make them meager settlements. Alternatively, many victim advocates contend that this type of settlement negotiation provides legitimate benefits to claimants.
Finally, claimants will want to develop a strategy for presenting their case during legal hearings or mediations when necessary. This should include considering how to address defendant questions in a compelling way and how to best rebut any arguments that are presented against them.
At the end of this process, it will become clear whether a settlement has been reached between both parties. If not, then other legal proceedings such as court hearings will take place accordingly until resolution is achieved one way or another.
This section has discussed the process for filing a claim after a pedestrian accident and preparing for legal proceedings if needed. In the following section we will discuss what requirements must be met by claimants looking to pursue compensation from negligent parties involved in pedestrian accidents involving personal injury or death resulting from those accidents .
Claimant Requirements
The person looking to receive a pedestrian accident settlement must meet several requirements before they are eligible to receive compensation. The primary requirement is that they must have been injured by the negligence of another individual, meaning they must be able to prove that the driver was legally responsible for the incident due to their own dangerous behavior. Other elements that can affect eligibility include: being able to identify the at-fault party and/or prove who hit them and that the driver had insurance coverage; presenting evidence of damaged property and medical bills as a result of the accident; and having pictures and/or witness testimony that can provide additional evidence against the negligent driver. Proving negligence can be challenging for pedestrians without any form of evidence but it is essential to receive a fair settlement.
Successfully proving negligence means providing evidence at trial or negotiating with the other partyâs insurance company in an effort to reach a settlement agreement outside of court. Both routes involve specific steps, complex paperwork and various rules which most claimantâs may not be familiar with. Due to these complexities, many claimants opt for a personal injury lawyer who can guide them through the process from start to finish. A lawyer also provides key insights in relation to the monetary value required to cover medical costs associated with recovery, pain and suffering, loss of wages, and other impactful damages resulting from the accident.
Having an experienced legal team on your side can make all the difference when trying to settle a pedestrian accident claim which makes retaining one highly recommended throughout the entire process. Now that we have covered claimant requirements let us turn our attention to economic and non-economic damages associated with pedestrian accidents.
Next, we will discuss economic and non-economic damages associated with pedestrian accidents in detail.
Economic and Non-Economic Damages
When it comes to settlements, economic and non-economic damages are two of the most important aspects. Economic damages are those that are easily quantifiable and can be totaled up in dollar amounts. These generally include medical expenses, lost wages, property damage repairs, and funeral costs if necessary. Non-economic damages refer to losses that cannot be easily assigned to a dollar value, such as physical pain, emotional anguish, or scarring.
It is important for accident victims to understand the difference between economic and non-economic damages so they know what sort of compensation they may be eligible for. Typically, economic damages are easier to recover from insurance companies since these amounts are supported by receipts, bills and other tangible evidence. On the other hand, non-economic damages can be much more difficult to recover from insurers since these losses have less tangible evidence supporting them.
The debate surrounding economic and non-economic damages is highly contentious in terms of settlement values. Many believe that victims should be compensated for both types of losses equally, while others believe that non-economic losses should hold less statutory value than economic ones due to their intangibility. Ultimately it depends on the case as each situation is unique and will be treated as such.
Understanding both economic and non-economic damages can go a long way in helping accident victims receive adequate compensation for their losses. The following section will discuss how lost wages calculations along with estimates for the amount of pain and suffering an individual may experience could factor into their settlement offer.
Lost Wages, Pain and Suffering
Lost wages, pain and suffering are major components of a pedestrian accident settlement. The party responsible for the accident may be liable for any income lost due to their negligent behavior. Lost wages are typically calculated on an hour-by-hour basis, factoring in overtime and deductions such as taxes. Lost benefits, such as health insurance, may also be awarded.
When it comes to calculating pain and suffering compensation, no universal formula exists. Pain and suffering refer to the physical pain and emotional distress caused by the accident; however, intangible damages are difficult to quantify when determining a settlement amount. Generally speaking, plaintiffs will receive one to five times more than their total medical bills in addition to pursued lost wages and benefits.
Arguments can arise over who bears the burden of proving lost wages or pain and suffering. Plaintiff’s attorneys will typically assert that the defendant should assume responsibility for proving these types of losses are not warranted, whereas defense attorneys may argue that it is up to the plaintiff’s attorney to assess how much money, if any, is reasonable in cases involving all types of damages. In some circumstances, attending mediations or negotiations may prove beneficial in resolving arguments such as these.
Ultimately, the amoutn of money received through a settlement will depend on many factors including the specifics of the incident itself and proof of loses presented during court proceedings. The next section will discuss why you need to hire a lawyer if you plan on pursuing a pedestrian accident settlement.
Hiring a Lawyer for Your Case
When dealing with pedestrian accident cases, the services of an experienced lawyer are highly recommended. They will be able to ensure that the rights of pedestrian victims are respected and that their families can receive fair compensation for their losses.
The first step in finding an attorney is to do some research. Checking online reviews and talking to family, friends, and other people who may have experience with attorneys can help identify potential candidates. Another option is to call your local Bar Association or contact a personal injury lawyer referral service to find attorneys in your area. These organizations usually provide names of lawyers that specialize in car accidents and pedestrian accidents.
Once youâve identified several lawyers, it’s important to meet with them directly before making any decisions. During the meeting, ask questions about the attorney’s experience in handling similar cases, fees and payment schedules, fees and costs associated with a settlement or trial, and any strategies they might employ to maximize compensation for your case. You should also inquire about any potential conflicts of interest between the lawyer and other parties involved in the case. After researching several different candidates, choose the option that offers the most confidence moving forward.
There are benefits to hiring a pedestrian accident lawyerâespecially one that is familiar with both state and federal traffic laws. A lawyer will be able to assess the unique details of your case from a legal standpoint and help ensure that all of your legal rights are properly protected throughout the settlement process. Having an experienced attorney on your side will also give you access to resources such as expert witnesses or independent medical evaluations that will help you establish strong evidence in support of your claim.
There are some drawbacks to hiring an attorney as well âmost notably, costs associated with legal representation. Typically, when an attorney takes on a pedestrian accident case, they work on a contingency basis wherein they only receive payment if there is a successful recovery of funds through settlement negotiations or after taking the case to court. This means that legal fees are often deducted directly from any monies recovered on behalf of their clients; however (where applicable) they may charge additional fees in addition to the agreed upon percentage of any settlements or damages won by jurors at trial. Additionally, although having an experienced attorney is beneficial for gaining deeper insight into state and federal traffic laws, insurance companies may be reluctant to negotiate fairly if they know you have hired an attorney since they know litigation will likely cost them more if you prevail in court.
Answers to Common Questions
What kind of injuries may result in a pedestrian being hit by a car?
When a pedestrian is hit by a car, the injuries they may experience vary depending on the circumstances. In some cases, minor bruises and scrapes are the only harm done. More serious injuries such as broken bones, internal bleeding, head trauma, spinal cord damage, or traumatic brain injury can also occur. In severe cases, even death can be the result of being struck by an automobile. Regardless of the severity of the injury sustained, pedestrians should seek legal counsel to ensure they receive proper compensation for medical bills and other losses due to the accident.
What do I need to do in order to make a claim for a pedestrian hit by a car?
In order to make a claim for a pedestrian hit by a car, you will need to gather evidence and documentation. This includes obtaining the contact information of any witnesses, taking pictures of the accident scene and your injuries, and getting copies of any police or medical reports related to the incident. You should also seek medical attention and document any treatments you receive.
You will then need to contact the driver’s liable insurance company and provide supporting evidence that the driver was at fault. In some states, this can be done without an attorney. However, if the claim is complex or there is dispute regarding liability, you may need to consult with an attorney who specializes in pedestrian accident settlements. The attorney can help you determine how much your case is worth and manage negotiations with the insurance company. Be aware that many cases are decided through settlement agreements, so it is important to understand your own rights during this process.
What are the factors that affect the amount of a settlement for a pedestrian hit by a car?
The amount of a settlement for a pedestrian hit by a car can vary greatly and is based on several factors. The nature of the accident, any contributory negligence, the severity of the injuries sustained, and any long-term disability or loss of income can all have an effect on the amount of the settlement.
The most important factor affecting the amount of the settlement is the severity of the victimâs injuries. If a pedestrian has been hit by a car and suffered serious injuries that are likely to have a long-term effect or require extensive medical care, then their settlement is likely to be higher than if they only sustained minor or short-term injuries.
The nature of the accident can also affect how much compensation is awarded. If someone was entirely blameless in causing the accidentâfor example, if they were crossing at a green lightâthen itâs more likely that they will receive a larger settlement for their suffering. On the other hand, if it can be proven that the pedestrian displayed some degree of negligent behaviour at the time of the accidentâsuch as crossing against a red light or jaywalkingâthen their award may be lower.
Contributory negligence is another factor that affects settlements. If both parties share partial responsibility for an accident, then courts will typically reduce awards accordingly. For example, if the driver wasn’t paying attention due to distracted driving and failed to yield to a pedestrian in a crosswalk but it was also proven that the pedestrian suddenly stepped out into traffic without warning, both parties would likely be held partially responsible and any award might therefore be reduced correspondingly.
Finally, many personal injury settlements are intended to provide ongoing financial support for victims who are unable to work due to their injuries. If an accident results in permanent disability or prolonged loss of income then these expenses can typically be included in any settlement too.