Pedestrian accidents often involve catastrophic injuries, with some pedestrians eventually passing away from injuries sustained in the collision.
If you or someone you love suffered injuries in a pedestrian collision, you may have the legal right to recover compensation.
Understandably, many prospective clients want to know the average settlement amount in a pedestrian hit by a car lawsuit.
However, there is no definitive average settlement range we can share. Cases are evaluated on their individual merits and therefore differ in settlement amounts.
What is the Average Settlement for a Pedestrian Hit by a Car?
When you understand what factors make up your case value, it’s immediately apparent why there is no average settlement for a pedestrian hit by a car.
Even cases involving similar injuries can resolve for vastly different amounts.
Some of the most important determining factors in a pedestrian accident include the type and severity of the injury, liability, financial losses, and available insurance limits.
Calculating a Pedestrian Hit by Car Settlement
When you retain Wells Call Injury Lawyers to represent you for a personal injury loss, such as a California pedestrian accident, we will explain what we believe your case is worth. Here are a few factors that can impact the average settlement when a pedestrian is hit by a car:
1. Type and Severity of Your Injuries
What type of injuries you sustained and how severe they are will impact your overall claim value.
A Pedestrian accident involving a minor impact with only soft tissue injuries will be worth less than one involving a broken leg.
A fractured leg that healed within two months will be worth less than a broken leg that leaves the victim with a permanent disability.
2. Liability
Liability also plays an integral role in determining your potential settlement amount.
California is a pure comparative negligence state. Even if you are primarily at fault for the loss, you could still collect a portion of your damages. For example, if you are a pedestrian hit by a car in a crosswalk, you may not have any liability and can collect 100% of your damages.
However, if you were jaywalking, you might be 20% liable for the accident. In that situation, you could collect 80% of your overall damages.
Because California is a comparative negligence state, the driver’s insurance company will look to the place as much liability on you as possible.
Increasing your fault reduces their payout and overall exposure. Some people mistakenly assume that a pedestrian versus car accident means the car is at fault and the insurance company will pay your entire claim. But that’s not always what happens.
Instead, you need to prove liability against the driver who hit you.
Having an experienced California pedestrian accident lawyer on your side who can protect your rights is helpful in these cases. As one of the best lawyers specializing in pedestrian accidents, Wells Call Injury Lawyers stand by their client every step of the way while achieving favorable outcomes. Call (707) 302-6088 for a free case review.
3. Damages
Your financial losses, which are known as damages, make up the bulk of your claim.
You are entitled to receive compensation for your economic losses, such as medical expenses, time off work, etc.
You are also entitled to receive compensation for your non-economic damages: your pain and suffering, mental anguish, loss of consortium, and more.
In limited circumstances, you might be eligible to receive punitive damages. These damages are available only in cases involving gross negligence or intentional actions. Examples can include a car purposely running into you as you cross the street or someone driving drunk.
Your damages are a significant part of your case. Without any financial losses, you do not have a valid personal injury claim. Insurance companies will look to dispute your damages by claiming your treatment went on too long or the charges are too high. Remember, their top priority is to reduce their overall payout. If they cannot attribute more liability to you, they will try to undervalue your claim.
In cases involving severe injuries, you will likely have future medical expenses and may have a loss of earning capacity claim because you cannot go back to work in your former job.
Insurance companies may try to extend an offer to you early on in the claims process so that you will sign a release.
They know you might have extensive damages in the future, so they want to offer you something now to extinguish their responsibility.
You should never accept an offer or sign a release of all claims without speaking with an attorney first.
If you sign the release and find out weeks later you need extensive surgery, you cannot pursue additional compensation from the at-fault party.
Can Pedestrians Be at Fault for Pedestrian-Car Accidents?
In pedestrian accidents, the question of fault often arises, and while pedestrians generally have the right of way in most situations, there are instances where they can be found partially or fully at fault for an accident.
Some of the common situations in which a pedestrian might be considered at fault include:
- Jaywalking: Crossing the street outside of a crosswalk or against a traffic signal can lead to liability for the pedestrian if an accident occurs.
- Failing to Look Both Ways: Pedestrians are expected to check for oncoming traffic before crossing, even at crosswalks. Failing to do so may contribute to an accident.
- Distracted Walking: Pedestrians using their phones or engaging in other distractions while crossing the street may not be paying proper attention, which can increase the risk of accidents.
- Sudden Movement: If a pedestrian suddenly steps into traffic or makes an unpredictable move that a driver could not reasonably avoid, they may be found partially at fault.
- Crossing on Red: Pedestrians crossing the street when the pedestrian signal is red, or when there is a “don’t walk” sign, can be considered at fault if they are involved in an accident.
In California, the concept of comparative negligence means that even if the pedestrian is partially at fault, they may still be able to recover damages, but the amount of compensation may be reduced based on their level of responsibility in the accident.
What to Do Following a Pedestrian Hit by Car Accident
Even in a seemingly minor impact, you should always contact the police following a pedestrian accident. Having a record of the accident is crucial, as there may not be any damage to the vehicle. The driver may claim they never hit you, and their insurance company might subsequently try to deny the claim.
If your injuries are not too severe, take photos of the vehicle and the surrounding scene.
Are there skid marks? Any damage to the car at all?
Be sure to take pictures of any important factors such as road hazards, construction, a school zone, the weather, and more.
Something such as a school bus crossing with a bus may seem insignificant at the time, but it could show the driver was reckless and speeding in a school bus crossing zone.
When you report a claim to the driver’s insurance company, do not agree to give a recorded statement.
In fact, it would be better if you retained an attorney right away. When you have an attorney representing you, the insurance company cannot speak to you directly. This rule keeps you from inadvertently saying something that could jeopardize your claim.
Most Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in catastrophic injuries due to the force of impact and lack of protection. The following are some of the most common injuries pedestrians suffer when struck by a vehicle:
- Fractures and Broken Bones: Broken legs, arms, and ribs are common in pedestrian accidents, especially when the pedestrian is thrown by the impact.
- Head Injuries: Concussions, skull fractures, and traumatic brain injuries (TBI) are some of the most severe and life-threatening injuries caused by pedestrian accidents.
- Spinal Cord Injuries: Damage to the spine can result in partial or complete paralysis, depending on the location and severity of the injury.
- Internal Injuries: Pedestrians may suffer internal bleeding or organ damage, which can be life-threatening and require immediate medical attention.
- Lacerations and Road Rash: Abrasions, deep cuts, and skin tears are common in pedestrian accidents, particularly if the pedestrian is dragged along the road.
- Knee and Joint Injuries: The knees, hips, and other joints are vulnerable to damage from the impact, which can lead to long-term mobility issues.
These injuries can have long-term physical, emotional, and financial impacts on the victim, making it crucial to seek proper legal representation to secure the compensation you deserve.
For a free legal consultation, call (707) 426-5300
Pedestrian Hit By Car Accident FAQs
How Can You Reduce the Cost of a Pedestrian Accident Case?
Reducing the cost of a pedestrian accident case generally involves a few strategic steps:
- Contingency Fee Basis: Many personal injury lawyers work on a contingency fee, meaning they only get paid if you win the case. This can eliminate the need for upfront costs.
- Minimizing Unnecessary Expenses: Ensure you’re not paying for additional unnecessary investigations or expert witnesses unless required for your case.
- Settling Early: If possible and appropriate, settling early can reduce legal fees and other expenses associated with prolonged litigation.
- Avoiding Unnecessary Medical Procedures: While it’s essential to get the right treatment, avoiding unnecessary tests or procedures that don’t directly contribute to your case can minimize costs.
However, it’s important to remember that quality legal representation is crucial for achieving a favorable outcome, so focusing on cost-saving measures without compromising the case’s strength is key.
Do I Need a Lawyer for a Pedestrian-Car Accident?
While you are not legally required to hire a lawyer for a pedestrian-car accident, it is highly recommended, especially if your injuries are serious. A good lawyer can:
- Help you understand your legal rights and options.
- Protect you from being taken advantage of by insurance companies looking to minimize payouts.
- Investigate the accident thoroughly to determine liability.
- Negotiate with insurance companies to ensure you get fair compensation.
- Represent you in court if necessary.
If you’ve suffered significant injuries or your case is complex, hiring a lawyer can significantly improve your chances of getting the compensation you deserve.
How Much Does a Pedestrian Accident Lawyer Cost?
Most pedestrian accident lawyers work on a contingency fee basis, meaning they only get paid if you win the case. The typical fee is between 33% and 40% of the settlement or court award, depending on the complexity of the case. Some lawyers may charge a lower percentage if the case is settled early and doesn’t require extensive litigation.
In addition to the contingency fee, there may be other costs involved, such as:
- Court fees
- Investigation expenses
- Expert witness fees (if applicable)
It’s important to discuss fees upfront with your lawyer and understand the costs involved before you agree to representation.
Contact a California Personal Injury Lawyer to Resolve Your Pedestrian-Car Accident Case
If you or someone you love suffered injuries in a pedestrian accident, you could have the legal right to bring a compensation claim. It would be best to have a California personal injury lawyer with the skills and experience necessary to protect your rights.
At Wells Call Injury Lawyers, we have successfully recovered over $500 million on behalf of our clients to date. We know the tactics that insurance companies use to undervalue your claim. Let us help protect your rights and fight for the maximum compensation possible.
To learn more about how we can help you with a pedestrian hit by a car settlement, contact our office today to schedule an initial consultation.
Call (707) 426-5300 or complete a Free Case Evaluation form
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