Realistically, there is no average settlement amount. For a pedestrian hit by a car, this may be difficult to hear. But keep in mind that your case is largely dependent on its own unique circumstances.
There are several factors that affect the value of a settlement, including:
- The extent of your injuries;
- Comparative fault; and
- Insurance coverage.
Since there is not an average payout for a pedestrian hit by a car in California, your settlement amount may be higher than you initially expected.
If you want to learn more about what can impact your settlement amount, call the attorneys at Wells Calls Injury Lawyers today.
Pedestrian Rights in California
In California, the law provides pedestrians with rights. For example, pedestrians have the right-of-way at intersections—meaning that the law requires drivers to yield to pedestrians.
State law requires drivers to yield to pedestrians if the driver crosses over into a sidewalk.
Additionally, and perhaps the most obvious, pedestrians have a right not to be hit by a car. If a driver fails to yield in the aforementioned ways, it can be used as evidence to show they acted negligently.
What Do I Need to Prove My Case?
Many victims of accidents hear about negligence, but they may not have an understanding of what that legal concept entails. Under California law, proof of a driver’s negligence is necessary to prevail in a personal injury case.
Negligence requires proof that:
- The driver owed you a duty of care;
- The driver breached that duty;
- The driver’s actions were a direct cause of your injuries; and
- You sustained damages as a result of the driver’s breach.
If you are a pedestrian hit by a car in California, consider obtaining a personal injury attorney to get an explanation of how negligence applies to your case.
Pedestrian Accident Settlements in California
As discussed, the average settlement value won’t tell you anything about what your case might be worth. Settlement offers can vary and are largely impacted by whether you have an experienced personal injury attorney advocating for you.
You need an attorney because an insurance company will always try to pay you less than you deserve.
Insurance agents and adjusters for the driver will reach out to you—if they have not done so already—in an effort to investigate where they can reduce costs. Typically, they reduce their liability and costs by trying to shift blame back onto you.
When the insurance company contacts you, they are trying to get you to say something that they can later use to claim you admitted to some form of liability for the accident.
Then, they will typically make a lowball settlement offer. This amount is usually negligible when compared to what you could receive once pain and suffering and lost wages are taken into account.
We Can Help
Wells Call Injury Lawyers has a team of attorneys ready to assist you in your pedestrian accident settlement. Our California-based firm has recovered millions of dollars for our clients with settlements alone.
If your case needs to go to trial, we have you covered. Our team has over 40 years of experience representing personal injury clients who have been seriously injured or victimized by the wrongful conduct of others.
We provide quality representation to our clients with our professionalism and high level of responsiveness.
If you are a pedestrian hit by a car in California, do not hesitate to call our firm today to get connected with some of the best personal injury attorneys in California.