California Pedestrian Accident Settlements: What’s Your Case Worth?

Each year, thousands of pedestrians in California are injured or killed in traffic-related incidents. In 2023 alone, 1,057 pedestrians were killed by vehicles in California. If you or a loved one has been involved in a pedestrian accident, understanding the potential value of your case is crucial. This blog post will explore the factors that influence California pedestrian accident settlements, providing insights into what your case might be worth.

California’s High Rate of Pedestrian Accidents

California has a notably high rate of pedestrian accidents compared to other states. According to the Governors Highway Safety Association, the Golden State is at least 24% above the national average for pedestrian fatalities. In fact, approximately 14,000 pedestrians are injured in accidents annually in California. This higher incidence underscores the importance of understanding your rights and options if you’re involved in such an incident.

Factors Influencing Settlement Amounts

Several factors can significantly impact the settlement amount in a California pedestrian accident case:

Severity of Injuries: The extent of your injuries is a primary determinant of the settlement value. Minor injuries, such as sprains, bruises, and cuts, typically result in lower settlements, generally ranging from $10,000 to $75,000. More severe injuries, like broken bones, traumatic brain injuries (TBIs), or spinal cord injuries, can lead to settlements reaching millions of dollars.
Economic Damages: These damages cover tangible financial losses resulting from the accident. They include:
- Medical Expenses: Compensation for past and future medical treatment, hospital bills, rehabilitation costs, and prescription medications.
- Lost Wages: Reimbursement for lost income due to time off work for recovery, as well as compensation for diminished earning capacity if injuries result in long-term disability.
- Property Damage: Compensation for damaged personal property, such as a cell phone or other items you might have been carrying.
- Rehabilitation and In-Home Care Costs: Costs for any necessary rehabilitation or in-home care.
Non-Economic Damages: These damages address intangible losses, such as:
- Pain and Suffering: Compensation for physical pain, emotional trauma, and diminished quality of life.
- Emotional Distress: Compensation for psychological effects, including anxiety, depression, or PTSD.
- Loss of Enjoyment of Life: Compensation for the inability to participate in activities you once enjoyed.
Liability and Fault: California operates under a “pure comparative negligence” rule. This means that even if you are partially at fault for the accident, you can still recover compensation. However, your award will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
Insurance Coverage: The at-fault driver’s insurance policy limits can significantly affect the amount you can recover. While California requires drivers to carry minimum insurance coverage, serious injuries often result in damages exceeding these limits. If the driver is uninsured or underinsured, you may be able to pursue compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it.
Location of the Accident: Jury verdicts and the cost of living can vary across different regions of California. Settlements in urban areas with a higher cost of living might be higher than those in rural areas.
Strength of Evidence: The quality and comprehensiveness of your evidence directly correlate with settlement amounts. Strong evidence includes police reports, witness statements, medical records, and expert testimony.

Average Settlement Ranges

While every case is unique, here are some general settlement ranges for pedestrian accidents in California:

Minor Injuries: Settlements for minor injuries typically range from $10,000 to $75,000.
Moderate Injuries: Settlements for moderate injuries can range from $50,000 to $150,000.
Severe Injuries: Settlements for severe injuries can exceed $150,000 and reach $1,000,000 or more.

Some law firms have reported average pedestrian accident claim settlements of around $1.88 million, with individual cases ranging from $1.25 million for a TBI in Los Angeles to $2.5 million for a broken foot in Sacramento. Keep in mind that these are averages, and your specific case may fall outside these ranges.

The Role of Comparative Negligence

California’s pure comparative negligence rule means that you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. Common situations where comparative negligence may apply in pedestrian accidents include:

Jaywalking: Crossing the street outside of a designated crosswalk.
Ignoring Traffic Signals: Crossing against a “Don’t Walk” signal.
Distraction: Not paying attention to traffic while walking.
Walking Under the Influence: Being intoxicated while walking.

Statute of Limitations

In California, the statute of limitations for filing a personal injury claim, including pedestrian accidents, is generally two years from the date of the injury. If a loved one died in a pedestrian accident, eligible family members have two years from the date of the victim’s death to file a wrongful death lawsuit. There are exceptions to this rule, such as when a minor is involved or when the at-fault party flees the state. It’s important to consult with an attorney to determine the specific statute of limitations that applies to your case.

Steps to Take After a Pedestrian Accident

If you’ve been involved in a pedestrian accident, taking the following steps can help protect your rights and maximize your potential settlement:

Seek Medical Attention: Prioritize your health and seek immediate medical attention, even if you don’t think you’re seriously injured. Some injuries may not be immediately apparent.
Report the Accident: Call 911 to report the accident to the police. Obtain a copy of the police report for your records.
Gather Information: Collect the driver’s name, contact information, and insurance details. Also, gather contact information from any witnesses at the scene.
Document the Scene: Take photos and videos of the accident scene, including vehicle damage, visible injuries, and road conditions.
Notify Your Insurance Company: Inform your insurance company about the accident.
Consult with an Attorney: Contact an experienced California pedestrian accident attorney to discuss your case and understand your legal options.

Common Injuries in Pedestrian Accidents

Pedestrians are vulnerable to severe injuries when struck by a vehicle. Some of the most common injuries include:

Traumatic Brain Injuries (TBIs)
Spinal Cord Injuries
Broken Bones
Soft Tissue Injuries
Lacerations and Contusions
Internal Injuries

The Importance of Legal Representation

Navigating the complexities of a pedestrian accident claim can be challenging. An experienced attorney can help you:

Investigate the accident and gather evidence
Determine liability and fault
Assess the full extent of your damages
Negotiate with insurance companies
Represent you in court, if necessary

In Conclusion

Determining the value of your California pedestrian accident settlement requires a thorough understanding of the various factors involved. While it’s impossible to provide an exact figure without evaluating the specifics of your case, this guide offers valuable insights into the elements that influence settlement amounts. If you or a loved one has been injured in a pedestrian accident, consulting with an experienced attorney is crucial to protecting your rights and pursuing the compensation you deserve.