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

Imagine crossing the street, a routine part of your day, when suddenly, a vehicle strikes you. The aftermath of a pedestrian accident can be devastating, leaving you with severe injuries, mounting medical bills, and uncertainty about the future. In California, where approximately 15,000 pedestrians are injured in traffic crashes each year, understanding your rights and the potential value of your case is crucial. Did you know that pedestrians account for 25% of all traffic deaths in California? This alarming statistic underscores the vulnerability of pedestrians and the importance of seeking justice after an accident.

This blog post delves into the factors that determine the worth of a California pedestrian accident settlement, providing you with the knowledge to navigate the legal process and pursue the compensation you deserve.

Factors Influencing Settlement Amounts

The average payout for a pedestrian hit by a car in California can range from $10,000 for minor injuries to millions of dollars for catastrophic injuries. Several key factors influence the final settlement amount:

Severity of Injuries: The extent of your injuries is the most significant factor. Minor injuries, such as sprains, bruises, or minor fractures, typically result in settlements ranging from $10,000 to $75,000. However, severe injuries like traumatic brain injuries (TBIs), spinal cord damage, or permanent disabilities can lead to settlements exceeding $500,000 and potentially reaching millions.
Economic Damages: These are tangible losses directly resulting from the accident, including:
- Medical Expenses: Current and future costs for treatment, rehabilitation, therapy, and necessary medical equipment. California’s high healthcare costs are factored into your settlement.
- Lost Wages: Compensation for lost income due to missed work, including past and future lost wages if your injuries result in long-term disability.
- Other Expenses: Costs for transportation, in-home care, and property damage.
Non-Economic Damages: These damages address the intangible losses associated with the accident, such as:
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life caused by the accident.
- Emotional Distress: Compensation for mental anguish, anxiety, and psychological trauma resulting from the accident.
- Loss of Enjoyment of Life: Compensation if your injuries prevent you from participating in hobbies, sports, or other activities you once enjoyed.
Liability and Negligence: Establishing fault is crucial in a pedestrian accident case. California follows a “pure comparative negligence” system, meaning you can still recover compensation even if you were partially at fault for the accident. However, your settlement will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, your compensation will be reduced by 20%, resulting in an $80,000 payout.
- Driver Negligence: Common examples include distracted driving, speeding, failure to yield, and driving under the influence.
- Pedestrian Negligence: Examples include jaywalking, ignoring traffic signals, or behaving recklessly.
Insurance Coverage: The at-fault driver’s insurance policy limits can impact the maximum amount you can recover. If your damages exceed the driver’s policy limits, 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 significantly across different regions of California. Urban areas like Los Angeles or San Francisco, with higher traffic density, may see higher settlements than rural regions.
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 accident scene photos.

Understanding California’s Pedestrian Laws

California law grants pedestrians the right-of-way in both marked and unmarked crosswalks. Drivers must yield to pedestrians crossing the road within any crosswalk. California Vehicle Code Section 21950 VC gives pedestrians the right-of-way while crossing the street at an intersection whether the crosswalk is marked or not. Therefore, drivers approaching crosswalks must slow down and yield to pedestrians so they may cross. By giving pedestrians the right-of-way at crosswalks, CVC 21950 requires drivers to exercise caution to keep pedestrians safe. It also creates a legal duty for motorists to exercise due care for the safety of walkers.

However, pedestrians also have a responsibility to exercise caution and obey traffic laws. Pedestrians are required to comply with traffic signals, meaning that they cannot disregard what the lights are directing. For instance, if a signal prompts them to stop crossing, but they still step into the path of a vehicle, they are in violation of road rules.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection. Common injuries include:

Traumatic Brain Injuries (TBIs)
Spinal Cord Injuries
Broken Bones
Internal Injuries
Soft Tissue Injuries
Emotional and Psychological Trauma

The Role of Comparative Negligence

California operates under a “pure comparative negligence” system. This means that even if you are partially at fault for the accident, you can still recover compensation, although your award will be reduced by your percentage of fault. This system ensures that liability is distributed fairly based on each party’s contribution to the accident.

Statute of Limitations

In California, the statute of limitations for most personal injury claims, including pedestrian accidents, is two years from the date of the accident. Failing to file a lawsuit within this timeframe can result in your claim being barred, meaning you lose the right to seek compensation for your injuries and damages. There are exceptions to the statute of limitations. For example, if you are a minor (under the age of 18) at the time of being struck by a vehicle while walking, your two-year window does not start until you turn 18.

Seeking Legal Representation

Navigating the complexities of a pedestrian accident claim can be overwhelming. An experienced California personal injury attorney can protect your rights, handle the details, and maximize your compensation. A pedestrian accident attorney will help you determine the appropriate actions to take to get compensated for your injuries. Personal Injury Law Firms, like the Dolan Law Firm, can even assist you in getting the medical care you need by linking you up with professionals who work to assist injury victims recover from their loss.

Advice

Seek Immediate Medical Attention: Your health is the top priority. Prompt medical care also creates a record of your injuries, which is crucial for your claim.
Gather Evidence: If possible, collect information at the scene, including photos, witness contact information, and the driver’s insurance details.
Consult an Attorney: An attorney can evaluate your case, advise you on your legal options, and negotiate with insurance companies on your behalf.
Be Aware of the Statute of Limitations: Do not delay in seeking legal advice, as there are time limits for filing a claim.

Conclusion

If you’ve been injured in a pedestrian accident in California, understanding the factors that influence settlement amounts is essential. While every case is unique, knowing your rights and seeking legal representation can help you pursue the compensation you deserve for your injuries, lost wages, and pain and suffering. Don’t navigate this challenging process alone. Contact a qualified California pedestrian accident attorney to discuss your case and explore your options for recovery.