Hit by a Car? Understanding Pedestrian Accident Settlement

Hit by a Car? Understanding Pedestrian Accident Settlements

Each year, thousands of pedestrians are injured or killed in traffic accidents, highlighting the vulnerability of those on foot. In 2019 alone, California reported over 14,000 pedestrian injuries and nearly 900 fatalities. If you or a loved one has been hit by a car, understanding the process of pedestrian accident settlements is crucial to securing fair compensation and protecting your rights.

What Constitutes a Pedestrian Accident?

A pedestrian accident occurs when a person on foot is struck by a vehicle, bicycle, or other moving object. These incidents can happen in various locations, including crosswalks, sidewalks, parking lots, and streets. These accidents often result from a collision between a pedestrian and a motor vehicle, but they can also involve bicycles, scooters, and other modes of transportation. Due to the lack of protection, pedestrians often suffer severe injuries, making it essential to understand the factors influencing settlement amounts.

Immediate Steps to Take After a Pedestrian Accident

Following a pedestrian accident, your actions can significantly impact your health and any potential legal claims. Here’s a guide to the immediate steps you should take:

  1. Ensure Safety:
    • Move to a Safe Location: Prioritize your safety and the safety of others involved. If possible, move away from traffic to prevent further harm.
    • Check for Injuries: Assess yourself and others for injuries. If anyone is seriously hurt, do not move them and wait for emergency responders.
  2. Call 911:
    • Report the Accident: Immediately call 911 to report the accident, providing the location, number of people involved, and any known injuries.
    • Request Medical Assistance: Even if injuries seem minor, request medical assistance for a professional assessment. Some injuries may not be immediately apparent and can worsen over time.
  3. Gather Information:
    • Driver Information: Collect the driver’s name, contact information, insurance details, and license plate number.
    • Witness Information: Obtain contact information from any witnesses at the scene.
  4. Document the Scene:
    • Take Photos: Capture images of the accident scene, including vehicle damage, skid marks, traffic signals, and visible injuries.
    • Write Down Details: Note weather conditions, road hazards, and any other factors that may have contributed to the accident.
  5. File a Police Report:
    • Official Record: Ensure the police are called to the scene to create an official accident report. This document serves as an unbiased account of the incident, detailing the time, location, involved parties, and initial observations.
    • Evidence Collection: Police officers collect essential evidence, including witness statements, photographs, and descriptions of the accident, which can be critical for determining fault and supporting your claim.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the vulnerability of those on foot. The severity of injuries can vary widely depending on factors such as the vehicle’s speed, the point of impact, and the pedestrian’s age and health. Some of the most common injuries include:

  • Head and Brain Injuries: Traumatic brain injuries (TBIs) can range from minor concussions to severe, life-altering conditions.
  • Spinal Cord Injuries: These injuries can cause partial or complete paralysis, significantly impacting a victim’s quality of life.
  • Broken Bones and Fractures: Pedestrian accidents often lead to broken bones, particularly in the legs, arms, and ribs. Compound fractures, where the bone punctures through the skin, can increase the risk of infection and complications.
  • Internal Injuries: Internal bleeding, organ damage, and ruptured blood vessels can be life-threatening if not promptly diagnosed and treated.
  • Soft Tissue Injuries: Sprains, strains, and contusions are common and can cause significant pain and limited mobility, often requiring extensive rehabilitation.
  • Cuts, Lacerations, and Abrasions: These injuries can lead to discomfort and scarring and, in severe cases, may indicate underlying internal injuries.
  • Psychological Trauma: Accidents can cause significant psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression.

Factors Influencing Pedestrian Accident Settlements

The settlement amount in a pedestrian accident case can vary significantly based on several factors. Understanding these elements is crucial for assessing the potential value of your claim:

  1. Severity of Injuries: The extent and long-term impact of your injuries are primary determinants of compensation. More severe injuries typically result in higher settlements to cover increased medical expenses, rehabilitation costs, and pain and suffering.
  2. Medical Bills and Expenses: Compensation should include all documented medical expenses, including hospital visits, surgeries, physical therapy, rehabilitation, prescription medications, and assistive devices.
  3. Lost Wages and Earning Capacity: If your injuries prevent you from working, you may be entitled to compensation for lost wages during recovery and any loss of future earning capacity if you cannot return to your previous occupation.
  4. Pain and Suffering: You can also seek damages for non-economic losses such as physical pain, emotional distress, and diminished quality of life.
  5. Liability and Negligence: The degree to which the driver was at fault plays a significant role. If the driver was clearly negligent (e.g., speeding, distracted driving, failing to yield), the settlement is likely to be higher. However, if the pedestrian is partially at fault, it may reduce the compensation amount.
  6. Insurance Coverage: The at-fault driver’s insurance coverage limits can impact the maximum amount you can recover. If the driver is uninsured or underinsured, it may be necessary to explore other avenues, such as your own insurance policy’s uninsured motorist coverage.
  7. Witness Statements and Police Reports: Strong evidence, including witness statements, police reports, and accident reconstruction analysis, can significantly strengthen your claim.
  8. State Laws: State laws regarding comparative or contributory negligence can affect your ability to recover damages if you were partially at fault. Some states follow a pure comparative fault model, allowing you to recover damages even if you were 90% at fault, while others have modified comparative negligence rules or contributory negligence rules that can bar recovery if you were even slightly at fault.

Understanding Negligence in Pedestrian Accidents

Negligence is a critical element in determining liability in pedestrian accident cases. It refers to a driver’s failure to exercise reasonable care, resulting in harm to a pedestrian. Common examples of driver negligence include:

  • Distracted Driving: Engaging in activities that take attention away from driving, such as texting, eating, or adjusting the GPS.
  • Speeding: Exceeding the speed limit reduces reaction time and increases the severity of injuries.
  • Failing to Yield: Not yielding the right of way to pedestrians at crosswalks or intersections.
  • Impaired Driving: Operating a vehicle under the influence of alcohol or drugs impairs judgment and control.
  • Running Red Lights or Stop Signs: Disregarding traffic signals and signs.
  • Illegal Turns: Making fast, careless turns without regard for pedestrian safety.

However, pedestrians also have a responsibility to exercise reasonable care for their safety. Pedestrian negligence can include actions such as:

  • Jaywalking: Crossing a street outside of a designated crosswalk.
  • Ignoring Traffic Signals: Disregarding “Walk” and “Don’t Walk” signals at intersections.
  • Walking While Intoxicated: Being under the influence of alcohol or drugs can impair judgment and coordination.
  • Distracted Walking: Using a smartphone or headphones without being aware of surroundings.
  • Walking on Prohibited Areas: Walking along highways or bridges where pedestrian access is prohibited.

The Claims Process

Filing a pedestrian accident claim involves several key steps:

  1. Initial Notice: Inform the at-fault driver’s insurance company about the accident and your injuries.
  2. Evidence Gathering: Collect all necessary documentation, including medical records, accident reports, witness statements, expert testimonies, and evidence of damages.
  3. Demand Letter: Draft a demand letter to the insurance company, outlining the details of the accident, the injuries sustained, and the damages incurred.
  4. Claim Submission: Submit the claim and demand letter to the insurance company.
  5. Negotiation: Discuss a potential settlement with the insurance company.
  6. Lawsuit Filing (If Necessary): If a fair settlement cannot be reached through negotiation, you may need to file a lawsuit to pursue compensation.

The Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. In California, you generally have two years from the date of the accident to file a personal injury claim. Missing this deadline can result in the loss of your right to pursue compensation. There may be exceptions to the statute of limitations, such as in cases involving minors or government entities.

Why You Need a Pedestrian Accident Lawyer

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

  • Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the accident scene to determine liability.
  • Evaluate Your Damages: Assess the full extent of your economic and non-economic losses, including medical expenses, lost wages, and pain and suffering.
  • Negotiate with Insurance Companies: Handle communications with insurance companies and negotiate for a fair settlement.
  • Represent You in Court: File a lawsuit and represent you in court if necessary to pursue the compensation you deserve.
  • Protect Your Rights: Ensure your rights are protected throughout the legal process.

Average Settlement Amounts

The average settlement for a pedestrian hit by a car can range from \$10,000 to \$500,000, and sometimes even more, based on the severity of injuries and other factors. Settlement data from pedestrian accidents in the last 3 years (2021 to 2024) indicates that the average payout is approximately \$67,511.90, and the median settlement is \$30,000. However, these figures should not be interpreted as a standard amount for every case, as settlement amounts are unique to each situation.

Contact a Pedestrian Accident Attorney

If you or a loved one has been hit by a car, seeking legal guidance is essential to protect your rights and pursue fair compensation. Contact a pedestrian accident attorney for a free consultation to discuss your case and understand your legal options.