Maximize Your Settlement: What Compensation Can You Claim After a Pedestrian Accident?

Each year, thousands of pedestrians are injured or killed in traffic accidents. As a vulnerable road user, a pedestrian struck by a vehicle can sustain severe injuries, resulting in significant financial and emotional distress. If you’ve been involved in a pedestrian accident, understanding your rights and the types of compensation you can claim is crucial to maximizing your settlement and securing your financial future.

Understanding Pedestrian Accident Claims

A pedestrian accident claim arises when a pedestrian is injured by a motor vehicle due to the driver’s negligence. Negligence, in legal terms, means the driver failed to exercise reasonable care, and that failure directly caused your injuries. This could involve actions such as:

Distracted driving (texting, eating, etc.)
Speeding
Failing to yield the right of way
Running red lights or stop signs
Driving under the influence of alcohol or drugs

To successfully pursue a pedestrian accident claim, it’s essential to establish the driver’s negligence and its direct link to your injuries.

Types of Compensation Available

If you’ve been injured in a pedestrian accident due to someone else’s negligence, you may be entitled to various types of compensation, including economic, and non-economic damages.

Economic Damages: Quantifiable Financial Losses

Economic damages, also known as “special damages,” are intended to cover your direct financial losses resulting from the accident. These are typically easier to calculate as they involve tangible expenses. Common examples include:

Medical Expenses: This covers all medical costs incurred due to the accident, including emergency care, hospitalization, surgery, physical therapy, rehabilitation, prescription medications, and ongoing treatment. It’s crucial to keep detailed records of all medical bills and expenses.
Lost Wages: If your injuries prevent you from working, you can claim compensation for lost income. This includes both past and future lost wages if your injuries result in a long-term or permanent inability to work.
Property Damage: You can claim the cost of repairing or replacing personal items damaged in the accident, such as your phone, glasses, or clothing.
Household Expenses: Compensation for out-of-pocket expenses you incur due to the accident.

Non-Economic Damages: Addressing Intangible Losses

Non-economic damages, also known as “general damages,” compensate you for the intangible losses you’ve suffered due to the accident. These damages are more subjective and can be challenging to quantify, but they represent the real impact the accident has had on your life. Common examples include:

Pain and Suffering: This covers the physical pain and emotional distress you’ve experienced due to your injuries. This can include ongoing pain, discomfort, and limitations on your daily activities.
Emotional Distress: Pedestrian accidents can cause significant emotional trauma, leading to conditions like anxiety, depression, or post-traumatic stress disorder (PTSD). You can claim compensation for the emotional and psychological impact of the accident.
Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, recreational activities, or other aspects of life you once enjoyed, you can claim compensation for this loss.
Loss of Consortium: In some cases, family members may be able to claim compensation for the loss of companionship, affection, and intimacy they’ve experienced due to your injuries.

Punitive Damages

In some cases, you may also be able to recover punitive damages. These damages are not intended to compensate you for your losses but rather to punish the at-fault driver for particularly reckless or egregious behavior. Punitive damages are typically awarded in cases where the driver was intoxicated, speeding excessively, or engaged in other forms of intentional misconduct.

Factors Influencing Settlement Amounts

The amount of compensation you can recover in a pedestrian accident case depends on several factors, including:

Severity of Injuries: The more severe your injuries, the higher your potential settlement. Catastrophic injuries like traumatic brain injuries, spinal cord injuries, or amputations typically result in higher compensation amounts due to the extensive medical treatment, rehabilitation, and long-term care required.
Medical Expenses: The total cost of your medical treatment, both past and future, is a significant factor in determining your settlement.
Lost Wages and Future Earning Capacity: The amount of income you’ve lost due to your injuries, as well as any potential future loss of earnings, will be considered.
Pain and Suffering: The extent of your physical pain and emotional distress will influence the amount of non-economic damages you can recover.
Liability: The clearer the liability of the at-fault driver, the stronger your claim will be. If there’s evidence of the driver’s negligence, such as police reports, witness statements, or video footage, it can significantly increase your chances of a fair settlement.
Insurance Coverage: The at-fault driver’s insurance policy limits will affect the maximum amount of compensation you can recover. If the driver has insufficient insurance, you may need to explore other options, such as your own uninsured/underinsured motorist coverage.
Comparative Negligence: Some states follow comparative negligence rules, which means your compensation can be reduced if you’re found partially at fault for the accident. For example, if you were jaywalking or crossing against a traffic signal, your settlement may be reduced to reflect your share of the responsibility.

Steps to Maximize Your Settlement

Following the right steps after a pedestrian accident can significantly impact your ability to maximize your settlement:

Seek Immediate Medical Attention: Your health is the top priority. Get medical help right away, even if you don’t think you are seriously injured. Some injuries might not be immediately apparent.
Document Everything: Maintain detailed records of everything related to the accident, including photos of the scene, damage to vehicles, and visible injuries. Collect witness contact information and obtain a copy of the police report.
Notify Your Insurance Company: Inform your insurance company about the accident, but avoid providing detailed statements or accepting any settlement offers without consulting an attorney.
Consult with a Pedestrian Accident Attorney: An experienced attorney can evaluate your case, advise you on your legal rights and options, and negotiate with the insurance company on your behalf.
Calculate the Full Extent of Your Damages: Work with your attorney to accurately calculate all your economic and non-economic damages, including medical expenses, lost wages, pain and suffering, and future care needs.
Avoid Early Settlement Offers: Insurance companies often try to settle quickly for less than you deserve. Don’t succumb to the pressure and accept a low settlement offer without consulting your attorney.
Be Cautious with Insurance Companies: The adjuster monitoring your claim will try to use anything you say against you in evaluating your claim. By hiring a personal injury attorney to manage your claim, you improve your chances of a fair pedestrian accident settlement.

The Role of a Pedestrian Accident Attorney

Hiring an experienced pedestrian accident attorney can significantly increase your chances of maximizing your settlement. An attorney can:

Investigate the accident and gather evidence to support your claim
Negotiate with the insurance company to reach a fair settlement
File a lawsuit and represent you in court if necessary
Help you understand your legal rights and options
Ensure that you receive the full compensation you deserve

Statistics show that injured people with an attorney often receive higher settlements than those without legal representation.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for filing a pedestrian accident lawsuit in your state. The statute of limitations is a law that sets a deadline for filing a lawsuit after an accident. Missing the deadline could result in the loss of your right to seek compensation. The specific statute of limitations for pedestrian accidents depends on the state where the accident took place. In most states, the statute of limitations for filing a personal injury lawsuit is generally two to three years.

Common Pedestrian Accident Injuries

Pedestrian accidents can result in a wide range of injuries, from minor to life-threatening. Some of the most common injuries include:

Head Injuries: These can range from minor concussions to traumatic brain injuries (TBIs), which can have long-lasting effects on cognitive and physical abilities.
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.
Internal Injuries: Internal bleeding, organ damage, and ruptured blood vessels are some of the potential internal injuries that can occur in pedestrian accidents.
Soft Tissue Injuries: Sprains, strains, and contusions are common soft tissue injuries in pedestrian accidents.

Conclusion

If you’ve been injured in a pedestrian accident, it’s essential to understand your rights and the types of compensation you can claim. By following the steps outlined in this guide and consulting with an experienced pedestrian accident attorney, you can maximize your settlement and secure your financial future. Remember, you don’t have to face this challenging time alone. With the right legal representation, you can fight for the justice and compensation you deserve.