Imagine taking a stroll down the street, enjoying the fresh air and sunshine, when suddenly, out of nowhere, a car comes crashing into you.
It’s not something you would expect, right?
As a pedestrian, you have every right to trust that drivers will follow the rules of the road and keep you safe, whether on the sidewalk or crossing the street. Unfortunately, accidents happen—and the number of pedestrians being hit and injured by cars has skyrocketed in recent years.
It’s a scary thought, but understanding what to do in such instances is important. We’ve put together this article to give you all the information you need about pedestrian accidents and why you must hire an experienced lawyer as soon as possible.
So, whether you’re an avid walker or someone who likes to get around on foot from time to time, read on to find out how to stay safe and protect yourself in case the unthinkable happens.
Average settlement for pedestrian hit by a car
The average settlement for a pedestrian hit by a car will vary depending on the circumstances of the accident. In addition, different states have slightly different pedestrian rules, which will affect the outcome of a settlement or lawsuit. This makes it hard to estimate the payout you could receive. It can range from $15,000 to $1 million, depending on the circumstances of the event and the extent of the injuries sustained.
In more extreme cases, lawsuits for wrongful death that result from pedestrian accidents can also be for more than this amount. This is why you should employ an experienced personal injury lawyer from Angel Reyes to ensure you receive the compensation you deserve.
Factors that affect pedestrian vs. car settlements
The amount you receive in a pedestrian accident settlement is based on a few factors. Let’s take a closer look.
Liability
Liability in pedestrian cases can be tricky—it’s more complicated than pedestrians having the right of way at crosswalks. Certain states have different rules regarding pedestrians and controlled and uncontrolled crosswalks.
Therefore, pedestrians can also be held liable in some cases. This will affect their settlement amounts and could prevent them from getting a settlement.
Texas, for example, is a modified comparative negligence state. So, pedestrians can’t get a settlement if they are more than 50% to blame for the accident. The percentage of liability they are assigned below 50% will also affect the settlement amount.
Injuries
The amount of your settlement will also be determined by the severity of your injuries in the pedestrian accident. More severe injuries may result in higher payouts if the driver is at fault.
Also, if the pedestrian dies because of their injuries, the pedestrian’s family may want to file a wrongful death claim.
Insurance coverage
In some circumstances, the driver who caused the collision may not have insurance or may have only limited insurance. This can make it hard to settle pedestrian accidents. This will limit your payout unless you seek to file a lawsuit against the driver. It’s sometimes necessary in cases where severe injuries result in hefty medical bills.
However, it is pointless to file a lawsuit unless the at-fault driver has assets that amount to some form of compensation. It will drag on forever and, more often than not, result in more costs than a payout.
Damages
Damages in a pedestrian accident can be categorized into general and special damages. They are both used to calculate the settlement you are entitled to.
Special damages include medical bills, lost wages, future treatments and the inability to work.
General damages—or non-economic factors—include pain and suffering, emotional distress, disfigurement and the inability to go on with life as you did before the accident. These are difficult to quantify but are crucial in personal injury cases.
Common causes of pedestrian accidents
Drivers harm more than 75,000 pedestrians annually, with about 7485 pedestrians in that number losing their lives. The causes of the accidents include cases where both pedestrians and motorists are at fault.
Some common causes include:
- Speeding
- Bad weather
- Drunk driving
- Walking in illegal areas
- Mobile phone use
- Failure to obey traffic rules
- Distracted driving
- Not obeying traffic signals
The cause of the accident is crucial to proving liability. This is why gathering as much evidence as possible for your case is essential.
What do I need for a ‘pedestrian hit by car’ settlement?
There are a few things you should do immediately if you or a loved one is hurt in a car accident. This will ensure you have everything necessary to seek compensation for your injuries.
Accident information
Following the accident, you must gather as much information as possible. You will need information about the driver who hit you and the vehicle. However, this can be challenging if you have been gravely hurt.
In this case, you will need to immediately contact a friend or family member to come to the accident scene or get a copy of the police report. Photos, eyewitness statements and even video footage could be crucial components of your case.
Seek medical care
You must seek medical care after an accident to assess your injuries. This is important for two reasons—to make sure you are physically okay, and to show that your injuries were caused by the accident if you need to file a personal injury claim.
Sometimes pedestrians think they’re okay but are in a state of shock and have not registered their injuries. This not only puts your life at risk, but it will also be harder to prove that your injuries were accident-related.
Keep everything
To make things easier for your lawyer, you should keep everything regarding the accident and your treatment. This includes police, eyewitness and medical reports, bills, photos, videos and even your clothing from the day of the accident.
You never know what will be needed to reach a settlement or disprove the defendant’s claims. Having all this information ready for your lawyer will save time and ensure they have everything they need for the settlement negotiation or trial.
Wrongful death lawsuit
Sometimes, a pedestrian accident insurance settlement is not enough. There have been times when loved ones have had to pursue a wrongful death lawsuit after the death of a pedestrian. The details needed from the accident are the same as above, but the calculation of the settlement is slightly different.
There are several more damages you can claim, including the loss of household services, loss of consortium and funeral costs. An experienced wrongful death lawyer can help you figure out how to negotiate a settlement and will know when to file a lawsuit.
Pedestrian accident settlement examples/cases
At Reyes Browne, our clients are our priority. We have decades of experience successfully settling personal injury and wrongful death cases, which gives us the insider advantage in even the toughest of situations. This is why you can leave it to us to ensure you get the compensation you deserve.
Some of our case results include the following:
- $7,500,000 for the wrongful death of a 48-year-old man in an auto accident.
- $1,500,000 settlement for injuries suffered in a motor vehicle collision.
- $4,163,597.50 for wrongful death from an auto accident involving an 83-year-old woman.
- $15,000,000 for an auto accident involving an 18-wheeler truck that resulted in accident injuries and the wrongful death of several family members.
Whether you need a personal injury lawyer or a wrongful death lawyer for your pedestrian accident case, we have the expertise you need. The Reyes Browne law firm always has your best interests in mind and is ready to fight for you every step of the way.
FAQs
What is the average payout for a pedestrian hit by a car in California?
The compensation for a pedestrian hit by a car will vary depending on the specifics of the accident. California is a comparative negligence state, just like Texas, which will affect how much you get paid. The highest amount paid in a pedestrian accident settlement in California was $28,715,000.
Can a driver claim against a pedestrian?
Yes, they can. If a pedestrian was at fault for the accident, the driver could file a claim against the pedestrian. This is why gathering evidence from the accident is so important. The driver may claim that the pedestrian was in a crosswalk when it was the car’s right of way or that they were distracted while walking and did not see the car.
Can someone else claim on behalf of a pedestrian?
Yes. If the pedestrian cannot do so because of their injuries or if they have passed away, someone else could file a claim. A spouse, parent or child can claim on their behalf. You just have to be aware of the statute of limitations regarding filing a claim. This is why it is necessary to secure the services of a lawyer.
How long do pedestrian accident settlements take?
The length of these cases also varies. Usually, more significant amounts will take longer to negotiate—they may even proceed to trial if they cannot be agreed upon. Having all the information your lawyer needs about the accident will help them build a strong case, making the negotiation go more smoothly. However, the timeline can range from a few months to two years.
How much are settlements for wrongful death cases?
Like in personal injury cases, the amount of a wrongful death settlement will depend on what happened and how much damage was done. They can easily exceed $1 million or fall well below $250,000. You will need an experienced lawyer's assistance, depending on your case's specifics.
Finding the best car accident lawyers in Texas
When determining the average settlement for a pedestrian hit by a car, there are many factors to consider. Each case is unique and requires careful consideration, from the specifics of the accident and the extent of the pedestrian’s injuries to the total damages incurred. With all these complicated factors, getting through the legal process and dealing with insurance companies while healing from your injuries can be hard.That’s why it’s crucial to have an experienced lawyer on your side. Our team has the skills and knowledge to help you get the settlement you deserve and get through this complicated process. We can discuss your case in a free consultation and determine the best action to take to get you the compensation you need. So if you’ve been in a pedestrian accident in Texas or any other state, don’t hesitate to contact us today for help.
