The average settlement for a pedestrian hit by a car can vary significantly depending on several factors, including the severity of the injuries, liability, insurance coverage, and local laws. It is important to note that while you can get some general insights on this topic, specific settlement amounts can only be determined on a case-by-case basis, and it is essential to consult with a legal professional for accurate guidance.
In many situations, if a pedestrian gets hit by a car and has minor injuries like whiplash or a broken bone, the typical settlement can be anywhere from $10,000 to $75,000. But if the injuries are severe, like damage to the spinal cord or a traumatic brain injury, the settlement could go well above $100,000 and even reach over a million dollars. The seriousness of the injuries really affects how much compensation someone might get.
Factors Affecting Pedestrian Accident Settlements
Pedestrian accident settlements are influenced by various factors, and understanding these elements is crucial in estimating an average settlement:
- Severity of Injuries: The most critical factor affecting pedestrian accident settlements is the extent and severity of the injuries sustained. Serious injuries such as traumatic brain injuries, spinal cord injuries, and multiple fractures typically result in higher settlements.
- Liability: Establishing liability is crucial. If the driver is clearly at fault, the pedestrian is more likely to receive a favorable settlement. However, if the pedestrian’s actions contributed to the accident, this can affect the settlement amount.
- Insurance Coverage: The driver’s insurance policy and the pedestrian’s insurance coverage can significantly impact the settlement. A well-insured driver is more likely to provide a larger settlement, while uninsured or underinsured drivers can complicate matters.
- Medical Expenses: The total cost of medical treatment, including emergency care, surgeries, hospital stays, rehabilitation, and ongoing care, will be considered in determining the settlement.
- Lost Wages: If the pedestrian is unable to work due to the injuries, the lost income will be factored into the settlement.
- Pain and Suffering: Non-economic damages, like physical pain, emotional distress, and loss of quality of life, are considered in the settlement amount.
- Property Damage: If the pedestrian’s personal property, such as clothing or personal items, was damaged in the accident, this may be included in the settlement.
- Legal Representation: The quality and experience of the pedestrian’s legal representation can influence the outcome of the case. Experienced attorneys may negotiate larger settlements.
Average Pedestrian Accident Settlement Amounts
As mentioned earlier, settlement amounts can vary greatly. On average, pedestrian accident settlements can range from a few thousand dollars to several million dollars. It is challenging to determine an exact average due to the wide range of circumstances involved.
Minor Injuries: For cases involving minor injuries like sprains, bruises, or minor cuts, settlements may range from a few thousand dollars to tens of thousands.
Moderate Injuries: Cases with more moderate injuries, such as fractures, lacerations, or soft tissue injuries, might result in settlements ranging from tens of thousands to a few hundred thousand dollars.
Serious Injuries: Accidents resulting in severe injuries, including traumatic brain injuries, spinal cord injuries, or multiple fractures, can lead to settlements in the hundreds of thousands to millions of dollars.
Some Basic Case Examples
To illustrate the variability of pedestrian accident settlements, here are a few hypothetical case examples:
Case 1: Minor Injuries
A pedestrian suffers minor injuries, including a sprained ankle and minor cuts.
Medical expenses total around $5,000.
Lost wages amount to $2,000.
The pedestrian receives a settlement of approximately $10,000.
Case 2: Moderate Injuries
A pedestrian sustains a fractured arm and several deep lacerations.
Medical bills amount to $50,000.
Lost wages reach $10,000.
The pedestrian’s settlement may range from $60,000 to $150,000, depending on liability and other factors.
Case 3: Serious Injuries
A pedestrian experiences a traumatic brain injury and requires ongoing medical care and rehabilitation.
Medical expenses exceed $500,000.
Lost wages for a long-term disability result in millions of dollars.
The settlement could potentially reach several million dollars, especially if the driver is clearly liable.
an important thing to note is that these figures are dynamic and negotiable. these figures do not represent actual value your case might get. the amount will be determined for you, based on the above listed factors.
Consider your Insurance
Insurance considerations play a crucial role in pedestrian accident settlements. Typically, the driver’s liability insurance is the primary source of compensation for the injured pedestrian when the driver is at fault. However, the coverage limit varies, and if it’s insufficient, the pedestrian’s own insurance policy, particularly uninsured/underinsured motorist (UM/UIM) coverage, can help bridge the gap. Some policies also include medical payments coverage, which offers immediate payment for medical expenses. Effective negotiation with insurance companies is vital, as they often aim to minimize payouts. It’s important to understand policy limits, exclusions, and coordination of benefits when dealing with multiple insurance policies. Additionally, timing, subrogation, and insurance denials can impact the final settlement amount. Consulting an experienced attorney in personal injury law is essential to navigate these complexities and ensure the pedestrian receives fair compensation.
The average settlement for a pedestrian struck by a car can vary greatly, contingent on a multitude of factors such as injury severity, liability, insurance coverage, medical expenses, lost wages, pain and suffering, property damage, and the quality of legal representation. If you’ve been involved in such an incident, seeking professional guidance is paramount.
Contact the experts at Phillips Law Office to assess the unique aspects of your case and secure the maximum compensation to which you may be entitled. Our seasoned attorneys possess the knowledge and experience to navigate the intricate landscape of personal injury law, ensuring that you receive a just and equitable settlement tailored to the specific details of your accident. Don’t delay, get the support you need; reach out to Phillips Law Office today to protect your rights and secure the compensation you deserve.