Picture this: a bustling city, people on the move, and then, in a split second, a pedestrian gets hit by a car in a crosswalk. It’s the kind of scenario that turns lives upside down – injuries, emotional stress, and the weight of unexpected expenses. Now, let’s talk about finding a way through this mess.
In the aftermath of such an incident, the pressing question on your mind is likely: “If I was a pedestrian hit by a car, what should I expect in my settlement?” This article aims to shed light on the average pedestrian accident settlement amount, the factors influencing these settlements, and how an experienced personal injury lawyer can guide you through the legal process.
What Should I Expect in My Settlement? If I Was a Pedestrian Hit by a Car
The aftermath of a pedestrian accident can be overwhelming, both physically and emotionally. One of the critical concerns for victims is understanding what to expect regarding a settlement. The settlement amount in a pedestrian accident case can vary widely, depending on various factors.
Average Pedestrian Accident Settlement Amount
The average settlement for a pedestrian hit by a motor vehicle in a crosswalk can range from a few thousand dollars to millions, depending on the incident’s circumstances. Factors such as the severity of injuries, medical expenses, lost wages, and the impact on the victim’s life are crucial in determining the compensation amount.
In general, the mean settlement sum for a pedestrian accident claim is approximately $53,510.12. Typically, the average settlement for a pedestrian hit by a car can fluctuate between $10,000 and $75,000 for minor injuries like whiplash or a fractured bone. Settlement amounts have the potential to go beyond $100,000 or surpass $1 million for more severe and catastrophic injuries such as spinal cord or traumatic brain injuries.
Factors That Affect the Amount of Pedestrian Accident Settlements:
Severity of Injuries:
The extent of injuries plays a significant role in determining the settlement amount. Serious injuries, such as traumatic brain injury, spinal cord injury, or life-threatening injuries, often result in higher settlements.
Medical Bills and Treatment:
The medical expenses incurred for treating severe injuries are a crucial factor. This includes immediate medical costs and ongoing and future treatment needs. Victims with extensive medical bills are likely to receive higher settlements.
Lost Wages and Income:
The lost wages and income will be factored into the settlement if the pedestrian cannot work due to the injuries sustained. This includes both current and future lost income.
Fault in the Accident:
Determining fault is crucial in pedestrian accidents. The settlement amount may be higher if the driver is found negligent or at fault. However, cases involving comparative negligence, where both parties share fault, can impact the final compensation.
Insurance Coverage:
The at-fault party’s insurance coverage, whether it’s a private driver or a commercial entity, influences the settlement. In many states, the minimum required insurance coverage to meet legal standards is $25,000 per individual and $50,000 per accident. In cases involving uninsured or underinsured drivers, additional challenges may arise.
How Can I Seek Compensation After Pedestrian Car Accident?
Suppose you’ve been involved in a pedestrian car accident and seek compensation. In that case, taking specific steps to protect your rights and increase the likelihood of a successful claim is essential. Here is a step-by-step guide on how to pursue compensation after a pedestrian car accident:
Seek Immediate Medical Attention: Prioritize your health. Seek prompt medical attention for your injuries, regardless of their severity. This ensures your well-being and documents the extent of your injuries.
Contact Law Enforcement: Report the accident to the police and an official accident report is filed. This report can be crucial evidence when pursuing compensation.
Gather Evidence: Collect evidence at the scene, including photos of the accident, vehicle damage, and your injuries. Obtain contact information from witnesses.
Exchange Information: Share contact and insurance details with the driver involved. Collect witness information if possible.
Contact Your Insurance Company: Notify your insurance company promptly. Provide necessary information, but be cautious about recorded statements without legal advice.
Consult a Personal Injury Lawyer: Schedule a consultation with a personal injury lawyer experienced in pedestrian accidents. They can assess your case’s merits and guide you through the process.
Consider Alternative Dispute Resolution (ADR): If negotiations stall, consider mediation or arbitration alternative dispute resolution methods.
File a Lawsuit, if Necessary: If a fair settlement cannot be reached, your lawyer may advise filing a personal injury lawsuit against the at-fault party.
What if an At-Fault Driver Is Uninsured?
If the at-fault driver involved in a pedestrian car accident has no insurance, the situation becomes more complex, but there are still potential avenues for seeking compensation. Here’s what you can do:
Check Your Insurance Coverage: Review your insurance policy to see if you have underinsured/uninsured motorist coverage. This coverage protects you when the at-fault party has insufficient or no insurance.
File a Claim with Your Insurance Company: If you have UM/UIM coverage, file a claim with your own insurance company. Provide them with all the necessary details about the accident, your injuries, and any associated expenses.
Cooperate with Your Insurance Company: Work closely with your insurance company throughout the personal injury claim process. Provide them with all requested documentation, including medical records, evidence of damages, and other relevant information.
Evaluate Additional Insurance Policies: In some situations, other insurance policies may apply, such as umbrella policies or coverage through an employer. Your lawyer can help investigate these possibilities.
Explore Government Programs: In some cases, victims of uninsured motorists may be eligible for compensation through government programs. Your lawyer can guide you on whether you qualify for such assistance.
How an Attorney Can Help:
Navigating the legal complexities of a pedestrian accident case can be daunting, especially when dealing with insurance companies and legal procedures. This is where an experienced pedestrian accident attorney can make a significant difference.
Investigation and Evidence Gathering: A skilled attorney will thoroughly investigate the accident, gathering evidence to establish liability. This may include witness statements, surveillance footage, and accident reconstruction if necessary.
Negotiating with Insurance Companies: Dealing with insurance companies can be challenging. Lawyers are adept at negotiating with insurers to ensure you receive fair compensation. They understand the tactics insurers use to minimize payouts and can protect your rights.
Legal Representation in Court: If a fair settlement cannot be reached through negotiations, your attorney will be prepared to take your case to court. Legal representation is crucial for presenting a compelling case before a judge and jury.
Expert Consultations: Personal injury lawyers often collaborate with medical experts, economists, and other professionals to assess the full impact of your injuries. This comprehensive approach strengthens your case and helps determine an appropriate settlement amount.
Providing Support and Guidance: Going through a pedestrian accident case can be emotionally challenging. An attorney handles the legal aspects and provides support and guidance, helping you make informed decisions throughout the process.
Get Help from a Personal Injury Attorney at BLG
If you ask, “If I was a pedestrian hit by a car, what should I expect in my settlement?” it’s crucial to understand that each case is unique. Seeking the guidance of an experienced pedestrian accident lawyer can make a significant difference in the outcome of your case. The average settlement amount, the factors influencing settlements, and the role of an attorney are all essential aspects to consider when pursuing compensation for a pedestrian accident.
Remember, you don’t have to navigate this challenging journey alone – legal support is available to help you recover the compensation you deserve.
If you’ve been a victim of a pedestrian accident, the road to recovery can be complex. Don’t face the legal challenges alone. At BLG, our experienced personal injury attorneys are here to guide you through the process, fight for your rights, and ensure you receive the compensation you deserve.
Contact us today for a free consultation.
FAQs
How much is the average payout for a pedestrian hit by a car?
The average payout for a pedestrian hit by a car can vary widely depending on various factors, including the extent of injuries, medical expenses, lost wages, and other damages. There is no fixed amount, as each case is unique. Insurance companies, legal teams, and courts consider several factors when determining compensation.
How much can someone sue for a car accident?
The amount someone can sue for in a car accident case depends on several factors, such as the severity of injuries, property damage, medical expenses, lost wages, and emotional distress. Additionally, the insurance coverage of both parties involved plays a significant role. It’s essential to consult with a legal professional to assess potential damages in your specific case accurately.
What happens if you hit a pedestrian?
If you hit a pedestrian, the actions that follow can depend on the severity of the incident. In general:
Immediate response: Check for pedestrian injuries and call for emergency medical assistance if necessary.
Contact law enforcement: Report the accident to the police.
Exchange information: Share your contact and insurance information with the pedestrian and any witnesses.
Insurance claims: Notify your insurance company about the incident.
Legal consequences: Depending on the circumstances, you may face legal consequences, such as citations or criminal charges.
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