Pedestrians are often far more vulnerable than motorists when navigating busy cities and towns. In a car, a motorist or passenger is surrounded by a steel frame that absorbs the shock of impact during a collision. A pedestrian is not afforded nearly the same degree of protection.
You may deserve compensation if you’ve been harmed in a pedestrian accident you believe resulted from the negligence of another party. Although settlement amounts can be substantial in these cases, as injuries in a pedestrian accident are often serious, the “average” settlement after a pedestrian accident varies widely. Factors like whether a victim has proper representation can play a significant role in the outcome of a case.
Still struggling with the physical and emotional aftermath of being struck by a vehicle, wondering if legal action is your next step? At Munley Law, our pedestrian accident attorneys have guided countless pedestrians through this exact situation, helping them secure the compensation they need to rebuild their lives – let us show you how during a free consultation.
Understanding Pedestrian Accident Settlements
Settlement data for pedestrian accidents varies widely across sources and should not be considered definitive. They’ll state (in some cases) that the average settlement may range from as little as $5,000 to as much as $500,000. Some claim average settlement amounts are even higher. You’ll find that answers to questions about the average payout in a pedestrian accident case are rarely consistent.
The value of a pedestrian accident settlement depends heavily on the specific details of your case, from the size and speed of the vehicle to the severity of your injuries. For instance, injuries from a slow-moving parking lot incident could differ greatly from those caused by a speeding truck – and your compensation would reflect that difference.
You need representation that accounts for the ways your pedestrian accident case differs from others. Curious about your potential settlement? Contact Munley Law for a personalized case evaluation.
Key Factors Affecting Pedestrian Accident Settlement Values
Many factors can influence the compensation available for a pedestrian hit by a motorist. Key factors include:
- Whether a victim sustained minor injuries requiring basic medical treatment or whether they sustained severe injuries that could result in long-term limitations and complications
- Who is liable for a pedestrian accident
- How much insurance coverage may be available
It’s also important to understand the difference between economic and non-economic damages in pedestrian accident cases. Economic damages in a personal injury case refer to medical bills, lost wages, and anything else that’s essentially a financial consequence of a pedestrian accident.
However, the consequences of such an accident may not be exclusively financial. For example, a pedestrian hit by a car may struggle with pain and suffering, loss of enjoyment of life, and other non-economic struggles. They can often still recover compensation for these losses even if they don’t have a clear dollar value.
Don’t worry if you’re not sure which types of losses and damages to account for when submitting a personal injury claim or lawsuit. Let Munley Law assess all factors in your case to maximize your potential settlement.
Components of a Pedestrian Accident Settlement
A pedestrian accident settlement can include compensation for various losses. Compensation typically covers both economic damages – and noneconomic damages. These factors combine to determine your full compensation, ensuring you’re made whole for both the financial and personal toll of the accident.The components of a settlement may include:
- Lost wages, which could also include future lost earning capacity if serious injuries permanently affect a victim’s ability to work
- Medical bills and future medical expenses if injuries are severe enough to require long-term treatment
- The cost of rehabilitation, home modifications, and other related costs
- Pain and suffering and other non-economic damages
Identifying all the potential elements of your settlement and documenting them appropriately can be a very overwhelming task. This isn’t something you should feel you must handle alone. Right now is a time to focus on your recovery.
Ensure all your damages are accounted for. Consult with Munley Law for a comprehensive case assessment.
Speak with a pedestrian accident lawyer near me.
The Role of Insurance in Pedestrian Accident Settlements
Auto insurance implications for pedestrian accidents can vary across the United States. Most states offer Personal Injury Protection (PIP) coverage to help with medical bills and other losses from vehicle accidents, which typically extends to pedestrian accidents.
However, policy limits may not fully cover all expenses. If your insurance doesn’t provide sufficient compensation for medical costs and lost wages, you can pursue a claim against the negligent driver’s insurance. Insurance challenges are common after accidents. Companies often push for lower settlements or deny claims, arguing their coverage doesn’t apply. With multiple insurers involved, determining responsibility becomes more complex, and each company’s adjusters may try to minimize payments.
When dealing with multiple insurance companies after a pedestrian accident, a personal injury lawyer at Munley Law can provide legal guidance to help with these complex insurance matters and pursue fair compensation on your behalf.
Liability Considerations in Pedestrian Accidents
You don’t need to prove negligence when filing a claim with your own insurance. However, when seeking compensation from the insurer of a driver or other negligent party who caused your accident, proving your accident resulted from their actions or carelessness is a requirement.
Ways to potentially gather evidence proving fault for a pedestrian accident lawsuit or claim include:
- Gathering and reviewing any photos or footage of the accident that may exist
- Reviewing the official police report of the accident
- Interviewing witnesses
- Requesting surveillance footage from nearby businesses that may be available
- When necessary, coordinating with doctors and other professionals whose expert testimony could provide insights into the cause of an accident
How Negligence Laws May Affect Your Pedestrian Accident Settlement
In the United States, comparative negligence rules significantly impact pedestrian accident settlements, with most states allowing victims to receive compensation even when partially at fault, though their award is reduced by their percentage of responsibility. For instance, a pedestrian who is 20% at fault for an accident while using their phone might receive $80,000 from a $100,000 claim.
The system varies by state: thirteen states including California and New York use pure comparative negligence, allowing recovery regardless of fault percentage; thirty-three states follow modified comparative negligence, with either a 50% or 51% bar rule limiting recovery; and four states plus D.C. apply pure contributory negligence, barring any recovery if the plaintiff is even 1% at fault. Insurance companies often dispute liability levels to reduce settlements, making the pedestrian’s assigned percentage of fault a key factor in determining final compensation amounts.
Disputes can arise regarding liability in these cases. An insurance company or liable party may try to argue your role in the accident was more significant than you believe it was.
Protect your rights in liability disputes. Let Munley Law build a strong case for you.
How a Pedestrian Accident Lawyer Can Maximize Your Settlement
A serious pedestrian accident can result in injuries that dramatically impact your quality of life in both the short and long term. Right now, you shouldn’t have to worry about adding to your burdens by attempting to recover compensation without assistance. Your health and wellness should be your top priorities now.
An experienced personal injury lawyer at Munley Law can guide you through every step of your case. Specific forms of assistance our firm can offer include:
- Reviewing your case, answering your questions, and providing general information about your legal options
- Explaining what you should and shouldn’t do as the case unfolds
- Leveraging the resources of our firm to investigate and gather evidence of liability thoroughly
- Accounting for your losses and documenting them properly to seek all the compensation that may be available
- Submitting claim or lawsuit paperwork by applicable deadlines
- Reviewing insurance company settlement offers and rejecting ones that are too low
- Handling all negotiations on your behalf
- Negotiating with insurance companies
- Representing your interests in court if necessary
Increase your chances of a fair settlement. Choose Munley Law’s experienced pedestrian accident attorneys to represent you. Call today for a free case review.
