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Pedestrian Hit By Car Settlement

Pedestrian Hit By Car Average Settlements

If a car hits you as a pedestrian, you probably have lots of questions about your medical treatment, your legal rights, and what compensation is available to you. It’s always helpful to look at things like the average settlement for a pedestrian hit by a car, what factors make a pedestrian accident unique, and how you can maximize the amount of compensation you get for your injuries if you were hit by a car while walking, running, or biking.

Below is information about settlements when a car hits a pedestrian and related information. Remember – your pedestrian car accident settlement could be for much more or less. Find an experienced attorney today with the tools available at Lawsuit Info Center. They can provide you with more accurate information about your case.

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Injuries to Pedesrtians Hit By Cars Are Often Severe

Pedestrians have no protection from vehicles, so their injuries can be devastating. The National Highway Traffic Safety Administration reports these sobering facts:

  • 4,735 pedestrians died in traffic accidents in 2013.
  • Approximately 66,000 pedestrians were hit by cars and injured in the same year.
  • One pedestrian died approximately every two hours. One pedestrian suffered an injury every eight minutes in car accidents on average.

Most pedestrian accident victims have at least a few medical appointments, substantial medical bills, and lost work time. Generally, pedestrian accident victims will receive a larger settlement than regular car accident victims because their injuries are often much more severe. Pedestrian pain and suffering are almost always worse than conventional car accident victims.

Pedestrian accidents often involve severe injuries, so the car accident settlement payouts can be enormous in many of these cases.

Common severe injuries in these cases include:

  • Head trauma
  • Internal injuries
  • Pelvic fractures
  • Spinal cord injuries
  • Bone fractures
  • Severe lacerations
  • Wrongful death

Pedestrian vs. Car Settlement Story

Pedestrian Hit By Car: Accident Facts

On May 9, 2021 I was crossing the street in a marked crosswalk near Windmill Road & 21st Street in Charlotte North Carolina. I had the “walk signal” and began crossing the street. As I nearly finished crossing the street, I was hit by a Toyota Prius that ran the red light at the intersection causing my injuries and damages. The force and intensity of the impact caused me to be lifted from the ground and onto the hood of the vehicle. As the car braked, I was thrown to the concrete. I felt immediate pain and discomfort throughout my body including my back, neck, arms, left leg, ankle, and face. I was scraped, bruised, and bleeding. There was road rash on my arms from being dragged across the concrete.

 

Case Details

Insurance Company:                           State Farm Insurance Company

Bodily Injury Policy Limits:                $100,000 Per Person/ $300,000 Per Accident

Type of Accident:                               Pedestrian v. Toyota Prius

 

Injuries I Suffered When I was Hit By the Car

Immediately after the crash, I was shocked and suffering from substantial pain. The driver of the vehicle called the police who arrived with paramedics within minutes. Emergency Medical Services evaluated me and advised that I should be transported to the emergency room for treatment of my injuries. At this time, my pain levels were 8/10.

I arrived at Downtown Charlotte Emergency Room for treatment of my injuries. The paramedics placed a C-Collar around my neck which was extremely uncomfortable. Upon arrival to the emergency room, CT scans were taken of my neck, low back, and head. The imaging was negative for any fractures or dislocation. I had scrapes, contusions, and abrasions all over my body. I suffered road rash on both of my arms due to being dragged across the concrete. The road rash was extremely painful and gave me a burning sensation throughout my arms. My wounds were dressed, and my arms were wrapped in gauze. I. was prescribed Norco, a narcotic pain killer and discharged home later that day with instructions to seek further care and treatment for my injuries.

 

The following morning, I woke up with excruciating pain. I was tossing and turning throughout the night due to my progressively worsening pain and discomfort. I had aches and pains in my neck, back, shoulders, and legs. The road-rash on my arms was burning, and my skin was raw. I had to remove the bandages to clean my wounds and put ointment on my arms to prevent infection and reduce the chance of scarring. My neck, low back, and shoulder pain was killing me, so I called a chiropractor near my home and made an appointment for later that day.

 

I presented to Dr. Dave, D.C. in Charolette North Carolina for Chiropractic treatment. There is low neck pain, greater on the left, upper back, low back, and right/left upper shoulder pain and discomfort. Pain over the upper shoulders is present and there is left wrist/hand pain. There is tenderness to palpation of the cervical, lumbar, and thoracic spine along with the right/left shoulders. X-rays were taken of the cervical spine which revealed decreased IVD spacing C4-5 and C5-6 levels with reversal of the normal cervical lordosis. Lumbar X-ray shows slight right lateral lean-to midline with slight left lean upper lumbar spine to midline. As a result of my ongoing and persistent low back and neck pain, I was prescribed an MRI of my cervical and lumbar spine. I continued treatment here over the course of three months prior to being discharged with symptoms.

 

On June 10, 2021 I presented to Charlotte MRI for the recommended Cervical and Lumbar MRI. The impressions revealed the following:

Cervical MRI:

Loss of intervertebral disc height and disc desiccation changes at C3-7 levels

C3-4: 2.3 mm protrusion impressing the thecal sac with mild bilateral stenosis

C4-5: 2.6 mm protrusion indenting the thecae sac with moderate stenosis.

C5-6: 3.8 mm protrusion impressing the anterior thecal sac with annular tear

C6-7: 3.5 mm protrusion with bilateral exiting nerve root impingement and annular tear

 

Lumbar MRI:

 

L5-S1: There is 2-3 mm posterior disc protrusion with mild bilateral neural foraminal narrowing. Annular tear seen at this level with mild nerve root compression on                  L5-S1 nerve root.

 

As a result of my ongoing and persistent pain, I presented to Dr. Fishman, M.D. for an Orthopedic consultation. Dr. Fishman reviewed the results of my MRI’s with me and advised that the source of my ongoing neck and low back pain was due to nerve root impingement in both my low back and neck. The disc protrusions were also contributing to my pain and symptoms. I had neck pain and stiffness which is constant throughout the day. My road rash continued to be painful, however the only thing I could due to treat the pain was take care of the wounds and make sure my bandages were changed and dressed daily. There is pain in my lower lumbar area that radiates to my right leg along with frequent stiffness and spasm in the low back. I have avoided strenuous lifting, carrying, pulling, pushing, stooping, and bending because of my back and neck pain. There is weakness and stiffness in my right knee that worsens with prolonged standing and walking.

Initial Assessment:

  •             Cervical & Lumbar nerve root impingement with disc protrusions (per MRI)
  •             Left & Right shoulder pain
  •             Lumbar sprain/strain
  •             Lumbar facet arthropathy
  •             Lumbar and cervical disc displacement
  •             Right Knee pain

 

Recommendation:

 

I was recommended to undergo a cervical and lumbar epidural injection for treatment of my ongoing and persistent pain. The cost of each injection is $10,000-$15,000. The risks/benefits of the procedure were discussed in detail and I decided to move forward with the recommended injections which were scheduled for the following week.

 

One week later I presented to Dr. Fishman’s outpatient surgery center for the recommended cervical and lumbar epidural injections. The procedure went well and provided me with some much-needed temporary pain relief. Unfortunately, my pain and symptoms returned approximately one week later. I returned to Dr. Fishman for a follow-up visit and he recommended that I undergo a second round of cervical and lumbar epidural injections for pain management. I declined to move forward with the second round of injections but made sure that the recommendation for future medical care and treatment was documented. If my pain and symptoms continue to persist after the second injections, I will be referred to a spine specialist for a neurosurgical consultation.

 

My low back, neck, and shoulder pain began to slowly subside, however I was still dealing with the painful effects of the road rash on my right and left arms. I knew that it was important to get the road-rash documented by a physician, so I presented to Dr. Brody, M.D. a plastic surgeon near my home for a consultation. Dr. Brody, M.D. examined me and recommended that I continue keeping my wounds clean and dressing them with antibiotics to prevent infection. Dr. Brody advised that I would have permanent scarring on both arms as a direct result of the road-rash which he included in the medical report provided to me prior to leaving his office.

 

Negotiating the Pedestrian Car Accident Settlement    

 

Since I completed medical care and treatment and was starting to feel better, I collected all of my medical records/billing from each treating medical provider. It took about two weeks to collect all of my medical bills and records. My total medical bills were approximately $45,000. After receiving full and complete medical records and bills, I decided to submit a settlement demand to State Farm for the full policy limits of $100,000. I included all medical records and billing with the demand, along with photographs of the road rash on my arms. I explained in my demand letter that I would have permanent scarring on both arms as a direct result of the at fault drivers negligence. I also made sure to include Dr. Fishman’s recommendation for a second round of epidural injections so State Farm knew that I required future care and treatment for my injuries. I gave the adjuster two weeks to respond to the demand. Ten days later, I received a call from the adjuster who advised that State Farm was accepting my demand for the full $100,000 policy limits. It was a relief to have my case settled and receive prompt and fair compensation for my injuries and damages.

Actual Pedestrian Hit By Car Settlement Examples

Below are some sample car accident settlements involving a pedestrian hit by a car or truck. Note that your compensation could be for much more or less, depending on the facts of the case, the severity of your injuries, and a number of other factors.

$65,000 Pedestrian Accident Settlement

A car hit a man in a crosswalk in California. The victim complained to the first responders of leg pain. The doctor said he had a broken fibula (lower leg bone). The man did not need surgery, and GEICO paid $65,000 to settle the case.

His medical insurance company paid most of his medical bills before the case settled. The good news for the client? The health insurer reduced its liens. He only had to pay $8,000 for medical bills and received $57,000 for pain and suffering.

$70,000 Pedestrian Accident Settlement

A car hit a pedestrian in the middle of a road. She had a sacrum fracture, which is the bone at the bottom of the spine. Also, she had a tibial plateau fracture in her leg and four bulging discs. The lower back injury settlement was the bulk of the compensation in this instance, because it kept the woman from working for weeks and required many months of physical therapy. 

USAA paid $70,000, most of it for pain and suffering.

$110,000 Pedestrian Hit By Car Settlement

A driver hit a pedestrian in a crosswalk Miami-Dade County, Florida. The victim suffered an orbital fracture, which is the bone adjacent to the eye. A surgeon inserted a plate in her face to fix the broken bone.

The liability was clear. The driver’s BI liability coverage paid $10,000. However, the victim’s husband had uninsured motorist coverage through Progressive. Progressive paid $100,000, so the total settlement was $110,000.

In many states, buying uninsured motorist coverage is optional. It is always good to purchase this coverage because it pays when the at-fault driver’s coverage is inadequate. In most cases, uninsured motorist protection costs only $10 or $15 per month.

$215,000 Pedestrian Hit by Car Settlement

A pedestrian was awarded a $215,000 car accident payout as well as medical expenses after being struck by an at-fault motorist. The driver was making a left turn while monitoring oncoming traffic and struck the pedestrian as he was crossing the road.

He suffered a concussion, seperated shoulder, and numerous cuts & bruises.

Because the driver failed to yield right of way to the pedestrian before turning, he was held responsible for the pedestrian’s car accident injuries. A $215,000 car accident settlement to cover current and future medical expenses, as well as nearly 2 months of lost wages, to the plaintiff.

$325,000 Pedestrian vs Car Accident Settlement

A man in Miami rented a car. He drove it to a parking lot and was putting a parking ticket on the dashboard. Another driver hit his vehicle and crushed the man’s lower leg in the car door.

The at-fault driver’s insurance company quickly paid $100,000 in bodily injury coverage. They paid fast because surgery boosts the settlement value of a personal injury case. The settlement value for a broken leg with surgery is much more than $100,000. That is why the company paid so fast.

However, when the client rented his car, he bought the extended protection coverage. He also was entitled to $100,000 in additional uninsured motorist coverage. The insurance company tried to argue that the uninsured car did not hit the man.

The other driver was working for United States Customs when the crash happened. It took six months, but the US government eventually paid an additional $125,000 for the man’s injuries.

This case shows two things: the value of having an excellent attorney, and how important it can be to purchase extra coverage when you rent a car.

Next, you should talk to the police and obtain a copy of the police report. If the police report indicates that a driver or drivers are likely responsible for the accident, this will bolster your injury claim. Also, speak to any witnesses if you can. Get their contact information as direct witness testimony will strengthen your injury claim.

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Pedestrian Accident Settlement Calculator

Have you been involved in a pedestrian accident? Find out how much financial compensation you may be legally entitled to in just minutes with our free online Car Accident Settlement Calculator

Get Legal Help For Your Pedestrian Accident Case

If a car hits you as a pedestrian, it is essential to seek medical treatment immediately. After seeing your doctor, you may want to take legal action against the person who hit you.

Lawsuit Info Center can help you find an experienced auto accident attorney in your area. You may be entitled to compensation for your physical and emotional injuries. Use our site to find a pedestrian accident lawyer in your region today.

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Frequently Asked Questions about car accident settlements

Pedestrian Car Accident Settlements

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Whats the Average Settlement for Pedestrians Hit By a Car For Different Insurers?

Of the big insurance companies, Farmers and Progressive tend to offer the least compensation for car accident injuries suffered by pedestrians. Windhaven and United Auto also pay low payments. There usually is not enough bodily injury coverage with these companies to pay the full amount of pain and suffering.

Paying a bit more are Allstate, State Farm, and Philadelphia. But they still do not pay much.

Travelers, GEICO, Safeco, CNA, and Liberty Mutual pay above-average settlements.

Better insurance companies are Nationwide, Zurich, and USAA. Hartford also has a good reputation for paying our more in pedestrian car accident claims.

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Are Pedestrian Accident Settlements Similar to Motorcycle Accident Payouts?

Yes. Settlements in pedestrian accidents bear some similarities to motorcycle accident settlements. The most significant similarity is both often have severe injuries that require surgery. Severe injuries with surgery involved almost always mean a higher payment. The medical bills are higher, the recovery times are longer, and the impact on day to day life is usually felt more strongly.

But every case is different, and many factors could affect your pedestrian vs. car settlement amount. Because of the severe nature of most injuries suffered by pedestrians who were hit by cars, speaking with an attorney about your auto accident claim is recommended. 

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Does The Speed Limit Affect the Average Settlement For Pedestrians Hit By a Car?

It’s very possible that the speed limit can and will affect the settlement amount for a pedestrian vs car accident. If the posted speed limit is 45 MPH, it takes the driver longer to stop.

Why is this important?

The higher the speed limit, the harder it is for the driver to stop. The insurance company may say the driver is not entirely liable for the accident. Less liability on the driver means a lower average auto accident settlement for you. So, a higher speed limit may mean a lower payment.

However, a lower speed usually boosts the case value. The reason is the pedestrian can argue the driver should have stopped in time. The chances are also higher that the at fault driver was over the speed limit when they hit the pedestrian, which would indicate more liability and possible punative damages. 

b

Can you sue if you were drunk and jaywalking, and someone hits you with their car?

If you are intoxicated, jaywalking and are hit by a car, it is possible that you could be found entirely to blame for the crash and would not be able to sue the driver. But it depends on the exact circumstances of the accident.

Did you dart out from behind a parked car and give the driver no chance at all to stop? If so, you probably will be found liable for the accident and will not be able to collect damages.

But if the driver was speeding and had enough time to avoid hitting you and did not stop in time, you still may be able to collect some damages in a claim or lawsuit. However, you can expect the amount that you receive in compensation will be reduced by your percentage of fault for the crash. Being drunk and jaywalking could make you 30% or 50% or even more responsible for the accident, so your award would be less in many states where there is a contributory negligence standard in personal injury cases.

b

Are you always at fault when you hit a pedestrian?

In most car vs pedestrian car accident cases, yes the driver is going to be found at fault. Drivers are supposed to be extra cautious when driving in places where pedestrians may be present, and in most states pedestrians have the right of way by law. Usually, the driver bears at least some responsibility for the accident. That said, there are situations where the pedestrian could be partially or completely at blame for the accident.

If you hit a pedestrian in a crosswalk, you will nearly always be found liable for his or her injuries. But if the pedestrian was jaywalking, the matter is more complex. Who is at fault and the degree of fault will vary on the specific accident circumstances, and depending on whether or not the pedestrian was jaywalking, if they were intoxicated or acting recklessly, you may not be responsible for paying their pedestrian accident settlement.

For example, if the pedestrian walks out from behind a parked car and the driver had no chance at all to slow down, the pedestrian would probably be 100% to blame for the accident and could not file a claim for damages. But if the driver was speeding and a pedestrian jaywalks in front of the car and is hit, it is possible that both parties could share some responsibility for the accident. In many states, the amount of damages the pedestrian could collect would be reduced by his percentage of fault. So, if the pedestrian has $10,000 in medical bills but was found 40% responsible for the accident, he would only collect $6000 as his part of the auto accident settlement.

If you find yourself in a position where a pedestrian is saying you were at fault for hitting them with your car, you should probably consult with an attorney.

b

What happens if you hit a pedestrian jaywalking?

As a driver, you always have what is called a ‘duty of care’ to drive reasonably, prudently and to watch out for pedestrians. That is why even if a pedestrian is jaywalking, you still could be held partially liable for hitting him. This is why it is always important, particularly in residential areas or near schools, to drive carefully and look for pedestrians.

If you were a pedestrian and were jaywalking, you still may be able to collect some damages for the accident. A good personal injury attorney may be able to argue that the driver still was not exercising his duty of care by hitting you. This is even more the case if the driver was breaking the law at the time. If, for example, the driver was going 30 MPH in a 20 MPH school zone and hit you while you were jaywalking, you may still be able to collect damages in a claim or lawsuit.

b

Who is at fault when a car hits a pedestrian?

Drivers are required to be cautious when they are pedestrians present. While drivers are often found to be at fault in a pedestrian accident, this is not always so. Depending upon the circumstances, either party could be at fault, or both could share some responsibility for the accident.

The driver has what is called a ‘duty of care.’ This means the driver is held to a standard of what a careful, normal prudent driver would do in the same situation. If the driver is not being careful, violates the law and hits a pedestrian, he could be held liable in civil court for damages.

That said, there are scenarios where the pedestrian could be partially or even totally at fault for the accident. If a pedestrian walks out from behind a parked car into the street and there is no crosswalk, he could be liable for the accident that results. The driver would not have any responsibility for that accident.

There also are situations where fault could be shared. Perhaps the pedestrian jaywalks and is struck by a car, but the driver was going 10 MPH over the speed limit. In this situation, both could be held responsible, and the pedestrian’s settlement could be reduced substantially due to his being partially to blame for the accident.

Insurance companies are effective at minimizing accident injuries and tricking the injured into saying things that can damage their claim. It is always best for the injured person to speak to a personal injury attorney about the pedestrian accident for best case results.

b

What’s the average compensation for a pedestrian hit by a car?

If you are a pedestrian hit by a car, you will naturally wonder what type of car accident settlement you could receive. Every case is different, so it is hard to say what the average would be. But there are some key factors in these accidents to look at to give you some idea of the possibly compensation.

First of all, when a car hits a person, there will almost always be more than minor injuries. At the very least, you will probably have at least a few trips to the doctor and could have anywhere from a few hundreds to thousands of dollars in medical bills. The insurance adjuster may use some type of settlement formula to value the claim. The adjuster may take your total medical costs and lost wages and multiply them by a certain number to arrive at a potential settlement number.

For example, if you have $5000 in medical bills and lost earnings, the adjuster may then multiply that amount by a number between 1.5 to 5 to arrive at a possible settlement. For pedestrian accidents with moderate injuries, the multiplier might be 2 or 3. This would represent a moderate amount of pain and suffering that comes with minor to moderate injuries. So, your settlement could be between $10,000 and $15,000 in this case.

Drunk driving accident settlements are usually worth more. This is because you can sue the DUI driver for punitive damages. Punitive damages are added on top of payments for medical costs, lost wages, and pain and suffering. Because of the disorienting nature of alcohol, drunk drivers are a lot more likely to hit a pedestrian than a sober driver. 

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I was hit by a car, how much money will I get?

If you were a pedestrian and hit by a car, the amount of money you will get largely depends upon your injuries, the driver’s assets, and both parties’ insurance policies. How much you contributed to the accident is also a crucial factor.

Your most likely way to recover compensation in a pedestrian accident is through auto insurance. The driver is usually required to have insurance, and most states also require underinsured and uninsured motorist coverage. So, even if the driver who hit you has no insurance, your own insurance policy should cover your injuries and damages, up to policy limits.

If you have medical insurance and have immediate medical bills, that is probably the best place to turn immediately to cover your costs. Eventually, the health insurance provider will probably need to get reimbursed from the liable auto insurance company.

If you contributed to the accident, you still may collect some compensation in most states. If the state has a comparative fault standard, your compensation will be reduced by your level of responsibility for the accident. If you are found 25% to blame for the accident and your damages were $10,000, you may only receive $7500 in compensation from the applicable insurance policy.

In many auto accidents, the amount of compensation often boils down to the insurance policy limits. Many people do not have significant assets, so even if you are awarded $250,000 in compensation and the policy limits are $50,000, you may have difficulty collecting the rest of the settlement from most people.

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Can I sue if I was jaywalking and get hit?

If you are hit by a car when jaywalking, you could receive some compensation if the driver was negligent in some fashion. However, if you crossed without a crosswalk, the driver can argue you broke the law and were at fault.

For the pedestrian to make a valid claim the driver was at fault even if he was jaywalking, the pedestrian must prove the driver also was negligent. Negligence is defined legally as the duty to perform in a certain manner to avoid hurting other people.

If a person does not act ‘reasonably’ and causes harm to someone else, this is negligence.

In most states, there are four legal elements that must be proven for there to be negligence in a car accident claim:

  • Duty of care: The defendant has to owe you a duty of care.
  • Breach of duty: It has to be shown that the defendant breached the duty of care. For example, if you were jaywalking and the driver was speeding, it still could be shown the driver breached the duty of care, even though you were breaking the law.
  • Causation: Plaintiff must prove the breach of the defendant caused injuries. If the driver did not cause the injuries through their actions, you may not be able to collect as a jay walker
  • Damages: you need to show that you suffered damages in a monetary amount.

Depending upon the state, it is possible both the jaywalker and driver could be found at fault. If you suffered injuries, your possible compensation could be reduced by the percentage of fault you share for the accident. This is known in most states as comparative fault. If the driver was 50% at fault, you would have your potential compensation reduced by 50%.

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About Jessica Board, ESQ
 | jessica@lawsuitinfocenter.com

Jessica Board is a graduate of the University of Iowa School of Law and is licensed in Iowa, Nebraska, and South Dakota. A member of the ABA Young Lawyer division, Iowa organization of Women Attorneys, and Defense Research Institute. With an undergraduate degree in finance, Jessica is passionate about educating individuals about how the law can help them recover the compensation needed to fully recover from injuries.

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