Pedestrian Accident Settlements
If a car hits you as a pedestrian, you probably want to know about settlements. You need to learn about payments for similar pedestrian accidents.
Also, attorneys must have up-to-date information on pedestrian accident settlement values.
The reason is insurance companies – GEICO, Progressive, State Farm, etc. – use past settlement information to make settlement offers on current personal injury cases. However, insurance companies tend to favor their own earlier settlements when negotiating a recent pedestrian accident case.
If the case looks like it is going to trial, the insurance company will start to look at recent jury verdicts. The insurance company’s lawyers will perform jury verdict searches to determine how much the case may be worth.
Below is information about settlements when a car hits a pedestrian and related information. Remember – your pedestrian 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.
Pedestrian Injuries 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.
- Traffic accidents injured 66,000 pedestrians in the same year.
- One pedestrian died approximately every two hours. One pedestrian suffered an injury every eight minutes in car accidents on average in 2013.
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 worse. Pedestrian pain and suffering are almost always worse than conventional car accident victims.
Below are some sample pedestrian accident settlements. Note that your compensation could be for much more or less. Find an attorney at Lawsuit Info Center to talk about the details of your pedestrian accident case.
$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.
A skilled personal injury attorney can negotiate with your healthcare providers and sometimes reduce their liens on your settlement.
$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.
USAA paid $70,000, most of it for pain and suffering.
$110,000 Pedestrian Accident 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.
$325,000 Pedestrian 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.
Does The Speed Limit Affect the Settlement?
Possibly. 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 pedestrian 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.
What Happens If The Driver Was Drunk?
Drunk driver pedestrian accidents 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.
An Uber Driver Hit Me. Can I Sue?
If an Uber or Lyft driver hits you, there may be more insurance coverage available. But it depends on whether the driver was working at the time of the accident.
The best case is the rideshare driver was working at the time. You may be entitled to as much as $1 million in bodily injury coverage in this case. But your attorney must prove the driver caused the accident.
Do You Need to Draw an Accident Diagram in Court?
Assume a car hits a pedestrian. The pedestrian sues the driver. The liable driver’s attorney can require you to testify under oath, also called a deposition.
During the deposition, the attorney cannot order you to draw an accident diagram. You can draw a picture if you want to explain something, but you cannot be required to do so.
Do Different Insurance Companies Pay More and Less for Pedestrian Accidents?
Yes. Of the big insurance companies, Farmers and Progressive tend to offer the smallest settlements. 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 claims.
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. But every case is different, and many factors affect the settlement amount.
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 Pedestrian 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 personal injury 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.
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.
Drivers are supposed to be extra cautious when driving in places where pedestrians may be present. 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.
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 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.
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.
If you are a pedestrian hit by a car, you will naturally wonder what type of 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.
Most car accidents involve two cars hitting each other. But what if you are walking or biking and are hit by a car? Your rights for compensation in a lawsuit depend on a few critical factors:
- Who was at fault? Most people think if a pedestrian is struck by a car, the driver is always at fault. This is not so. Drivers must yield to pedestrians at crosswalks. They also must obey traffic laws, such as speed limits. If you are hit as a pedestrian when the driver is violating the law, you can certainly sue the driver for damages. But if you were partially at fault, your amount of compensation could be less.
- Were you hurt? If you were hit by a car and were injured, then you will probably be able to sue the person for your damages. In most cases, there will be a personal injury settlement with the insurance company for the driver. In a few cases, if the settlement talks are unfruitful, the case could eventually go to court.
- Did the driver stop? If the driver stopped and provided their insurance and contact information, you will be able to pursue a claim with that insurance company. If it was a hit and run, your options could be more limited. Report the accident to the police and get the statements and contact information of any witnesses. If you are able to find the hit and run driver, you may be able to pursue a claim against them. But if you can’t, you may need to work through your own health insurance and auto insurance provider to cover your damages.
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.
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%.