A pedestrian accident can have devastating consequences. Because they have no protection to shield them from the force of impact, these individuals often suffer severe injuries. In such cases, obtaining compensation is crucial to ensure that all medical bills are paid and that the victim is able to get the medical care they need to make a full recovery.
When an accident involving a pedestrian occurs due to someone else's negligence, the injured party has a right to seek compensation by filing a personal injury claim. It's important to remember that the average pedestrian accident settlement amounts vary greatly, depending on a number of factors.
This article will provide more insight to help claimants know what to expect.
What Are Pedestrian Accidents?
Before delving into the average settlement for a pedestrian hit by a car, it's important to spend some time discussing what these accidents are and why they happen.
A pedestrian accident occurs when a car, motorcycle, bus, truck, bicycle, or other moving vehicle strikes a person who is walking on foot. They typically happen in busy metropolitan areas, at crosswalks, or at intersections and can cause serious injuries or even fatalities because pedestrians are vulnerable. Tom Fowler Law can also explain what happens if you hit a pedestrian jaywalking.
Injuries to Pedestrians Hit by Cars Are Often Severe
Depending on the type and nature of the collision, pedestrian accidents can result in major or minor injuries. The following are commonly seen in pedestrian accident cases:
Broken or fractured bones
Internal organ injuries
Lacerations and abrasions
Spinal cord injuries
Soft tissue injuries
Traumatic brain injury
Sadly, the reality is that not all victims live to tell the tale. Thousands of pedestrians are killed in the United States each year.
Common Causes of Pedestrian Accidents
There are a number of reasons why these incidents occur. To determine who would be held responsible in a pedestrian accident case, it's important to identify the cause.
Distracted Driving
This is undoubtedly a major problem on roadways and a common cause of all kinds of traffic accidents. When a person texts, makes a phone call, or fumbles with the radio while operating a vehicle, they can easily miss a person walking on the road and collide with them.
Failure to Yield the Right of Way
Pedestrians typically have the right of way at crosswalks, intersections, and other designated areas, and when a motorist fails to yield, a collision can occur. This negligent behavior is often the result of impatience, distracted driving, or a lack of knowledge of the applicable traffic laws.
Poor Roads or Road Planning
Poor road design is also a common reason why pedestrian accidents occur. Many roadways do not have pedestrian paths that allow room for people to walk safely.
Moreover, if the road presents dangerous conditions, such as surface defects, construction work, or no road markings, an accident can occur. The truth is that in such cases, a government agency or contractor may be held responsible for any resultant damages.
Pedestrian's Error
In some cases, pedestrians are to blame for their accident injuries. Failing to yield the right of way to a motorist or not abiding by traffic laws can also result in a collision. However, it is important for victims to remember that according to Iowa's comparative negligence law, they can still file a claim for damages, provided they bear less than 51% of the blame.
Understanding the Average Settlement for a Pedestrian Hit by a Car
The average settlement for a car accident involving a pedestrian tends to vary between $10,000 and $500,000, depending on a variety of factors. However, the reality is that not all pedestrian accident settlements fall in this range.
Those who suffer major injuries, such as damaged spinal cords, will likely be eligible for higher amounts than those with minor fractures or lacerations.
What Factors Determine the Amount Victims Receive in Pedestrian Accidents?
As already mentioned, the amount that a victim receives in a pedestrian accident case will depend on a variety of factors. This includes the following:
The Severity of the Injuries Sustained
It should come as no surprise that more severe injuries lead to higher-value settlements. That's because the responsible party will have to pay for past and future medical expenses, make up for lost income, and provide compensation for the pain and suffering that the pedestrian experienced. Injuries that take longer to heal will incur more expenses, resulting in a larger settlement amount.
Fault and Liability
As discussed already, sometimes pedestrian accident victims contribute to the incident. The truth is that pedestrians have the right of way at designated, marked crosswalks but are required to yield to traffic when crossing in unmarked areas.
If the injured person failed to follow this rule or contributed to the collision in another way, they may be partly to blame. In such cases, it is definitely possible for the pedestrian to still file a lawsuit, but their settlement amount will be reduced by their percentage fault.
Suppose Jane bears 10% of the blame in a pedestrian accident case and is awarded $100,000. In that case, she will only be left with $90,000, or 90%, of the total settlement amount.
However, keep in mind that victims who are more than 50% responsible for the accident may not file a pedestrian accident claim.
Insurance Coverage
The at-fault motorist may not have insurance at all or may have very little coverage in certain situations. As a result, settling pedestrian accidents can become challenging. This will restrict the compensation the injured party can receive unless they decide to sue the driver.
In situations where serious injuries lead to high medical expenses, this may be the only option. However, if the driver does not have significant assets that can provide compensation, victims may not be able to recover a settlement at all. In such cases, it may not be worthwhile to file a lawsuit at all.
To determine the best course of action, claimants should schedule a free consultation with our legal team.
Damages
Pedestrian accidents incur economic and non-economic damages. These damages are essentially the costs that a victim incurs as a direct result of the incident.
Economic losses include expenses such as medical bills, lost wages, property damage, and more, while non-economic losses cover pain and suffering, mental anguish, loss of consortium, etc. Each case is different, so different damages may apply, affecting the settlement amount that the claimant receives.
The Role of Legal Representation in Maximizing Pedestrian Settlements
Obtaining expert advice from an experienced lawyer is one of the smartest moves a pedestrian accident victim can make. The truth is that attorneys play a vital role in ensuring that their clients receive the maximum compensation. Here is an overview of how legal representatives assist:
They Protect the Victim's Rights
When facing a major insurance company, it's easy for claimants to be bullied into accepting fault or settling for ridiculously low offers that do not cover the cost of their pedestrian injuries. A personal injury lawyer will provide expert insight and ensure that the injured party is not taken advantage of.
They Investigate the Accident
Evidence is crucial to winning a personal injury case because the plaintiff always bears the burden of proof. This simply means that it is their job to prove that the other party or parties are responsible for their damages.
A pedestrian accident lawyer will conduct a thorough investigation, often hiring experts such as accident reconstruction specialists and expert witnesses to find out exactly what happened. This can uncover crucial evidence that may be used as part of the claim.
They Negotiate a Fair Settlement Amount
Obtaining the maximum settlement is something experienced personal injury attorneys do best. When a claimant entrusts their case to them, they stand a much better chance of receiving a high settlement amount.
They Offer Legal Expertise
Navigating the legal landscape can be challenging. The good news is that an experienced personal injury attorney can offer reliable insight and guidance, pointing victims to an option that is in their best interest.
They Help to Calculate Damages
The first step to obtaining the maximum settlement is calculating damages. Lawyers will accurately calculate the amount their client is due by factoring in both past and future economic and non-economic losses.
Filing a Wrongful Death Claim
Pedestrian accidents can be fatal. If a loved one is lost in a collision that was the result of someone else's negligence, their family members may initiate a wrongful death lawsuit to recover compensation.
Although this will not bring back the deceased, it will ensure that justice is met and provide compensation to cover funeral and burial costs.
Tom Fowler Law Is Here to Help
Obtaining the maximum pedestrian accident settlement depends largely on the kind of legal representation the claimant has. When it's time to get restitution, Tom Fowler Law will be there every step of the way, leaving no stone unturned in the pursuit of justice.
We offer free consultations in Des Moines, Iowa, to help victims determine whether they have a case. To learn more, claimants are encouraged to get in touch with us!
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