Pedestrian accidents cause hundreds of injuries and deaths in Iowa each year. In most cases, driver negligence is a major factor, causing devastating consequences for the victim. Speeding, driving while under the influence, or ignoring traffic laws can leave an innocent bystander fighting for their life.
When this happens, the pedestrian is not only left with serious injuries, scars, and pain, but they are also plunged into financial difficulty against their will.
Fortunately, filing a car accident claim can help them obtain the compensation they need to move forward and make a full recovery. Before the legal process begins, however, it helps victims to know what their case is worth.
In this comprehensive guide to pedestrian accident settlements, we will offer crucial insight into the inner workings of these cases.
Why Are Pedestrian Accidents Often Serious?
Unlike traffic accidents involving two or more motor vehicles, pedestrian crashes often involve a car, truck, bus, etc., and a person walking on foot. Since they have no protective gear in the form of a metal shell, airbags, helmets, or safety belts, the pedestrian's body typically bears the brunt of the force when an impact occurs.
Because vital parts of the body, such as the head, neck, and back, are subjected to the force of impact, life-threatening injuries can occur.
In addition to the force of impact from a vehicle, pedestrians are also plunged into the ground, other vehicles, sidewalks, and more after the crash, which can cause secondary injuries.
Common Injuries Sustained in a Collision Involving a Pedestrian
Pedestrian accidents often cause severe injuries and can even result in death. Here are some of the most common ways a person can be hurt when they are hit by a passenger car or large motor vehicle:
Broken bones
Traumatic brain injury
Spinal cord damage
Soft tissue injuries
Lacerations
Amputations
Fractures
Internal organ damage
Sometimes, these injuries can leave the victim permanently disfigured or with a lifelong disability that changes the quality of their life.
What Is the Average Settlement for a Pedestrian Accident Claim in Iowa?
When a pedestrian is hurt because of the negligence of a driver or another party, they may be liable for compensation. While this certainly cannot take away their pain or fix what has already been damaged, it can ensure that the person is able to get critical medical care.
The average car accident settlement amount for a personal injury claim nationally is around $30,000. However, it is essential for victims to remember that every case is different, and so the compensation that a person may receive will vary depending on factors such as the severity of the injuries sustained and the defendant's insurance policy limitations.
For major injuries, the average is roughly $50,000 to $1 million.
Tom Fowler Law has been around for many years and has helped thousands of clients obtain the compensation they deserve. For a fighting chance at securing a higher settlement, pedestrian accident victims are encouraged to contact us.
What Compensatory Damages Can Victims Claim?
The law allows victims to claim both economic and non-economic damages in personal injury cases.
Economic Damages
These are simply the calculable financial losses that a person suffers as a result of an accident. They include the following:
Medical Expenses
When a person is hit by a car, they often end up with severe injuries, requiring lengthy hospital stays, expensive procedures, bloodwork, and more. To ensure that they receive compensation for this, they will need to present evidence in the form of medical bills and, if necessary, witness statements from the attending doctors.
Keep in mind that future medical expenses are also included in a personal injury claim. If the victim needs ongoing care, they will receive compensation for this.
Lost Wages
Injuries often require recovery time, preventing the victim from going about their life as normal. They may have to take unpaid leave, which a personal injury claim could cover. Future lost income or the loss of earning capacity could also affect the settlement amount.
Property Damage
If a pedestrian had electronic devices or other property on them at the time of the accident, they may also be eligible for compensation.
Other Out-of-pocket Expenses
The cost of traveling to and from doctor's appointments, changes to a home to accommodate a disability, and other related expenses may also be added to the claim.
Non-economic Damages
Unlike economic damages, non-economic losses are a lot harder to prove. They are essentially compensation for the emotional, mental, and physical effects of a car crash. The following may be included in a pedestrian accident claim:
Pain and suffering. This is intended to compensate the victim for the physical pain that they had to endure because of the incident.
Emotional distress. The effects of being hit by a car often extend beyond just pain. If the accident caused psychological trauma, such as anxiety, depression, and PTSD, the victim can pursue compensation for this.
Loss of enjoyment of life. Sometimes, an injury can prevent a person from doing certain activities, such as engaging in their hobbies or attending social events. An injured pedestrian can add this to their personal injury claim.
Punitive Damages
In some cases, punitive damages may apply. When the at-fault party was particularly reckless, the court may add a financial penalty to the victim's settlement. The goal is to punish the defendant for their egregious actions.
Keep in mind that this is not available for all personal injury cases, and it is up to the court to decide who receives punitive damages and who does not.
How Pedestrian Accident Settlements Are Calculated in Iowa
Pedestrian accident settlements in Iowa are calculated by adding the economic and non-economic damages that pertain to the case. Because no two accidents are the same, settlement amounts can vary greatly depending on a number of factors, which we will cover in the next section.
Step 1: Calculate Economic Damages
A personal injury lawyer will usually calculate the amount of compensation their client deserves. They will typically start by looking at their economic damages, which are easy to determine. The attorney will tally the medical expenses, lost wages, rehabilitation costs, property damage, and more to arrive at an amount.
Step 2: Add Non-economic Damages
Then, it's time to determine the amount of non-economic damages to add to the claim. The truth is that these losses are more subjective, and there are several different methods used to calculate a suitable amount.
In most cases, the multiplier method is used, where the sum of the economic damages is multiplied by a certain number, usually between 1.5 and 5. The more severe the injury and/or resulting physical and psychological effects on the individual, the higher the multiplier will be.
Suppose Susan is involved in a pedestrian accident, for example. Her medical bills and lost wages amount to $20,000, and she ends up with severe PTSD because of the car crash. In that case, a multiplier of 3.5 may be used, which means that she should receive around $70,000 for her injuries.
Step 3: Subtract the Percentage Fault
Pedestrians can still file a legal claim if they were partially responsible for the accident, according to Iowa's modified comparative negligence laws.
However, the catch is that their settlement amount will be reduced by the percentage fault they are assigned. The next step in the process then is subtracting this amount to arrive at a final settlement figure.
So, if Susan, in the example above, bore 10% of the blame, she would only be eligible for $63,000.
Factors That Could Affect the Value of a Personal Injury Claim
As mentioned already, there are several factors that could influence the amount a pedestrian accident victim is eligible for.
Insurance Coverage Limitations
The amount of insurance coverage the at-fault party has also affects the amount a person can receive for their injuries.
Iowa law requires that all motorists have a minimum liability coverage of $20,000 for bodily injury or death of one person per accident, $40,000 for bodily injury or death of two or more people per incident, and $15,000 for property damage per accident.
If the victim's injuries are significant, their damages may exceed the amount of available coverage. In that case, all hope is not lost. A personal injury claim can be filed to secure any additional amount if the insurance company does not cover it.
Injuries and Medical Expenses
Because a personal injury case centers around an injury, the nature and severity of the victim's suffering and treatment significantly impact the final settlement amount. That's because a more severe issue, such as a traumatic brain injury, will likely require lengthy hospital stays, costly surgical procedures, and even ongoing rehabilitation.
A soft tissue injury, on the other hand, isn't usually as serious, and the resultant medical expenses will be relatively low in comparison.
Liability and Fault
As discussed already, liability also plays an important role in determining the amount a victim receives. Iowa is a modified comparative fault state, which means that pedestrians can still file a legal claim for damages if they were partly responsible for the accident.
If a man crossed the road when it was not safe to do so, for example, and he was hit by a driver who was speeding, he could still pursue compensatory damages.
However, the law states that injured parties may only do so if their percentage fault is below 51%. Additionally, the settlement amount they are awarded will be reduced by that amount. So, if the man in the example above secured a $100,000 settlement, but he was found to bear 20% of the blame, he would only walk away with $80,000.
Lost Wages
When a person misses shifts or is unable to work because of an injury, they have to take time off. The more recovery time they require, the higher the economic losses they face. If a person becomes permanently disabled, they will be entitled to "lost earning capacity" damages.
Property Damage
In most cases, property damages do not play a major role in pedestrian accident claims. That's because the victim is often traveling on foot. However, if they had valuable devices or items on their person that were destroyed in the accident, this could increase the amount they are rightfully due.
Evidence
While a person may have suffered many losses because they were hit by a car, their ability to prove that they are rightfully due a certain amount is critical. If a person's medical bills are seemingly high, for example, but they are unable to produce them, the chances are that their settlement amount will be reduced.
When undeniable evidence is presented, the opposing party will have no other choice but to settle for a higher amount.
Witness statements, medical records, surveillance footage, photos taken at the accident scene, and more can all be presented to strengthen a case.
Punitive Damages
If the defendant's actions were particularly egregious, the court may award the victim punitive damages. This will increase the amount of compensation they receive.
To find out whether they may be eligible for this kind of compensation, claimants should talk to their personal injury lawyers.
Legal Representation
The kind of legal representation one has also influences the outcome of their case. It's important to note that not all lawyers are the same, so in order to increase the chances of a positive outcome, claimants must work with an experienced personal injury attorney.
A good Des Moines pedestrian accident lawyer will negotiate a fair settlement, providing critical evidence to back up their client's claim. They will also ensure that the case is taken to court if need be to get the amount the claimant rightfully deserves.
When a Pedestrian Accident Ends in Death
Sadly, not all pedestrians make it out of a car crash alive. When a family loses their loved one in an accident that was caused by someone else's negligence, they have a legal right to pursue compensation.
While this might seem like a selfish thing to do, it is actually one of the last things a family member can do for the deceased. By holding the at-fault party liable for their actions, they can also prevent the same motorist from driving recklessly in the future.
Wrongful death cases allow families to obtain compensation for their loved one's medical bills, funeral costs, lost income, and more.
The Importance of Contacting an Experienced Personal Injury Attorney
While it is possible for victims to get a rough idea of what they can expect themselves, it is important that they get in touch with a seasoned legal expert for a more accurate estimation of their claim.
That's because determining what a fair settlement amount looks like is seldom straightforward, involving comprehensive knowledge of the applicable laws. Moreover, many do not know how to add future medical bills and lost wages to their settlement amount and cannot accurately guess what multiplier would be best in their unique case.
An experienced lawyer knows how to navigate the law and ensure that the at-fault driver pays the victim the amount they are rightly due. They can also advise on how slip and fall settlements are calculated in Iowa.
Tom Fowler Law Can Help Claimants Determine the Value of Their Claim
Pedestrian accidents often have serious consequences. Filing a legal claim for damages not only ensures that the individual can receive the medical care they need, but it also holds the negligent motorist liable for their actions.
Tom Fowler Law has been fighting for pedestrians for many years and has a long track record of success. Those who want to know the value of their claims and get reliable, world-class legal representation can contact us at (515) 203-8434 for a FREE consultation.
Frequently Asked Questions
1. What should a victim do after being hit by a car?
The first step should always be to contact law enforcement, which will ensure that all injured parties receive medical attention. They also create a police record, which can provide vital evidence in a car accident case.
Victims are also advised to seek immediate medical care, even if their injuries seem minor. Sometimes, the effects of a car crash are not felt until hours later.
If possible, pedestrians should try to collect as much evidence at the accident scene as possible. This includes taking photographs and collecting witness contact details. They should also contact a reputable personal injury lawyer for advice on the best way forward.
2. How long do claimants have to take legal action against a negligent motorist in Iowa?
The statute of limitations stipulates that victims have two years from the date of the accident to file a personal injury claim. However, it is advisable for injured parties to get in touch with their lawyers as soon as possible to begin the legal process.
Failure to file a personal injury claim within this timeframe will disqualify the plaintiff from taking legal action against the defendant. However, some exceptions do exist.
3. What is a car accident settlement?
A car accident settlement is essentially a financial agreement that an injured party makes with an at-fault driver following an incident. It is designed to ensure that the victim receives compensation for their injuries and is typically negotiated out of court to save time and legal costs.
In exchange for a specified sum of money, the claimant agrees not to pursue additional money from the defendant.
4. What happens if the at-fault driver flees the accident scene?
It may still be possible to track them down by talking to witnesses or looking at surveillance footage in such cases. Injured pedestrians should contact a reliable attorney who can conduct an in-depth investigation of the accident to find the driver. Moreover, if they have auto insurance, they may also be able to obtain compensation for their injuries.
5. If the pedestrian was jaywalking, can they still file a claim for damages?
Iowa follows a modified comparative negligence rule, which states that personal injury victims can still file a legal claim for damages if they were partially responsible for the accident. Jaywalking, which is crossing the road unlawfully, is also covered by this law.
However, it is important to note that the victim's fault should not exceed 51% in order for them to be eligible for compensation. The settlement amount that they are awarded will also be reduced by their percentage fault.
6. Besides motorists, could other parties be held liable for a pedestrian's injuries?
Absolutely. Sometimes, poor road conditions, malfunctioning traffic lights, or badly designed crosswalks can cause a pedestrian accident. In that case, the government entity responsible for those elements can be held liable for the resultant damages.
Contractors working on a roadway may also be held liable for a pedestrian accident if they failed to display appropriate signage or if their actions caused other kinds of dangerous conditions, resulting in a pedestrian being injured.
In rare cases, multiple parties may be at fault. To determine who should be held liable, victims should consult a reputable attorney.
7. How much does it cost to hire a personal injury attorney for a pedestrian accident case?
The truth is that a car accident can plunge a victim into financial turmoil, and, in many cases, personal injury victims are unable to afford legal representation. Fortunately, pedestrian accident lawyers work on a contingency fee basis.
This simply means that they are not paid until their client receives their settlement. There are no upfront fees, and if the attorney isn't able to secure a settlement, they are not paid. This is great for a number of reasons. This can also be helpful in explaining how bicycle accident settlements are calculated in Iowa.
Firstly, it doesn't add to the victim's existing financial burden. It also motivates the attorney to win the case because they will not be paid unless their client is.
8. How long does it take to settle a pedestrian accident in Iowa?
This will vary depending on the specifics of the case. However, most cases are settled in 6 to 12 months. If severe injuries are involved, it could take a lot longer. Claimants should discuss the expected timeframe with their lawyers at the outset and prepare for delays.
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