Being hit by a car as a pedestrian is a traumatic and life-altering experience that no one should have to go through. Unfortunately, pedestrian accidents are all too common in San Bernardino and Riverside Counties, often resulting in serious injuries, steep medical bills, lost wages, and immense pain and suffering. If you or a loved one has been the victim of a pedestrian accident, it’s crucial to understand your rights and the potential compensation you may be entitled to. In this blog post, we’ll explore the average settlement amount for pedestrian accident cases and provide valuable insights to help you navigate this challenging time.
Several key factors can impact the average payout for a pedestrian hit by car. These include:
1. Severity of Injuries: The more severe and long-lasting the injuries, the higher the potential settlement amount for pedestrian accidents. Catastrophic and severe injuries, like traumatic brain injuries, spinal cord damage, and permanent disabilities often result in larger pedestrian accident settlements compared to minor injuries.
2. Medical Expenses: The cost of medical treatment, including emergency care, surgeries, hospitalizations, and ongoing therapy, plays a significant role in determining the settlement amount. It’s crucial to keep detailed records of all accident-related medical bills.
3. Lost Wages and Future Earning Capacity: Pedestrian accident injuries often lead to time away from work and, in some cases, a diminished future earning capacity. The settlement should account for both current lost wages and the long-term impact on the victim’s ability to earn a living.
4. Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, can significantly influence the settlement amount. While harder to quantify, these damages are essential to fair compensation.
California follows a comparative negligence rule, which means that the settlement amount can be reduced if the injured pedestrian is found to be partially at fault for the accident. For example, if a pedestrian was crossing the street outside of a designated crosswalk when they were hit, they may be deemed partially responsible. The percentage of fault assigned to the pedestrian will proportionally reduce the settlement they receive. However, even if you were partially at fault, you may still be entitled to compensation for your injuries.
The average pedestrian accident settlement varies widely depending on the specific circumstances of each case. Generally, settlements for pedestrian injuries can range from a few thousand dollars for minor injuries to millions of dollars for major injuries or fatal accidents.
According to recent data, the average pedestrian accident settlement falls between $15,000 and $75,000. However, this is just a general range, and many factors can push the settlement higher or lower. For serious spinal cord injuries for example, a settlement for a pedestrian accident victim suffering a spinal cord injury that results in paralysis could easily exceed $1 million, while a pedestrian accident case settlement for a pedestrian with minor injuries like cuts and bruises may be closer to $15,000.
In addition to the severity of injuries, medical expenses, lost wages, and pain and suffering, other factors can influence the final settlement amount:
1. Insurance Coverage: The at-fault driver’s insurance policy limits can impact the settlement, as the insurance company is only obligated to pay up to the policy limit. If the damages exceed the policy limit, the victim may need to pursue additional compensation through a personal injury lawsuit.
2. Strength of Evidence: The strength of the evidence supporting the pedestrian’s injury claim can significantly impact the settlement. Strong evidence, such as clear liability, video footage of the accident, and witness testimony, can lead to higher settlements.
3. Litigation: If the case goes to trial, the settlement amount may be determined by a jury verdict. However, most pedestrian accident cases settle before reaching the trial stage.
It’s important to remember that every pedestrian accident case is unique, and the best way to get an accurate estimate of your potential settlement is to consult with an experienced pedestrian accident lawyer who can evaluate the specific details of your case.
To protect your rights and maximize your potential settlement, take the following steps after a pedestrian accident:
1. Seek Medical Attention: Prioritize your health and well-being by seeking medical treatment immediately after the accident, even if you don’t think your injuries are severe. This ensures your safety and creates a record of your injuries, which is essential for your insurance claim.
2. Gather Evidence: Collect evidence at the scene, including photos of your injuries, the vehicle involved in car accident, and the surrounding area. Get the contact and insurance information of the driver and any witnesses.
3. Report the Accident: Call the police to report the accident and obtain a copy of the police report. This official record of the auto accident can be valuable evidence in your personal injury claim.
4. Contact an Attorney: Consult with an experienced pedestrian accident lawyer who can guide you through the legal process, help you understand your rights, and fight for the maximum compensation you deserve.
After a pedestrian accident, you’ll likely need to deal with the at-fault driver’s insurance company. Here are some tips to keep in mind:
1. Be Cautious with Recorded Statements: The insurance company may ask you to give a recorded statement about the accident. Be careful what you say, as your words could be used against you. It’s best to consult with an attorney before providing any statements.
2. Don’t Accept the First Offer: Insurance companies often try to settle claims quickly and for as little as possible. The first settlement offer is rarely the best offer. Don’t feel pressured to accept an offer that doesn’t fully compensate you for your injuries and losses.
3. Negotiate with the Help of an Attorney: An experienced pedestrian accident attorney can handle negotiations with the insurance company on your behalf, fighting for a fair settlement that takes into account all of your damages, including medical expenses, lost wages, and pain and suffering.
Navigating the complexities of a pedestrian accident claim can be overwhelming, especially when you’re dealing with painful injuries and mounting expenses. Hiring a skilled pedestrian accident attorney offers numerous benefits:
1. Knowledge of the Law: A personal injury lawyer has a deep understanding of the laws and regulations surrounding these cases. They can help you understand your rights and the legal process.
2. Investigation and Evidence Gathering: Attorneys can thoroughly investigate your case, gather critical evidence, and consult with experts to build a strong claim on your behalf.
3. Negotiation Skills: Experienced attorneys are skilled negotiators who can effectively communicate with insurance companies and fight for the maximum compensation you deserve.
4. Litigation Experience: If your case goes to trial, having an attorney with litigation experience can be invaluable in presenting your case to a judge and jury.
5. Peace of Mind: Hiring an attorney allows you to focus on your recovery while they handle the legal aspects of your claim, providing peace of mind during a challenging time.
At the Law Offices of Edgar Lombera, our experienced personal injury attorneys are dedicated to fighting for the rights of pedestrian accident victims throughout San Bernardino and Riverside Counties. We understand the physical, emotional, and financial toll these accidents can take, and we’re here to help you every step of the way.
Our legal team has a proven track record of success in handling complex pedestrian accident cases. We’ll thoroughly investigate your case, gather evidence, consult with experts, and negotiate with insurance companies on your behalf. Our goal is to help you obtain the maximum compensation you deserve for your injuries, lost wages, medical expenses, and property damage and pain and suffering.
We work on a contingency fee basis, which means you don’t pay any upfront costs or attorney fees unless we recover compensation for you. This allows you to focus on your recovery while we handle the legal heavy lifting.
If you or someone you love has been hit by a car as a pedestrian in San Bernardino or Riverside Counties, don’t wait to seek legal help. Contact the Law Offices of Edgar Lombera today for a free, no-obligation consultation. Call us at 909-915-0181 or 760-835-9353.
Remember, the sooner you act, the better your chances of your personal injury attorney obtaining the compensation you deserve. California has strict time limits for filing personal injury claims, so don’t delay. Let our skilled pedestrian accident attorney fight for your rights and help you get back on your feet.
A: If you’re hit by a car, seek medical attention immediately, even if you don’t think your injuries are serious. Call the police to report the accident and obtain a copy of the police report. Gather evidence at the scene, including photos and witness contact information. Contact an experienced pedestrian accident attorney to discuss your legal options.
A: In California, the statute of limitations for most personal injury claims, including pedestrian accidents, is two years from the date of the accident. However, there are some exceptions, such as claims against government entities, which have shorter time limits. It’s best to consult with an attorney as soon as possible to ensure your personal injury claim is filed within the appropriate timeframe.
A: If the driver who hit you is uninsured or underinsured, you may still be able to recover compensation through your own uninsured/underinsured motorist coverage. This is optional coverage that you can add to your own auto insurance policy. If you don’t have this coverage, you may need to file a personal injury lawsuit against the driver directly. An experienced pedestrian accident attorney can help you explore all potential avenues for recovery.
If the personal injury case involves a traumatic brain injury, an experienced personal injury lawyer can get a much higher personal injury settlement because the injured pedestrian has much more severe injuries.
Yes, you may still get paid for your pedestrian accident case in California even if the driver only has uninsured motorist coverage. Your own uninsured motorist coverage should protect you in the following scenarios:
The driver has no insurance at all.
The driver leaves the scene of the accident (hit-and-run).
If the driver’s insurance isn’t enough to cover your damages, your uninsured motorist coverage can help with the remaining expenses. It’s advisable to have your own uninsured motorist coverage coverage even as a pedestrian.
HIT AND RUN
WRONGFUL DEATH
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