What is The Average Cost of Pedestrian Accident Settlements?
A pedestrian faces a significant risk of having an accident due to lack of protection compared to vehicles, and when that happens, its significant victims seek fair settlements.
California is particularly notable for its high pedestrian fatality rates. In the first half of 2023 alone, the state reported 498 pedestrian deaths. The previous year, in 2022, California recorded 564 pedestrian fatalities, reflecting a persistent and concerning trend.
These statistics underscore the urgent need for enhanced safety measures and awareness campaigns to protect pedestrians on California’s roads.
The Average Cost of Pedestrian Accident Settlements
The average settlement amount for pedestrian accident cases in 2024 varies significantly depending on several factors.
For instance, cases involving minor injuries typically settle for amounts ranging from $10,000 to $75,000. In contrast, accidents resulting in serious injuries may lead to settlements ranging from $100,000 to $1,000,000 or more.
The Factors Affecting Pedestrian Accident Compensation
The following factors affect the compensation of pedestrians involved in road accidents.
Severity of Injuries
The severity of injuries significantly influences pedestrian accident compensation due to medical expenses, emotional trauma, and long-term effects, reflecting economic losses.
Pedestrians with minor injuries typically receive smaller settlements. For instance, treatment for bruises involves the RICE method (rest, ice, compression, elevation), whereas small fractures may require splints or casts, with costs not exceeding thousands of dollars.
Conversely, severe injuries like traumatic brain injuries (TBIs) entail extensive medical procedures, such as surgery to remove clots or repair fractures, costing up to $100,000 or more. Spinal cord injuries also necessitate costly rehabilitation and long-term care.
Impact on Quality of Life
Severe injuries can lead to permanent disabilities affecting mobility and independence, requiring lifelong medical care and increasing compensation amounts. Emotional distress, including depression and PTSD, can further diminish their quality of life, justifying higher settlements.
Degree of Negligence
In California, the plaintiff’s degree of negligence under the pure comparative negligence rule directly affects their settlement. Even if deemed partially at fault, plaintiffs can still claim damages proportional to their negligence percentage.
Quality of Legal Representation
Pedestrian accident attorneys play a crucial role in securing fair compensation by evaluating cases, gathering evidence, negotiating settlements, and representing clients in court. Skilled attorneys can effectively argue for higher compensation by demonstrating the full impact of injuries, whereas inadequate representation may result in lower settlements.
Damages in Pedestrian Accident Compensation Claims
Pedestrians in a road accident case may receive the following damages.
Medical Expenses
In a pedestrian accident settlement, medical expenses typically include the following:
- Emergency medical care
- Hospitalization charges
- Diagnostic tests
- Doctor’s fees
- Surgery costs
- Physical therapy
- Medications
- Long-term care
Present medical bills, receipts, and health insurance statements for proper reimbursement during the settlement process. An attorney can also help organize these pieces of evidence for proper documentation.
Lost Earnings
Injured pedestrians may also receive the following under lost earnings:
- Wages
- Bonuses
- Commissions
- Future earning capacity
You can substantiate lost earnings by presenting pay stubs, income tax returns, employment certification, and benefits documentation. The other party or insurance company may request business records if you are self-employed.
Pain and Suffering
Injured pedestrians may experience physical pain and emotional distress in addition to physical pain. Hence, plaintiffs can recover damages for pain and suffering, which refers to the emotional trauma caused by the accident. It also includes loss of enjoyment of life, wherein the pedestrian can no longer participate in activities they once enjoyed.
Pain and suffering may be challenging to quantify, but lawyers can gather evidence to prove it. They can present journal entries, witness statements, medical records, and testimonies from mental health professionals.
Connect with Experienced Pedestrian Accident Attorneys in California
If you’ve been injured in a pedestrian accident, a skilled lawyer can negotiate on your behalf to ensure you receive the compensation you deserve.
At Adamson Ahdoot, our expert personal injury attorneys in California are ready to handle your case with personalized care. We provide consultations in both English and Spanish to assist pedestrians who have been harmed due to drivers’ negligence.
Our civil litigation law firm has a combined 100 years of legal experience, which can benefit your claim. Contact us at (800) 310-1606 or visit our website for a free consultation.
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Our team can better advise you on your legal options once we receive any available evidence about the incident.
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