Being hit by a car while in a crosswalk is a traumatic experience, often resulting in significant injuries and substantial financial burdens. Navigating the legal process afterward can be daunting, particularly when it comes to settlements. This article explores the complexities of pedestrian accident settlements, focusing on the factors that influence the final amount awarded.
What Factors Determine the Settlement Amount After a Pedestrian Accident?
Several key factors influence the settlement amount in a pedestrian accident case where a car hits a pedestrian in a crosswalk. These include:
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Severity of Injuries: This is arguably the most significant factor. Catastrophic injuries like traumatic brain injuries (TBIs), spinal cord damage, broken bones, and amputations often lead to significantly higher settlements than minor injuries such as bruises and sprains. Medical records, doctor's reports, and future care estimations all play a crucial role here.
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Liability: Clearly establishing liability is paramount. If the driver is demonstrably at fault (e.g., running a red light, speeding, distracted driving), a stronger case for a higher settlement exists. Conversely, if the pedestrian bears some degree of responsibility (though this is less common in crosswalk accidents), the settlement amount might be reduced or even denied. Police reports, witness testimonies, and dashcam footage are all vital pieces of evidence.
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Lost Wages: The settlement will account for lost income due to the inability to work resulting from the accident. This includes past lost wages (from the time of the accident to the settlement) and future lost wages (if the injuries prevent the pedestrian from returning to their previous job or require a career change). Pay stubs, tax returns, and employment records are necessary to document this loss.
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Medical Expenses: All medical bills, including those incurred up to the settlement and projected future medical expenses, are included. This can encompass hospital stays, surgeries, physical therapy, medications, and any ongoing specialized care. Detailed medical bills and prognosis reports are essential.
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Pain and Suffering: This element of the settlement compensates for the physical and emotional distress caused by the accident. This is often a significant portion of the settlement and is subjective, but it considers the severity and duration of pain, emotional trauma, and the overall impact on the victim's quality of life.
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Insurance Coverage: The amount of insurance coverage the at-fault driver carries heavily influences the maximum potential settlement. This includes both bodily injury liability coverage and any uninsured/underinsured motorist coverage the pedestrian may have.
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Legal Representation: Having a skilled personal injury attorney significantly increases the likelihood of a favorable settlement. An attorney can negotiate with insurance companies, gather evidence, and build a strong case to maximize the compensation received.
What is the Average Settlement for a Pedestrian Accident?
There's no single "average" settlement amount for pedestrian accidents. Settlements vary dramatically depending on the factors listed above. Minor injuries might result in settlements in the thousands of dollars, while severe injuries leading to permanent disability could result in settlements ranging from hundreds of thousands to millions of dollars.
How Long Does it Take to Settle a Pedestrian Accident Case?
The time it takes to settle a pedestrian accident case can range from a few months to several years. Simple cases with clear liability and minor injuries may settle quickly, while complex cases involving serious injuries, multiple parties, or contested liability can take considerably longer.
Can I Settle My Pedestrian Accident Case Without a Lawyer?
While technically possible, settling a pedestrian accident case without an attorney is generally not recommended. Insurance companies are skilled negotiators, and they often attempt to minimize payouts. A knowledgeable attorney can protect your rights, negotiate a fair settlement, and handle all the legal complexities involved.
What if the Driver is Uninsured?
If the at-fault driver is uninsured or underinsured, the pedestrian's own uninsured/underinsured motorist (UM/UIM) coverage may provide compensation. It’s crucial to review your own insurance policy to understand your coverage options.
This information is for general knowledge and informational purposes only, and does not constitute legal advice. If you have been involved in a pedestrian accident, consult with a qualified personal injury attorney to discuss your specific situation and legal options.
