Average Settlement for a Pedestrian Hit by a Car

When a pedestrian is hit by a car, the process of seeking compensation can feel overwhelming. Below is what you need to know about pedestrian-car accident settlements, from compensation averages to the legal hurdles you might face.

How Much is the Average Payout for a Pedestrian Hit By a Car Settlement?

How much compensation you get for a pedestrian hit by a car settlement in Florida varies based on the unique circumstances of each situation and the severity of your injuries. Based on our own settlement data on this page, the average settlement for a pedestrian hit by a car is between $250,000 to around $1,000,000.

$300,000 Settlement for a Pedestrian Hit by a Car

Our client was walking his dog in Pinellas County, when he approached a crosswalk to walk toward the beach. Our client pressed the button to activate the rapid flashing beacons, to warn approaching vehicles. When the beacons activated, our client entered the crosswalk and began to walk across the street. Unfortunately, the defendant driver, who was clearly distracted, failed to see the flashing beacons and the pedestrian crossing sign, and struck our client going approximately 30 miles per hour.

As a result of the impact, our client rolled up on the hood of the defendant’s vehicle and was jettisoned into the other lane of traffic. Fortunately, the vehicles in the other lane had properly stopped. Our client was knocked unconscious and did not regain consciousness until he was seen in the emergency room.

At the emergency room, our client received emergent care to treat his dislocated left shoulder, broken left collarbone, fractured ribs, multiple lacerations and a concussion. Following his discharge from the hospital, our client was referred to an orthopedic surgeon, who diagnosed our client with a left shoulder rotator cuff tear. The orthopedic surgeon prescribed our client with a regiment of physical therapy, aimed at restoring the range of motion in the left shoulder. Due to his dedication to the therapy, our client was able to regain full use of his left shoulder without the need for surgery.

After the conclusion of the medical treatment, we sent a demand for settlement to the defendant’s insurance company and to our client’s underinsured motorist insurance carrier. The plaintiff’s insurance refused to give our client a fair settlement offer, but through continuous negotiations, we were able to convince them to pay significantly more. In the end, we were able to obtain a combined $300,000 settlement for our client.

$250,000 Pedestrian Hit by a Car Settlement 

Our client, a pedestrian, was walking across U.S. I9 in Citrus County, FL at around midnight. At that time, a driver, who was headed southbound on U.S. 19, negligently operated his or her vehicle so that it collided with our client. The vehicle then continued down the road without stopping, rendering aid, or notifying law enforcement of the accident. Unfortunately, the hit-and-run driver could not be identified.

Our client suffered significant injuries including a serious broken arm, a concussion and acute respiratory failure. He required extensive surgery to his arm as a direct result of the accident.

Although the hit-and-run driver could not be identified, our client was not without recourse since he had purchased uninsured motorist insurance to protect him from uninsured as well as hit-and-run drivers. Through aggressive negotiation, we were ultimately able to convince our client’s insurance company to pay $250,000.00, the limit of our client’s insurance coverage. Our client was very happy with the outcome and with our representation.

$~1,000,000 Settlement for a Pedestrian Hit by a Car

In this tragic case, we represented a 12-year-old boy who was struck by a van being operated by the defendant. As the defendant was turning left, he failed to notice our pedestrian minor client who was crossing the street at the time. A witness to the accident also stated that the defendant driver ran the stop sign as he was turning left and collided with our minor client.

Our client suffered a severe injury to his right leg, consisting of a huge laceration above his knee. This injury required surgery to debride and close the wound. In addition, he sustained a fracture to his right index finger, which also required surgery to repair. Our minor client’s leg injury left a large permanent scar which is clearly visible. Also, the significant amount of scar tissue present caused him reduced range of motion in his leg.

We presented the defendant’s insurance company with a comprehensive demand package detailing the devastating physical and psychological impacts of the tragic accident. We also made a compelling case for why the defendant driver was completely at fault by citing laws he violated and duties he breached. Ultimately, we convinced the insurance company that it was in their best interest to recognize its liability and agree to compensate our client by paying the remainder of its policy limit of just under $1,000,000.00.

What Influences the Average Settlement for a Pedestrian Hit by a Car?

Several factors influence the average payout for a pedestrian hit by a car in a settlement. These factors can include injury severity, vehicle negligence, accident type, and the role of safety, law, and insurance in the process.

• Severity of Injuries
  Serious, severe, or fatal injuries, such as a torn leg, traumatic brain injury, or even an emotional injury, significantly affect the settlement. A pedestrian injured by a vehicle typically suffers physical damages that require extensive medical treatment. For example, a child’s severe leg injury resulted in a legal settlement of approximately $1 million, while less severe, minor, or temporary injuries, such as bruises or scratches, often lead to a payout below $100,000. The injury severity is a key factor in determining the compensation and whether it requires a lawsuit to secure a fair settlement.
• Insurance Coverage
  The at-fault driver’s insurance coverage plays a critical role in the settlement. If the damages and injuries caused by the car’s impact exceed the driver’s coverage limit, the pedestrian’s own insurance policy, including underinsured motorist coverage, might cover the remaining damages. The insurance claim process can often be complicated, with varying settlement amounts depending on the policy, accident type, and compensation for pain and suffering. Insurance companies may also negotiate with the pedestrian to settle the case efficiently. The amount a pedestrian can receive from an underinsured motorist claim will depend on the terms of their specific policy and the extent of the damages involved.
• Shared Fault
  States with modified comparative negligence laws, such as Florida, may bar recovery if the pedestrian is more than 50% at fault. Factors like reckless behavior, jaywalking, crossing against a “Don’t Walk” signal, or failing to navigate a crosswalk safely can significantly influence the settlement amount. In some cases, a pedestrian-friendly law may be applied to reduce the liability of the pedestrian. Negligence in navigating the road, failing to stop at the designated crosswalk, or unsafe road conditions could reduce the settlement payout based on shared fault.
• Unique Circumstances
  In rare cases, third parties, such as the local government responsible for unsafe road conditions or the manufacturer of defective vehicle equipment, may be held liable for the pedestrian’s injuries. A pedestrian may be eligible for additional compensation from these third parties if it’s found that the accident could have been avoided with better traffic management or vehicle safety features. A defective vehicle that failed to brake, for instance, may change the course of a lawsuit and result in a higher payout.

Understanding the role of these factors in influencing pedestrian accident settlements, including liability, insurance claims, damages, and fault, helps clarify the settlement process. Whether the case involves a fatal, serious injury or a minor, temporary injury, every aspect of the accident, from the severity of the injury to the legal process involved, affects the outcome. Ensuring that the vehicle driver or responsible parties are held accountable, and that the pedestrian receives fair compensation for pain, suffering, and medical expenses, is crucial for both the pedestrian and their family members.

What Happens When Compensation for a Pedestrian Hit by a Car Exceeds Insurance Policy Limits?

In situations where the medical bills and other damages exceed the at-fault driver’s insurance policy limits, the pedestrian may be able to use their own insurance coverage to help cover the difference. Here’s how this process works:

• Uninsured/Underinsured Motorist Coverage: If the pedestrian has uninsured or underinsured motorist coverage, it can be used to supplement the at-fault driver’s insurance. For example, if the at-fault driver’s insurance provides $50,000 in coverage, but the total damages amount to $100,000, the pedestrian’s own insurance could cover the remaining $50,000.
• Suing the At-Fault Driver: Although suing the at-fault driver is an option, it is often not a practical solution, as many individuals lack the financial resources to pay large settlements out of pocket. This can make pursuing a lawsuit against the driver less viable in many cases.

Legal Challenges in Pedestrian Hit by Car Settlements

The process of resolving a settlement for a pedestrian hit by a car involves a thorough understanding of fault and liability:

• Comparative Negligence: In some states, such as Florida, the concept of comparative negligence plays a significant role in determining a pedestrian’s eligibility for compensation. If the pedestrian is found to be more than 50% at fault for the accident—such as crossing against a signal—they may be completely barred from recovering any damages.
• Examples of Fault: For instance, in a recent case, a pedestrian who ignored a “Don’t Walk” sign and was struck by a vehicle was found to be at fault for the incident. In such cases, where the pedestrian holds significant responsibility for the accident, recovery is unlikely, as their actions could be seen as the primary cause of the crash.

The Misconception About “Easy Money”

It’s a common belief that being hit by a car guarantees a big payout, but that’s far from the truth. Liability must be proven, and negligence isn’t always clear-cut. In some instances, pedestrians may bear a portion of the blame, which can reduce or eliminate their compensation.  Additionally, factors such as insurance policy limits and severity of injury can play a significant role in determining appropriate compensation.

What You Should Do If You’re Hit by a Car

• Seek Immediate Medical Attention: Document all injuries and treatments.
• Contact an Attorney: An experienced pedestrian accident lawyer can help identify all possible sources of compensation, including third parties.
• Understand Your Insurance Coverage: If you own a car, your uninsured/underinsured motorist policy could make a significant difference in your case.

Contact Us for Help with Pedestrian Hit by a Car Settlements

Every pedestrian accident case is unique, with outcomes varying widely based on injuries, insurance, and fault. While some settlements can reach significant amounts, others may face substantial hurdles. The key to navigating these cases successfully is understanding your rights and consulting with an experienced pedestrian accident lawyer near you.

Remember, being informed and prepared can make all the difference in the aftermath of such a traumatic event. If you have questions about your situation, don’t hesitate to contact us today to seek professional guidance. Understanding factors like a radiofrequency ablation settlement value can also help you gauge potential compensation for your injuries.