There’s a misconception that pedestrians involved in car accidents have limited options for compensation or that their ability to recover damages depends entirely on the driver being at fault.
The truth is, pedestrians have strong legal rights and can often get paid significant damages after being struck by a vehicle – regardless of who was technically “responsible.”
The amount a pedestrian can get paid depends on the facts of the case, the severity of injuries, and skilled legal representation. With the right attorney, injury victims can pursue maximum compensation from all insurance sources – not just the driver’s policy.
Precise “average” settlement statistics are difficult to calculate since many pedestrian accident settlements are confidential.
Rather than looking at broad averages, it’s best to have your specific pedestrian accident case evaluated by an experienced pedestrian accident lawyer. An attorney can assess the unique details like your injuries, long-term prognosis, degree of fault, and jurisdiction norms to estimate your reasonable settlement range.
Every personal injury case is unique. While no amount of money can undo the trauma of being struck by a vehicle as a vulnerable pedestrian, obtaining a fair settlement or award is crucial to cover your ongoing medical costs, lost income, and other damages. By working with the right pedestrian accident lawyer, you maximize your chances of recovering sufficient compensation to rebuild your life.
While there is no simple answer or fixed “average settlement amount” for pedestrian accident cases, understanding some key factors can give you a better idea of the potential pedestrian accident settlement or payout you may be entitled to.
One of the biggest determinants of a pedestrian accident settlement amount is the severity of the injuries sustained. Serious injuries like severe traumatic brain injuries, spinal cord injuries, broken bones, internal injuries, and permanent disability or disfigurement will generally result in higher settlement values versus non-permanent soft tissue injuries such as a cervical strain or “whiplash.”
Pedestrians are incredibly vulnerable when struck by a multi-ton vehicle. Some of the most catastrophic and life-altering injuries seen in pedestrian accident cases include:
The more severe and debilitating the injuries, the higher the potential settlement payout to cover ongoing medical care, lost earnings, physical therapy, in-home assistance, and other damages.
Pedestrian accident injuries virtually always require emergency medical treatment, hospitalization, surgery, rehabilitation, medications, and follow-up care. These medical bills can easily climb into the hundreds of thousands or even millions of dollars for catastrophic injuries requiring lifetime care.
A fair pedestrian accident settlement needs to fully compensate the victim not just for current medical costs already incurred but project out future estimated medical expenses as well. An experienced pedestrian accident lawyer knows how to accurately calculate and claim these costs.
When serious injuries temporarily or permanently prevent a pedestrian accident victim from returning to work, they lose that stream of income in addition to their medical costs piling up. As part of a personal injury claim or pedestrian accident lawsuit, the plaintiff is entitled to recover compensation for all lost wages from the time of injury up until an expected point at which they can return to work (if possible).
For injuries causing permanent disability, there are also damages available for the loss of future earnings and earning capacity over one’s lifetime. An individual earning $50,000 per year who is permanently disabled at age 35 may have $1.5 million or more in potential lifetime lost income to claim.
In addition to economic damages like medical bills and lost wages, pedestrian accident victims can also claim non-economic damages for their physical and emotional pain and suffering. This covers things like:
There is no fixed formula for calculating pain and suffering damages, which are subjective and based on the specific impacts on the victim’s daily life. However, these non-economic damages often comprise a significant portion of a pedestrian accident settlement or award.
It’s also critical to understand that the insurance companies are not on your side—they are focused on minimizing payouts to protect their profits. An attorney acts as your advocate to negotiate the maximum deserved settlement amount while also preparing the case for trial if needed.
Because documentation of your damages is critical, we work to collect as much evidence as possible to support your claim. Useful evidence may include:
Obtaining sufficient evidence allows us to draft powerful settlement demands and to enter settlement negotiations with confidence.
Most cases are resolved without the need to file a lawsuit. However, in some cases, our legal team must file a lawsuit and litigate your case to obtain a fair settlement or jury award.
Sometimes, insurance companies don’t fairly value claims, and a lawsuit must be filed in order to recover fair compensation. Some factors that may determine the need to file suit include if:
If negotiations fail or the insurer does not deal in good faith, filing suit before Ohio’s two-year statute of limitations may be necessary. An experienced pedestrian accident lawyer can evaluate if going to trial is required to maximize your rightful recovery for all medical costs, lost wages, pain/suffering, and other damages you’ve incurred.
If a vehicle hit you while walking legally in a crosswalk or other area, you likely have substantial injury expenses and trauma. Let an experienced attorney fully document your harms so negligent parties are held accountable through maximum legal compensation. Do not leave money on the table or let insurance companies take advantage of you.
The Jones Firm has helped hundreds of local victims secure settlements after pedestrian accidents. Contact our office for a free, no-obligation case evaluation so we can examine your situation and provide clear advice about your options.
The legal system exists to make victims whole, but it takes an aggressive advocate to make that happen. With our local reputation and results, our personal injury law firm can be the difference-maker who fights for the outcome you deserve.