What's the average settlement for a pedestrian who was hit by a car?

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Question:

What's the average settlement for a pedestrian who was hit by a car?

Answer:

We get questions like this one a lot, and not just in the context of car-versus-pedestrian accidents. We see it across all kinds of personal injury cases, and it’s only human nature for this kind of concern to crop up. If you’re filing a claim and asking for compensation for an injury, you want to at least get a ballpark idea of what kind of settlement to expect.

Unfortunately, injury settlements are typically kept confidential, so this kind of information isn’t available, at least not on any scale that would provide a decent sample size.

In any case, if you were hit by a car as a pedestrian and you think you have a valid injury claim, the only settlement you need to be concerned with is your own. Every case is different, with as many different variables as you can imagine -- from degrees of fault for the accident to the seriousness of the claimant’s injury, and everything in between.

One thing that tends to be true in car-versus-pedestrian settlements is that they almost always involve significant (meaning, more than minor) injuries. That means the claimant has probably made at least a few doctor visits and has likely incurred a fair amount of medical bills. And, if the adjuster is using some kind of settlement formula, bills for medical treatment often form the starting point for claim value. So that means you’re probably more likely to receive a larger settlement in this kind of case than you would if you were driving a car that was in a minor “fender bender.”  

And finally, one note of caution: Some people assume that if they were hit by a car, the driver’s insurance company will just cut a quick check in an amount that’s accompanied by a lot of zeroes. While it’s true that many pedestrian accidents are the clear fault of the vehicle driver, it’s not always cut and dried. A pedestrian can share some (even most) of the blame for causing an accident. Learn more: Can a Pedestrian Be At Fault for a Car-Pedestrian Accident?      

by: David Goguen, J.D.

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