The Average Payouts for Pedestrians Hit By Car This Year

Pedestrian accidents can result in severe injuries or even fatalities, leading to complex legal battles over compensation. The average payout for a pedestrian hit by a car varies widely based on numerous factors, including liability and damages. In this article, we'll discuss these factors in detail, provide specific examples, and analyze how they influence the average payout.

Liability Factors

Driver Negligence If a pedestrian is hit while crossing the street at a marked crosswalk and the driver was texting and didn't notice the pedestrian, the driver can be held fully liable if found negligent. This results in a higher payout for the pedestrian.

Pedestrian Negligence In a scenario where a pedestrian crosses the street against the traffic signal and is hit by a car, the compensation may be reduced based on the pedestrian's percentage of fault if they are found partially at fault.

Comparative Negligence Both the pedestrian and driver can share fault in certain situations, such as when the pedestrian was jaywalking and the driver was speeding. Missouri follows a comparative negligence system, which adjusts the payout according to the level of fault attributed to each party.

Speeding and Reckless Driving If a driver exceeds the speed limit in a residential area and hits a pedestrian, their liability increases due to speeding and reckless driving, resulting in higher compensation for the pedestrian.

Intoxicated Driving When a drunk driver hits a pedestrian at a crosswalk, their liability is significantly increased, potentially leading to punitive damages and a higher overall payout for the pedestrian.

Damages Factors

Medical Expenses A pedestrian suffering multiple fractures requiring extensive medical treatment will likely have high medical bills. These bills, including surgery, rehabilitation, and ongoing care, contribute to a higher compensation amount.

Lost Wages If a pedestrian is unable to work for several months due to their injuries, compensation includes lost income and potential future earnings if the injuries lead to long-term disability.

Pain and Suffering A pedestrian experiencing chronic pain and emotional distress following the accident can receive non-economic damages for pain and suffering, significantly increasing the overall payout.

Permanent Disability Long-term or permanent disabilities, such as paralysis from a spinal cord injury, result in higher compensation for lifelong care and loss of quality of life.

Property Damage Compensation also covers the cost of repairing or replacing damaged personal belongings, such as a laptop or phone, that were damaged in the accident.

Specific Examples and Case Studies

Case Study: Crosswalk Accident A pedestrian is hit while legally crossing at a crosswalk by a driver distracted by a phone call. The driver was found fully liable, and the pedestrian received $150,000 in compensation for medical bills, lost wages, and pain and suffering.

Case Study: Jaywalking Incident A pedestrian jaywalks and is hit by a car, with both the pedestrian and driver sharing fault. The court found the pedestrian 30% at fault and the driver 70% at fault. The initial compensation of $100,000 was reduced to $70,000 based on comparative negligence.

Case Study: Drunk Driving Collision A drunk driver hits a pedestrian at a marked crosswalk, causing severe injuries. The driver was found fully liable and faced punitive damages, resulting in the pedestrian receiving $500,000 in compensation, including medical expenses, pain and suffering, and punitive damages.

Case Study: Speeding in a School Zone A driver speeds through a school zone and hits a pedestrian, resulting in minor injuries. The driver was found fully liable due to reckless driving, and the pedestrian received $50,000 for medical bills and pain and suffering.

Case Study: Pedestrian with Permanent Disability A pedestrian is hit by a car while crossing the street, resulting in permanent paralysis. The driver was found fully liable, and the pedestrian received $1,000,000 in compensation for lifelong care, lost future earnings, and pain and suffering.

Factors Influencing Average Payout

Severity of Injuries More severe injuries typically result in higher payouts due to increased medical expenses, long-term care needs, and greater impact on quality of life.

Economic and Non-Economic Damages Economic damages include quantifiable losses like medical bills and lost wages, while non-economic damages cover pain and suffering and emotional distress.

Insurance Policy Limits The at-fault driver's insurance policy limits can cap the maximum payout. If the compensation exceeds the policy limits, the victim may need to pursue additional legal action to recover the remaining amount.

Legal Representation Hiring an experienced attorney can significantly impact the outcome of a case. Attorneys can negotiate higher settlements and ensure that all damages are properly accounted for.

Jurisdiction and Venue The location where the case is filed can influence the payout amount, as different jurisdictions may have varying standards and tendencies in awarding compensation.

Evidence and Documentation Strong evidence, such as medical records, eyewitness testimonies, and expert analysis, can strengthen a case and lead to higher compensation.

Settlement vs. Trial Most cases settle out of court, but if a case goes to trial, the payout can be higher or lower depending on the jury's decision. Settlements provide certainty and faster resolution, while trials involve more risk but potential for higher compensation.

Punitive Damages In cases involving gross negligence or malicious conduct, punitive damages may be awarded to punish the defendant and deter similar behavior. These can significantly increase the overall payout.

Steps to Take After a Pedestrian Accident

Seek Medical Attention Prioritize your health by seeking immediate medical attention, even if injuries seem minor.

Document the Accident Scene Take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.

Report the Accident Notify the police and file an accident report. Obtain a copy of the report for your records.

Notify Your Insurance Company Inform your insurance provider about the accident as soon as possible.

Consult an Attorney Seek legal advice to understand your rights and options for compensation. An attorney can help you navigate the legal process and negotiate with insurance companies.

Keep Records Maintain detailed records of medical treatments, expenses, and any correspondence related to the accident. This documentation will be crucial in building your case.

Conclusion

The average payout for a pedestrian hit by a car depends on various factors, including liability and damages. Understanding these factors and following the appropriate steps after an accident can help ensure that victims receive fair compensation. Each case is unique, and consulting with an experienced attorney can provide valuable guidance in navigating the complexities of personal injury claims.