Despite safety measures like crosswalks and sidewalks, pedestrian accidents remain a serious public safety concern, particularly in California where millions of drivers commute nearly every single day. Annually, about 14,000 pedestrians are injured in accidents in California alone.
In comparison to other states, the rate of pedestrian accident incidents is up to 25% higher in California. Many of these incidents occur in urban areas, where most people reside. If you walk to work or exercise outside regularly, there is always a risk that you may find yourself involved in a pedestrian accident.
If you have been injured in a car v. pedestrian accident, you may be researching online to find out how much you could receive in recovery. Unfortunately, there is no average settlement for pedestrians who have been hit by cars in California since every case is unique in its circumstances and most settlement results are confidential.
A variety of factors may affect the amount of compensation you receive. These include but are not limited to:
The details of your case are what will ultimately determine your settlement amount. The best way to know how much you could expect to recover would be to speak with a personal injury or pedestrian accident attorney in your area about your case.
Pedestrians often sustain more severe injuries than victims of normal traffic accidents. As a result, most plaintiffs of car v. pedestrian cases typically receive higher amounts of compensation than regular auto accident victims. Nearly half of the injuries that victims of pedestrian accident cases sustain are to their face, neck, or head. Common severe injuries include:
State laws provide pedestrians with legal rights. In California, pedestrians have the right-of-way at intersections, meaning that drivers must yield to pedestrians. Additionally, pedestrians also maintain the legal right to not be hit by vehicles. If a driver fails to yield to a pedestrian, this can be used as evidence to demonstrate that they acted with negligence.
Keep in mind that pedestrians do not have the right-of-way in all circumstances. The driver might not be responsible if the pedestrian was passing through an unmarked crosswalk or jaywalking at the time of the incident. Under California law, either party could be held liable as both share a responsibility in obeying all traffic laws and preventing collisions. Jaywalkers are not entirely defenseless, however.
Drivers who strike pedestrians can face a range of legal repercussions such as civil suits, driver’s license sanctions, traffic citations, and even criminal prosecution. These increase in severity depending on the nature of the victim’s injuries. If the driver was under the influence at the time of the incident or flees the scene, they could be held criminally liable.
Additionally, if a driver was under the influence during the event, they may face DUI charges. A DUI charge carries extremely high penalties, especially if the accident is fatal. If a pedestrian dies as a result of their injuries, this can earn the driver a gross vehicular manslaughter charge. In California, convictions in such cases can carry 10 years or more in state prison.
In hit-and-run incidents, drivers immediately leave the scene of the accident without stopping to exchange contact information or to check if the pedestrian needs medical attention. Prosecutors can file either misdemeanor or felony hit-and-run charges to the driver if the accident produced an injury.
California laws regarding pedestrian rights follow a pure comparative negligence doctrine, which allows plaintiffs to receive recovery even if they are 99% at fault. This is another reason why it is impossible to determine the average settlement payout for victims of pedestrian accidents, as liability plays a role in your case’s value. In a pedestrian injury claim, the plaintiff must be able to establish the following:
Although a pedestrian is normally not at fault in car v. pedestrian cases, there are some instances where a pedestrian’s actions directly caused the accident to take place. If you are a pedestrian who is partially at fault, your potential recovery amount will be reduced by your share of the fault. For instance, if the jury determines that you are 30% at fault, you could receive 70% of your settlement amount.
If it is determined that the pedestrian is entirely at fault, the driver might not face any legal repercussions at all. The driver may file a claim against the pedestrian for any property damage that resulted from the accident.
The conduct of the pedestrian has no effect on any criminal charges filed against the driver, however. If the driver received DUI or hit-and-run charges in the incident, those may move forward even if the pedestrian was at fault.
Three types of damages are applicable to personal injury cases in California: economic, non-economic, and punitive. Economic or special damages are tangible losses suffered by the plaintiff as a result of their injuries. These can include medical expenses, medications, lost income/wages, and repair costs. Non-economic damages are non-tangible losses suffered by the plaintiff as a result of their injuries. This usually includes things like physical pain, emotional anguish, reduced quality of life, and permanent disability.
Punitive damages apply if the plaintiff can prove that the driver who caused their injuries was acting under fraud, malice, or oppression. This usually applies in cases where the driver was acting recklessly or intentionally causing harm.
The purpose of punitive damages is two-fold, they are meant to punish the wrongdoer and to serve as an example to deter others from performing similar actions. Unlike compensatory damages, punitive damages are not dependent on the losses suffered by the victim, but rather, on the reprehensibility of the defendant’s conduct and how much they are able to pay. Keep in mind that these damages are far less common in personal injury cases.
The statute of limitations in California for personal injury cases is two years, which means that victims of pedestrian accidents have up to two years to the date of the incident to file a claim. If you are still receiving treatment for your accident injuries, it may feel overwhelming to pursue legal action, which is why you should seek the assistance of an experienced personal injury attorney.
Filing a claim through an experienced attorney is your best solution to maximizing your recovery. You should speak with a reputable personal injury attorney in your area before accepting any settlements from an insurance company. Those amounts are often far less than what you could receive through a personal injury claim.
If you were injured in a pedestrian accident and are looking for a pedestrian accident lawyer in Los Angeles County, LawLinq can connect you with a reputable attorney who can help you secure the compensation that you deserve. LawLinq is a lawyer-referral service assisting clients anywhere in the Los Angeles area. Our Member Attorneys have successfully helped thousands of clients recover millions for their personal injury claims.
There are countless personal injury firms in the Los Angeles metropolitan area. Whether you’re looking for a personal injury attorney in Glendale or Torrance, LawLinq can help make your search far easier and less time-consuming. Through a quick and confidential evaluation of your case details, LawLinq will connect you with a California State Bar certified attorney with years of experience who can successfully handle your case. Remember, at no time are you obligated to work with the attorney we refer you to.
Our services are 100% free to you. We understand that the right attorney is key to increasing your chances of winning a personal injury lawsuit. And as such, we are fully committed to matching you with the best attorney possible so that you can receive the justice and compensation you deserve. If you believe you have a personal injury claim or any questions about your case, contact LawLinq today.