Auto-pedestrian accidents usually don’t turn out so well for the pedestrian. The results can be catastrophic, leading to permanent harm and life-changing injuries. When the driver is at fault and caused the harm, you are entitled to filing a personal injury lawsuit. The damages you claim could result in a financial settlement to cover the costs of your medical care and recovery. The amount you’ll receive is contingent upon the court ruling that the driver was negligent, along with other factors.
Who Was at Fault?
In most auto-pedestrian accidents, it’s the driver’s fault for any damages and injuries. These incidents can occur if the driver is speeding, runs a red light or stop sign, is driving while distracting or under the influence, or fails to stop at a crosswalk. In all of these scenarios, the driver will be at the very least partially to blame for the accident. It could be the pedestrian’s fault if he or she was jaywalking or suddenly darted out in front of a car, and the driver was not breaking any laws. If you are injured as a pedestrian, and the court determines that the driver is negligent, you can expect to receive a cash award for the damages you claim.
The Type and Seriousness of Your Injuries
A minor accident may cause some scrapes or bruises. In this case, your settlement amount would almost certainly be small, if anything at all. However, the more severe the injuries that you suffer, the larger your settlement will be. The court will look at your medical bills. For serious injuries, you may have visited the doctor’s office several times. You likely took medication or had treatment of some kind. You may have had surgery and face extensive rehabilitation. In these cases, the payout will be much more than if the injuries require little or no medical attention.
How the Injury Impacts Your Life
As a pedestrian, you have no protection against an oncoming vehicle. Consequently, the injuries can be tremendous. Your settlement amount could be larger if you are unable to return to work in the near future (or ever). Your payout should cover the wages you have lost and will lose in the future. The way in which the accident has limited your physical and mental abilities will also determine how much you recover in damages.
Be aware of these factors when you start your injury case. These three situations should give you an idea of whether you’ll get a settlement and whether it’ll be on the low or high end.