By Matthew Novian | Dec 19, 2024 | Catastrophic Injury

Pedestrian accidents are an unfortunate reality on California’s bustling streets. With heavy traffic and countless pedestrian crossings, these incidents can result in devastating injuries.

Average pedestrian accident settlements in California vary depending on the specifics of each case. On average, it starts from $15,000 and can exceed $1,000,000 in cases of severe or catastrophic injuries. 

Navigating the legal complexities of a pedestrian accident claim can be overwhelming. At Novian & Novian, we have expert lawyers who specialize in catastrophic injury cases such as pedestrian claims. They will work with you to ensure you receive the compensation you deserve. Schedule a free consultation with us today! 

In this post, we will cover pedestrian accidents in California and their average payouts. We will also talk about key factors that influence compensation and what to do after being hit by a car.

Average Pedestrian Accident Settlement in California

Pedestrian accidents in California often lead to serious injuries due to the vulnerability of pedestrians compared to vehicles. Settlements for these cases vary widely based on the extent of the injuries and other factors. 

For example, minor injuries like bruises, sprains, or minor fractures would range from $15,000 to $50,000. However, more serious injuries like spinal cord injuries, traumatic brain injuries, or permanent disabilities can exceed $100,000 and often range from $500,000 to $1,000,000+, depending on the long-term impact of the injury. These catastrophic injuries are high-value claims due to extensive medical treatment and life-altering effects.

Furthermore, cases involving reckless or intentional behavior by the driver, such as driving under the influence (DUI), can lead to punitive damages and higher payouts. On the other hand, situations with shared fault or minimal injuries may result in reduced compensation. 

Settlement amounts can also vary across cities in California due to differences in local traffic laws, insurance coverage, and economic factors. Urban areas like Los Angeles or San Francisco, with higher traffic density, may see higher settlements than rural regions.

What Factors Influence the Payout After a Pedestrian Accident?

One of the factors that influence the payout after a pedestrian accident is the severity of injuries. Minor injuries often have lower payouts, while severe injuries with long-term effects such as chronic pain, permanent disabilities, or extensive rehabilitation increase compensation. 

Fault and liability can also influence payout. According to California’s comparative negligence law, compensation is reduced by your percentage of fault. For example, if you are 20% at fault, your payout will decrease by 20%. Therefore, providing clear evidence of the at-fault driver’s liability helps maximize settlement amounts. 

Economic and non-economic damages also play a role in determining compensation, as they are usually factored into the final payout. Economic damages cover medical expenses, lost wages, property damages, and ongoing rehabilitation costs. On the other hand, non-economic damages include pain and suffering, economic distress, and loss of enjoyment of life. 

Furthermore, insurance coverage is a factor that influences payout after a pedestrian accident. Typically, the at-fault driver’s insurance policy limits can significantly impact settlement offers. If their policy is insufficient, victims may have to rely on their uninsured/underinsured motorist coverage.

Importantly, legal representation influences payout to a great extent. It is always best to work with an experienced personal injury attorney who can negotiate higher settlements by proving fault, calculating damages, and advocating for fair compensation. Cases without legal representation often settle for much less.

Comparative Negligence in California: Who Is At Fault?

Comparative negligence is a legal principle used to allocate fault among parties involved in an accident, and California law follows a pure comparative negligence model. This means that a person can recover compensation even if they are up to 99% at fault. However, their payout is reduced by their percentage of fault.

California’s pure comparative negligence system ensures that injured parties can still recover compensation, but their percentage of fault directly reduces the payout. This framework affects how insurance companies calculate settlements and negotiate claims, often focusing on increasing the pedestrian’s fault to minimize payouts. Common situations where comparative negligence applies include jaywalking, distracted walking, ignoring traffic signals, and driver speeding or running red lights. 

Typically, the degree of fault directly impacts the settlement amount in California. If a pedestrian is awarded $100,000 but found 20% at fault for jaywalking, their compensation is reduced by 20%. Thus, they receive $80,000. Similarly, if a case wins a total settlement value of $300,000 and equal fault is assigned to both parties, the pedestrian receives $150,000 after a 50% reduction.

This differs from many states like Alaska, New York, Colorado, Oregon, Nevada, etc., that operate under modified comparative negligence. This means that injured parties cannot recover damages if they are 50% or more at fault. For example, if a pedestrian is 60% at fault in a state with modified comparative negligence, they receive no compensation.

In the United States, only 4 states operate under contributory negligence. These states are Alabama, Maryland, North Carolina, and Virginia. In these states, any fault by the injured party eliminates their right to compensation.

How Long Does It Take To Receive Compensation?

If you have been involved in a pedestrian accident, one of your main concerns is likely how long it will take to receive compensation. The timeline varies based on several factors, including the complexity of the case and whether a settlement is reached or a lawsuit proceeds to trial. Generally, it could take 6 months to 2 years or more. 

After the accident, you or your attorney must file a claim with the at-fault driver’s insurance company. This step can take a few days to weeks, depending on the availability of accident reports and supporting documents. Then, the insurance company reviews the claim, evaluates liability, and assesses damages. This can take 1-3 months on average, though disputes over fault or evidence can extend this.

If liability and damages are clear, settlement discussions can begin quickly. This would take 1-6 months for straightforward cases. If a settlement cannot be reached, your attorney may file a personal injury lawsuit. Filing takes 1–2 months, and preparing for trial can add several months to a year.

The timeline for cases that go to court depends on court availability and the complexity of the trial. It can take 1-2 years or more. Factors that can delay compensation include disputes over faults, the severity of injuries, insurance issues, legal complexities, and the litigation process.

What to Do After Being Hit by a Car

Being hit by a car can be traumatic, but taking the right steps immediately can protect your rights and maximize your pedestrian accident compensation. Here’s what you need to do:

Immediate Actions to Protect Your Rights

The first thing to do is to seek medical attention immediately. Even if the injuries appear minor, you should get evaluated by a healthcare provider, as some injuries, like traumatic brain injuries or internal injuries, may not show immediate symptoms. It is important to save all medical bills and treatment records as it would come in handy to support your personal injury claim.

We recommend that you also get a police report, as it is important to establish fault and build your case. A police report provides an accurate account of the accident without admitting fault.

Documenting Evidence

To document evidence, you need to take photos of the accident scene. This includes vehicle positions, traffic signals, injuries, and any property damage.

It is also helpful to gather witness statements. Their accounts can strengthen your claim if disputes arise about fault. Furthermore, save receipts, notes from doctors, and any communication with insurance companies to document your injuries and expenses.

Notify Your Insurance Company

Informing your insurer demonstrates good faith and ensures they can advocate for your rights if disputes arise. To do this, you should share details like the accident location, time, and the at-fault driver’s information. Importantly, avoid speculating about fault.

We advise that you be cautious when speaking to the at-fault driver’s insurer. Avoid providing recorded statements without consulting an experienced personal injury attorney. If offered a low settlement, your lawyer can negotiate a fair amount based on the severity of your injuries and medical expenses.

Contact an Experienced Personal Injury Attorney

If you’ve sustained serious injuries such as spinal cord injuries or broken bones that require extensive medical treatment, consult a pedestrian accident attorney immediately. These attorneys can help you navigate California’s comparative negligence laws to ensure your compensation isn’t unfairly reduced.

They also evaluate economic damages (medical treatment, lost wages) and non-economic damages (pain and suffering) to maximize your compensation. Typically, a skilled attorney prevents you from settling for less than you deserve.

If needed, they will file a personal injury lawsuit to secure fair compensation.

How to Maximize Pedestrian Accident Compensation?

To maximize a car accident settlement, you must seek medical attention immediately. This is because immediate medical treatment ensures proper documentation of your injuries, whether they are minor injuries or severe injuries like spinal cord injuries or traumatic brain injuries. Therefore, you have to document everything and keep detailed records of medical bills, treatments, and diagnoses. These form the basis of your personal injury claims. 

Another way to maximize compensation is to collect evidence and witness statements. You can do this by taking pictures and videos of the accident scene, damaged property, visible injuries, and road conditions. You should also obtain contact information and statements from witnesses who can support your version of events, as witness testimony can be invaluable in proving fault.

To maximize compensation, you also have to understand and utilize comparative negligence. California’s law follows a pure comparative negligence system. This means your compensation may be reduced based on your percentage of fault. However, an experienced personal injury attorney can argue to minimize your fault percentage and maximize your payout for pedestrian injuries. 

Furthermore, you must not settle too quickly. Insurance companies often offer low initial settlements to injured victims. Accepting too quickly may result in a payout that doesn’t cover ongoing medical treatment or future expenses. Before accepting any offer, have your personal injury lawyer review the settlement to ensure it reflects the full scope of your injuries sustained.

In addition, be prepared to go to trial. If settlement negotiations stall, taking your case to court may result in a higher compensation amount. An experienced pedestrian accident attorney can effectively present your case, whether during settlement discussions or in front of a jury.

Hiring an experienced personal injury attorney is very important in a pedestrian claim. Personal injury attorneys handle complex cases involving traffic laws, insurance coverage, and settlement negotiations. These lawyers ensure all aspects of your suffering are accounted for in your pedestrian accident settlement. 

Need Help From a Personal Injury Lawyer After a Pedestrian Accident?

If you’ve been injured in a pedestrian accident, understanding your legal rights and the potential payout for your claim can feel overwhelming. The severity of your injuries, the at-fault driver’s liability, and California’s comparative negligence law all play a significant role in determining your compensation. 

The average payout for a pedestrian hit by a car in California depends on factors like medical bills, lost wages, pain and suffering, and the long-term impact of injuries such as spinal cord injuries or traumatic brain injuries. Effectively, your compensation can range anywhere from $15,000 to around $1,000,000. 

Navigating the legal process on your own can be challenging. However, a skilled personal injury lawyer protects your rights, handles the details, and maximizes compensation. 

At Novian & Novian, our expert personal injury attorneys in California have a proven track record in personal injury cases and can help you maximize your settlement. Schedule a free consultation with us now!