When a pedestrian is hit by a car in California, the aftermath can be overwhelming.
Many injured individuals want to know what kind of compensation they can expect for their injuries, medical bills, lost wages, and other damages.
While there’s no set amount for these cases, several factors influence the average payout for a pedestrian hit by a car in California.
Understanding how pedestrian accident settlements are determined and why a settlement calculator may not provide an accurate picture of your potential compensation is essential.
For more information and a free consultation, call our Hollister, California pedestrian accident lawyers today at (408) 848-2208 or reach out online.
What Is the Average Settlement for a Pedestrian Hit by a Car?
There isn’t a fixed amount for settlements in pedestrian accidents. Each case varies depending on the specific circumstances.
That said, some general statistics help to illustrate the risks pedestrians face and why compensation is so important. In California, traffic fatalities increased by approximately 7.6% from 2020 to 2021, with 4,285 deaths reported. Pedestrian fatalities also rose by 9.4%, with 1,108 pedestrians killed in 2021.
Pedestrian accidents are particularly dangerous due to the vulnerability of the pedestrian compared to a vehicle. A study by the AAA Foundation for Traffic Safety found that a vehicle going 42 mph is 5 times more likely to kill a pedestrian than if it were going 25 mph. Higher speeds increase both the likelihood of a fatal outcome and the severity of non-fatal injuries, which can significantly impact the average settlement for a pedestrian hit by a car.
Factors That Influence Pedestrian Accident Settlements
Several factors impact how much you can receive in pedestrian accident compensation, including:
- Severity of injuries. Pedestrian accidents can result in serious injuries, including traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage.
- Medical treatment costs. Immediate medical expenses, such as emergency room visits, surgeries, and hospital stays, contribute to the overall settlement. California’s high healthcare costs are factored into your settlement.
- Lost wages and future earning capacity. Another factor impacting compensation is if the accident left you unable to work or reduced your earning capacity. The more time missed from work or the greater the impact on your future ability to earn a living, the larger the settlement.
- Liability and negligence. California follows a comparative negligence system. If you were partially responsible for the accident, your settlement could be reduced by the percentage of fault attributed to you.
- Insurance coverage. The at-fault driver’s insurance coverage plays a significant role in determining your settlement. If the driver has minimal coverage, your payout may be limited.
While it’s difficult to predict precisely how much a pedestrian accident settlement will be, knowing the factors influencing the average settlement for a pedestrian hit by a car can provide a clearer understanding of what to expect.
Why Settlement Calculators Are Inaccurate
Online settlement calculators claim to provide an estimate of your compensation.
However, these tools often don’t consider your case’s unique details. They might ask for a few basic factors, such as medical bills and lost wages, but they can’t accurately assess the full scope of your injuries, the emotional toll of the accident, or the long-term impact on your quality of life.
Relying on these calculators can give you an inaccurate picture of your case’s worth. Speaking with an attorney will provide a much more accurate estimate based on the factors that could influence your settlement.
Statistics on Pedestrian Accidents in California
Pedestrian accidents remain a significant concern in California. According to the Insurance Institute for Highway Safety, deaths from motor vehicle crashes involving pedestrians have increased by 83% since their lowest point in 2009, now accounting for 18% of all traffic fatalities. Pedestrians are most at risk in urban environments, where vehicle speeds and traffic density can make crossing streets particularly dangerous.
In the Bay Area alone, pedestrian fatalities make up a significant portion of overall traffic deaths.
For example, in 2021:
- Santa Clara reported 35 pedestrian fatalities out of 88 total traffic deaths;
- Alameda saw 28 pedestrian deaths out of 57; and
- San Francisco recorded 15 pedestrian deaths, making up almost all of the 16 total traffic fatalities in the city.
The increase in pedestrian deaths highlights the risks pedestrians face.
Additional Factors Impacting Pedestrian Accident Compensation
Several additional factors that can also affect the average payout for a pedestrian hit by a car in California include:
- Road speed limits. Roads with higher speed limits increase the risk of severe injuries. In rural areas, 63% of pedestrian deaths occur on roads with speed limits of 55 mph or higher, compared to 51% of deaths in urban areas with limits of 40 mph or less.
- Alcohol involvement. In 2022, 37% of pedestrians killed in nighttime crashes had blood alcohol concentrations (BACs) at or above 0.08%. This statistic highlights the role alcohol plays in pedestrian fatalities, and it can affect the outcome of settlement negotiations if alcohol is found to be a factor in the accident.
- Vehicle design and safety features. The type of vehicle involved in the accident and whether it had crash avoidance technology can also influence settlement amounts. According to a study by the Insurance Institute for Highway Safety, vehicles equipped with automatic braking systems that detect pedestrians have a 27% lower rate of pedestrian crashes.
Every case is unique, and your accident’s circumstances will determine the settlement amount. Consulting with an attorney who understands pedestrian accident cases in California is the best way to ensure you receive fair compensation.
Have You Been Injured in a California Pedestrian Accident?
If you or a loved one was recently hit by a car while walking, you must understand your rights and what you can do to hold the at-fault party accountable. At Gonzalez & Jones, APC, we’re a team of experienced California personal injury attorneys who care deeply about our clients and will do everything possible to ensure you and your family obtain the justice you deserve.
We’re immediately available to meet with you to discuss your case, review the facts of the accident, and advise you on your options. We won’t charge any upfront fees and will only get paid if we successfully get you the compensation you deserve.
For a free consultation, please don’t hesitate to give us a call at (408) 848-2208 or contact us online.