Car accidents may be terrible experiences for all parties involved, but when a pedestrian is involved and is hit by a car, it can be very serious. Today, there are more motor vehicles on the road than ever before, which increases the danger for pedestrians being involved in an accident and being struck by a vehicle.

Pedestrians do not have the same protection of the driver or passenger of a car, which can result in serious injury or death. In 2015, nearly 5,500 pedestrians were killed in auto accidents in the U.S., and another 130,000 needed to be transported to the E.R. for non-fatal injuries.

If a pedestrian is hit by a car in New York, you will likely have many questions. One being what the average payout is for your losses? We will cover this in the following article. However, we urge you to seek out a NY pedestrian accident lawyer to answer this question and others in the event of an accident.

The team at Brandon J. Broderick, Attorney at Law is here to assist you and has experience handling cases involving pedestrians.

Average Payouts For Pedestrians Injured in a Car Accident

The typical settlement for a pedestrian struck by a car in California can range from $10,000 to $10,000,000 or more, depending on the seriousness of the injuries and the experience of the lawyer representing you.

Minor injury settlements likely range between $10,000 and $75,000 in value, while settlements for severe injuries can exceed $10,000,000.

City planners in New York City created an effort called Vision Zero with the aim of totally eliminating pedestrian tragedies after realizing the severity of pedestrian accidents and fatalities. Sadly, despite the full redesign of countless pedestrian-oriented streets over the past ten years, pedestrian accidents have increased. Drivers still choose to speed, text while driving, or engage in other distractions, actions that can have a deadly impact on unsuspecting pedestrians.

Factors That Impact Pedestrian Accident Settlements

The length of time it takes to resolve a pedestrian accident lawsuit depends on its various elements, but most claims are resolved within 6 to 12 months after medical treatment is finished. The timeline of a claim for a pedestrian accident can be impacted by a variety of variables, such as:

INSURANCE COVERAGE

Unfortunately, you cannot choose a driver's insurance plan. Most states, including New York, have a $25,000 per person, $50,000 per accident minimum coverage requirement. This is the bare minimum liability coverage required by the state.

However, being that New York is a no-fault state, everyone is required by law to have Personal Injury Protection (PIP) coverage, which covers all accident-related expenses, regardless of who is at fault. PIP coverage, however, will often fall short of covering all accident-related expenses. When a person's PIP benefits run out, they can file a lawsuit against the negligent motorist to recover any remaining damages. Any injuries not covered by PIP must typically be paid for by the negligent driver. New York mandates that all drivers carry a minimum of $25,000 in third-party bodily injury coverage per accident in order to ensure that the driver who caused the injuries can pay for them.

We are all aware that not all drivers on the road are covered by insurance. In these cases, you could have to rely on your own uninsured motorist (UIM) coverage (assuming you have auto coverage) if you are a pedestrian struck by an uninsured driver.

LIABILITY & FAULT

Pedestrians have the right of way when crossing at a marked crosswalk where there are no active traffic signals, but they typically must yield to moving traffic when there isn't a crosswalk present or when there are active traffic signals at a crosswalk that prevent a pedestrian from crossing until the next signal change. In some cases, it may be determined that the pedestrian contributed to the collision by sharing some of the blame with the driver. Depending on how much of the blame is placed on the pedestrian, the pedestrian may not be entitled to financial compensation for their injuries, even if they contributed to the accident.

However, a lot of pedestrian accidents are brought on by motorist error, which might include impaired driving, texting while driving, or disobeying traffic regulations.

How Serious The Injuries Are

Very serious injuries can lead to higher settlement amounts because the victim must pay for both past and future medical expenses, make up for lost wages or potential earnings, and be compensated for past and future pain and suffering. An accident that results in permanent disfigurement (such as limb amputation or traumatic scarring) may require a larger payment than an injury that heals gradually.

Accidents involving pedestrians can result in serious and devastating injuries, such as traumatic brain damage, broken bones, or spinal cord injury. All of these conditions call for medical attention, which can increase healthcare costs and cause long-term pain and suffering. In order to help victims of pedestrian accidents recover costs like medical bills and gain compensation for their damages, personal injury attorneys can assist victims in filing claims.

Under New York Law § 5102, serious injuries include:

• Death
• Dismemberment
• Significant disfigurement
• Loss of a fetus
• Fractures
• Permanent loss or impairment of a limb or organ
• Any injury that hinders someone’s ability to perform daily tasks for at least 90 days

New York No-Fault Insurance

The "no-fault" insurance system is used in New York. This means that the other driver's no-fault insurance will cover up to $50,000 in economic damages for a pedestrian injury, regardless of who is at blame. This includes all costs related to the accident, such as an ambulance ride, hospital visit, physical therapy, and doctors, as well as the cost of any prescription medications and any necessary diagnostic tests like x-rays, CT scans, or MRIs. The opposing driver's no-fault insurance will additionally pay up to $2,000 per month in lost wages for the injured pedestrian.

However, the at-fault driver's insurance does not pay for non-economic losses like pain and suffering, permanent disability, or disfigurement.

The no-fault system was implemented to allow injured parties to get medical care as quickly as possible without having to determine who is at fault. However, insurance companies imposed limitations that prevent hurt pedestrians from collecting no-fault settlements. With the help of a skilled New York personal injury attorney, they can help you get the justice you deserve.

Hit By A Car In New York, Our Pedestrian Accident Attorneys Are Here To Help You

You have the right to pursue compensation if you or a loved one was injured in a pedestrian accident. The legal team at Brandon J. Broderick has assisted numerous New York clients in getting compensation after being hurt in a pedestrian accident.

Our experience and expertise can support you while you navigate the legal process. Schedule a free consultation with our team today.