The amount of compensation you can get for a pedestrian accident depends on many things, including the severity of your injuries, medical bills, lost income, future care needs, pain and suffering, evidence of liability, and available insurance coverage.
There is no specific settlement amount for a pedestrian accident in California. A minor injury claim may be worth far less than a serious injury case involving surgery, a traumatic brain injury, fractures, permanent disability, or wrongful death.
The most important question is not, “What is the average pedestrian accident settlement?” The better question is, “What is the full value of my specific case?”
At The Hassell Law Group, our San Francisco pedestrian accident lawyers have extensive experience representing injured pedestrians throughout San Francisco and the Bay Area. We help clients pursue compensation for medical bills, lost income, pain and suffering, long-term disability, and the full impact of serious pedestrian accident injuries.
How Much Is A Pedestrian Accident Case Worth?
A pedestrian accident case may be worth tens of thousands, hundreds of thousands, or even millions of dollars depending on the facts.
Case value is usually driven by several major factors:
- How the accident happened
- Who was at fault
- Whether the pedestrian was partly at fault
- The severity of the injuries
- The amount of medical treatment received
- The amount of the medical bills and any future care needed
- Whether surgery was required
- Whether the injuries are permanent
- Whether the injured person can return to work
- The amount of available insurance coverage
- The strength of the evidence
- The skill and preparation of the legal team handling the case
A pedestrian accident involving bruises and short-term soreness will not have the same value as a case involving a traumatic brain injury, hip fracture, spinal injury, or permanent disability.
Because every case is different, you should be cautious about looking up online “average settlement” numbers. They rarely tell you what your actual case is worth.
What Compensation Can You Recover After A Pedestrian Accident?
In a California pedestrian accident claim, compensation may include both economic and non-economic damages.
Economic damages are financial losses. Non-economic damages are personal losses that impact your health, comfort, independence, and quality of life.
Depending on the case, you may be able to recover compensation for:
- Ambulance bills
- Emergency room treatment
- Hospital care
- Surgery
- Doctor visits
- Physical therapy
- Medication
- Medical equipment
- Future medical care
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of mobility
- Scarring or disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death damages in fatal pedestrian accident cases
The goal is to recover compensation that reflects the full harm caused by the accident, not just the first set of medical bills.
Medical Bills And Future Medical Care
Medical expenses are often one of the largest parts of a pedestrian accident claim.
Pedestrian accidents can cause severe injuries because the person walking has no protection from the impact of a car, truck, SUV, delivery van, rideshare vehicle, or bus. Even a low-speed collision can cause a pedestrian to fall hard onto the pavement.
Medical compensation may include:
- Emergency transportation
- Emergency room care
- Hospital stays
- X-rays, CT scans, and MRIs
- Surgery
- Orthopedic treatment
- Neurology care
- Pain management
- Physical therapy
- Occupational therapy
- Medication
- Follow-up appointments
- In-home care
- Medical devices
- Future treatment
Future medical care is especially important in serious cases. A settlement should not only account for care you already received. It should also account for care you are reasonably expected to need later.
Lost Wages And Loss Of Earning Capacity
If your injuries prevent you from working, you may be able to recover lost wages.
This may include income lost because you missed work for:
- Emergency treatment
- Hospitalization
- Surgery
- Doctor appointments
- Physical therapy
- Pain
- Mobility limitations
- Recovery time
If your injuries prevent you from working again or reduce the amount you will be able to work, you may also have a claim for loss of earning capacity. This can be especially important to claim if you can no longer perform your job, need reduced hours, must change careers, or cannot return to the same level of work you performed before the crash.
Loss of earning capacity can significantly increase the value of a pedestrian accident case.
Pain And Suffering After A Pedestrian Accident
Pain and suffering can be a major part of a pedestrian accident claim.
Pain and suffering may include:
- Physical pain
- Chronic discomfort
- Emotional distress
- Anxiety
- Depression
- Sleep problems
- Loss of independence
- Fear of walking near traffic
- Loss of enjoyment of life
- Embarrassment from scarring, disfigurement or disability
- Stress caused by medical treatment
- Reduced quality of life
Insurance companies often try to undervalue pain and suffering. They may focus only on medical bills and ignore how the accident changed your life. A strong claim should explain the human impact of the injuries in detail and recover appropriate compensation.
Serious Injuries Usually Increase Case Value
Pedestrian accident compensation often increases when the injuries are serious, permanent, or life-changing.
High-value pedestrian accident cases may involve:
- Traumatic brain injuries
- Skull fractures
- Concussions with lasting symptoms
- Broken legs
- Hip fractures
- Pelvic fractures
- Knee injuries
- Shoulder injuries
- Spinal cord injuries
- Herniated discs
- Internal injuries
- Nerve damage
- Facial injuries
- Dental injuries
- Amputations
- Permanent disability
- Severe scarring
- Wrongful death
The more serious the injury, the more important it is to understand the long-term medical, financial, and personal impact before accepting any settlement.
For related information, read: How Long Does It Take to Settle a Pedestrian Accident?
Does Fault Affect Pedestrian Accident Compensation?
Yes. Fault can have a major impact on compensation.
If the driver is clearly at fault, the injured pedestrian may have a stronger claim. Common examples of driver negligence include:
- Failing to yield at a crosswalk
- Speeding
- Running a red light
- Running through a stop sign
- Distracted driving
- Texting while driving
- Drunk driving
- Drug-impaired driving
- Failing to check before turning
- Backing up without looking
- Driving too fast for conditions
- Failing to yield to a pedestrian crossing outside of a crosswalk
California drivers must yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections when required by law. Drivers also must use due care to avoid hitting pedestrians. However, pedestrians also have duties to use reasonable care. California’s crosswalk law reflects both driver and pedestrian responsibilities.
What If The Pedestrian Was Partly At Fault?
A pedestrian may still recover compensation even if they were partly at fault.
California follows comparative fault principles. This means fault can be apportioned between the pedestrian and the driver. If the pedestrian is found partly responsible, the compensation may be reduced by the pedestrian’s percentage of fault.
For example, if the pedestrian’s case is valued at $500,000 but the pedestrian is found 20% at fault, their recovery may be reduced by 20%.
Insurance companies often try to exaggerate the pedestrian’s share of fault. They may argue that the pedestrian:
- Crossed outside a crosswalk
- Crossed against a signal
- Entered the road suddenly
- Looked at a phone
- Wore dark clothing
- Failed to pay attention
- Could have avoided the crash
Do not assume the insurance company is correct. A pedestrian accident lawyer can evaluate the crash and challenge any attempt at unfair blame-shifting.
For related information, read: Can A Pedestrian Sue If Hit By A Car In California?
Does Insurance Coverage Affect Compensation?
Yes. Available insurance coverage can affect how much money can actually be recovered.
A pedestrian accident claim may involve:
- The negligent driver’s auto insurance
- Commercial vehicle insurance
- Employer insurance
- Rideshare insurance
- Delivery company insurance
- Umbrella coverage
- Uninsured motorist coverage
- Underinsured motorist coverage
- Government entity liability
A serious injury case may be worth more than the at-fault driver’s insurance limits. That is why it is important to investigate all possible sources and avenues of recovery.
For example, a pedestrian hit by a delivery driver, rideshare driver, company vehicle, truck, or government vehicle may have access to more insurance coverage than a pedestrian hit by a private driver. These policies often have larger coverage limits, than a private driver.
What If the Driver Was Uninsured or Fled the Scene?
If the driver was uninsured or fled the scene, the pedestrian may still have options.
If the pedestrian had auto insurance, and uninsured motorist coverage, it may apply to cover them. If the injured person did not own a car, a household auto policy in their household may apply even though the injured person was walking and not driving at the time. This can be extremely important in hit-and-run pedestrian accident cases.
Hit-and-run and uninsured motorist claims can involve issues related to coverage and technical insurance rules and notice requirements. You should speak with a lawyer quickly if the driver fled or lacked insurance to help determine your options.
For more information, visit our San Francisco hit-and-run accident lawyers page.
What If A Government Entity Caused Or Contributed To The Accident?
Some pedestrian accident cases involve dangerous conditions on public property, or are caused by government employees driving a government vehicle.
A city, county, state agency, transit agency, or other public entity may be involved if the accident was caused or worsened by:
- A pothole in the crosswalk or on the roadway
- Uneven or broken surface on a public sidewalk
- Broken traffic signals
- Missing signs
- Overhead streetlights that are out
- Dangerous intersections
- Overgrown vegetation impairing visibility of pedestrians
- Unsafe construction zones
- Dangerous road design
- A government employee driving a government vehicle
Claims involving government entities can have special rules and shorter deadlines. In California, the general deadline for personal injury lawsuits is usually two years from the injury, but government claims may require much faster action.
If a public entity may be involved, contact a lawyer immediately.
How Do You Prove The Value Of A Pedestrian Accident Claim?
To prove the value of a pedestrian accident claim, you need evidence showing both liability and damages.
Important evidence may include:
- Police reports
- Witness statements
- Surveillance video
- Dashcam footage
- Photos of the scene
- Photos of injuries
- Photos of damage to any vehicle or property
- Medical records
- Medical bills
- Expert medical opinions
- Employment records
- Lost wage documentation
- Accident reconstruction
- Traffic signal timing
- Insurance records
- Daily pain journals
- Family impact statements
The stronger the evidence, the harder it is for the insurance company to minimize the claim.
Should You Accept The First Settlement Offer?
Usually, you should be cautious about accepting the first settlement offer.
Insurance companies often start low. The first offer may not include future medical care, pain and suffering, lost wages, loss of earning capacity, permanent disability, or the long-term impact of the accident.
Before accepting any pedestrian accident settlement, make sure you understand:
- The full extent of your injuries
- Whether you need future treatment
- Whether you can return to work
- Whether your pain is permanent
- Whether the offer includes pain and suffering
- Whether all insurance coverage has been identified
- Whether the insurer is unfairly blaming you
Once you accept a settlement, your claim is usually over.
How Long Do You Have To File A Pedestrian Accident Claim In California?
In most California pedestrian accident cases, the injured person generally has two years from the date of injury to file a personal injury lawsuit.
However, some cases have shorter deadlines. Claims involving government entities, public employees, public property, or public transportation require fast action since a claim must be filed within 6 months.
You should not wait until the deadline is close. Evidence can disappear quickly, and delays can make the claim harder to prove.
Why Choose The Hassell Law Group?
The Hassell Law Group represents seriously injured pedestrians throughout San Francisco and the Bay Area. Our firm has more than 90 years of combined legal experience helping injured pedestrians and their families recover compensation.
Our pedestrian accident results include:
- $4.5 million for a pedestrian hit in a San Francisco crosswalk who suffered a traumatic brain injury
- $1.75 million for the family of an elderly pedestrian killed on a sidewalk by a trailer that came loose from a commercial vehicle
- $1.5 million for a 76-year-old pedestrian hit and injured while crossing the street outside of a crosswalk
- $1.5 million for a 12-year-old pedestrian crossing against a light and struck by a speeding teenage driver
- $1 million for a pedestrian under the influence of alcohol who was seriously injured after being hit by a truck at night while crossing outside a crosswalk
- $998,000 for father and son pedestrians injured by a negligent tow truck driver
- $925,000 for the daughter of an elderly woman hit by a bus
These examples show why pedestrian accident case value depends heavily on the injuries, liability facts, insurance coverage, and quality of legal representation.
How Much Compensation Can I Get For A Pedestrian Accident? The Bottom Line
The amount of compensation you can get for a pedestrian accident depends on your injuries, medical treatment, lost income, future medical needs, pain and suffering, fault issues, and available insurance coverage.
There is no reliable “average” settlement that applies to every case. A serious pedestrian accident claim must be evaluated based on the specific facts and merits of the actual case.
Before accepting any settlement, make sure the offer accounts for your past losses, future losses, and the full impact of the accident on your life.
Speak With A San Francisco Pedestrian Accident Lawyer Today
If you or a loved one was hit by a car while walking in San Francisco, Oakland, Berkeley, Daly City, San Mateo, Fremont, Hayward, Richmond, Walnut Creek, Santa Cruz, or anywhere in the Bay Area, The Hassell Law Group is ready to help.
Call us today at (415) 334-4111 for a free consultation. You pay no attorney’s fees unless we recover compensation for you.
FAQ: Pedestrian Accident Compensation
What is the average settlement for a pedestrian hit by a car?
There is no reliable average settlement that applies to every pedestrian accident case. Compensation depends on the severity of the injuries, medical bills, lost income, pain and suffering, fault, and insurance coverage available.
Can I recover compensation if I was partly at fault?
Yes. You may still recover compensation if you were partly at fault. Your recovery may be reduced by your percentage of responsibility.
What damages can I claim after a pedestrian accident?
You may be able to claim medical bills, future medical care, lost wages, loss of earning capacity, pain and suffering, emotional distress, permanent disability, scarring, and loss of enjoyment of life.
Do serious injuries increase pedestrian accident compensation?
Yes. Serious injuries such as traumatic brain injuries, fractures, surgery, spinal injuries, permanent disability, and wrongful death usually increase the value of a pedestrian accident claim.
Does insurance coverage affect how much I can recover?
Yes. Available insurance can affect the amount that can actually be recovered. A lawyer can investigate auto insurance, commercial coverage, employer insurance, umbrella coverage, and uninsured or underinsured motorist coverage.
Should I accept the insurance company’s first offer?
Usually, you should be cautious. First offers are often low and may not include future medical care, lost income, pain and suffering, or long-term damages. Speak with a lawyer before accepting a settlement.
The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
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