Pedestrian Accident Settlements: What to Do When You're Hit by a Car

Understanding the Reality of Pedestrian Accidents

When a human being is struck by a multi-ton vehicle, the results are almost always catastrophic. Unlike drivers, pedestrians have no roll cages, no airbags, and no crumple zones to absorb the impact. Consequently, pedestrian accident claims often involve high-stakes litigation because the medical costs and lifestyle changes associated with these injuries are immense. If you or a loved one has been hit by a car, understanding your legal rights is the first step toward securing the compensation required for recovery.

Pedestrian accident settlements are designed to restore the victim—as much as money can—to the state they were in before the accident. This involves accounting for medical bills, lost wages, and the intangible toll of pain and suffering. However, navigating the legal system while recovering from serious trauma can be overwhelming. This guide provides a comprehensive roadmap for victims, from the immediate aftermath of a collision to the final negotiation of a settlement check.

Immediate Steps to Take After Being Hit by a Car

The moments following a pedestrian accident are chaotic, but the actions you take can significantly impact your physical health and your eventual legal claim. If you are physically able, or if you have someone with you, the following steps are critical.

Prioritize Medical Attention

Even if you believe your injuries are minor, you must seek medical evaluation immediately. Adrenaline can mask the pain of internal bleeding, organ damage, or traumatic brain injuries. From a legal perspective, a delay in treatment provides insurance companies with an opportunity to argue that your injuries were not caused by the accident or were not as severe as you claim. Obtaining a professional medical record on the day of the incident creates a direct link between the crash and your physical condition.

Contact Law Enforcement

Always call 911 so that a police officer can attend the scene and file an official accident report. This report is a cornerstone of any personal injury claim. It will include the officer’s initial assessment of fault, the contact information for all parties involved, and statements from witnesses. While the police report itself may not always be admissible as evidence in a trial, it is a powerful tool during insurance negotiations.

Gather Evidence at the Scene

If possible, take photographs of the vehicle that hit you, your injuries, the road conditions, any skid marks, and the surrounding traffic signals. Collect the names and phone numbers of any witnesses who saw what happened. Witnesses are often the most objective sources of information when it comes to determining fault in traffic collisions, as they have no financial stake in the outcome of the case.

How Liability is Established in Pedestrian Claims

Establishing liability is the process of proving who was legally responsible for the accident. In the majority of pedestrian cases, the driver is at fault due to negligence. Negligence occurs when a driver fails to exercise a reasonable standard of care, leading to an injury.

The Driver’s Duty of Care

Every driver on the road owes a "duty of care" to everyone else, especially vulnerable road users like pedestrians. This duty includes obeying speed limits, yielding at crosswalks, and remaining vigilant in residential areas. When a driver is distracted by a phone, driving under the influence, or failing to stop at a red light, they have breached this duty. For example, in cases where an Amazon truck runs a red light, the breach of duty is clear, and the commercial entity may be held liable for the resulting damages.

The Pedestrian’s Responsibilities

It is a common misconception that the "pedestrian always has the right of way." While drivers have a heightened responsibility because they are operating dangerous machinery, pedestrians also have a duty to follow traffic laws. Jaywalking, darting into traffic, or ignoring "Don’t Walk" signals can complicate a claim. However, even if a pedestrian is partially at fault, they may still be eligible for compensation depending on the state's negligence laws.

Comparative vs. Contributory Negligence

States follow different rules regarding shared fault. In a "pure comparative negligence" state (like California or Florida), you can recover damages even if you were 99% at fault, though your payout is reduced by your percentage of blame. In "modified comparative negligence" states (like Texas or Illinois), you can only recover if you are less than 50% or 51% at fault. A few states still use "contributory negligence," which bars recovery entirely if the pedestrian contributed even 1% to the accident. Understanding these nuances is vital when calculating a potential car accident settlement.

Calculating the Value of a Pedestrian Accident Settlement

There is no "average" settlement because every case is unique. However, settlement values are generally divided into two main categories: economic and non-economic damages.

Economic Damages

These are the quantifiable financial losses you have incurred. They include:

• Medical Expenses: Emergency room visits, surgeries, hospital stays, physical therapy, and future medical needs.
• Lost Wages: Income lost because you were unable to work during your recovery.
• Loss of Earning Capacity: If your injuries result in a permanent disability that prevents you from returning to your previous career.
• Out-of-Pocket Costs: Transportation to doctors, home modifications, or medical devices like wheelchairs.

Non-Economic Damages

These are subjective losses that do not have a fixed price tag but are often the largest part of a settlement. They include:

• Pain and Suffering: The physical pain and emotional distress caused by the accident.
• Loss of Enjoyment of Life: The inability to participate in hobbies or activities you once enjoyed.
• Loss of Consortium: The impact the injury has on your relationship with your spouse or family.

The Multiplier Method

Insurance companies often use a formula to estimate non-economic damages. They may take your total economic damages and multiply them by a number (typically between 1.5 and 5) based on the severity of your injuries. A pedestrian who suffers a permanent spinal cord injury will receive a much higher multiplier than someone who suffered a broken arm that healed fully in six weeks.

Common Pedestrian Accident Injuries and Their Impact

Because pedestrians are unprotected, the injuries sustained in these accidents are often life-altering. The severity of the injury is the primary driver of a case’s value.

• Traumatic Brain Injuries (TBI): Even low-speed impacts can cause the head to strike the pavement, leading to concussions or permanent cognitive impairment.
• Spinal Cord Injuries: Impact with a bumper or the ground can cause paralysis, requiring a lifetime of specialized care.
• Orthopedic Fractures: Broken legs, hips, and pelvises are extremely common in pedestrian strikes and often require multiple surgeries and hardware.
• Internal Organ Damage: Blunt force trauma can cause internal bleeding or the rupture of the spleen, liver, or kidneys.
• Degloved Skin and Road Rash: Friction against the asphalt can lead to severe skin loss, scarring, and high risks of infection.

Comparing these injuries to other road users, pedestrians often face higher medical costs than those involved in standard auto-to-auto collisions. Similar to motorcycle injury claims, the lack of structural protection leads to a higher frequency of "catastrophic" legal designations, which can unlock higher insurance policy limits.

Dealing with Insurance Companies After an Accident

It is important to remember that the driver’s insurance company is not on your side. Their goal is to settle the claim for the lowest amount possible to protect their profit margins.

The Danger of Early Settlement Offers

Shortly after the accident, an adjuster may contact you with a "quick cash" offer. This is a tactic used to get you to sign a release of liability before you fully understand the extent of your injuries. Once you sign that document, you can never ask for more money, even if you discover you need a surgery six months later. Never accept an offer until you have reached Maximum Medical Improvement (MMI)—the point where your doctor says your condition is unlikely to improve further.

Common Adjuster Tactics

Adjusters may try to record your phone conversations and use your words against you. They might ask, "How are you feeling today?" and if you answer "Fine," they will use that as evidence that you aren't actually injured. They may also scour your social media for photos of you out with friends to argue that your quality of life hasn't decreased. It is best to let an experienced attorney handle all communications with the insurance company.

The Role of Commercial Vehicle Liability

If you were hit by a vehicle being driven for work purposes—such as a delivery van, a semi-truck, or a rideshare vehicle—your case becomes significantly more complex. In these instances, the employer may be held liable under the legal doctrine of respondeat superior (let the master answer).

Commercial claims are often worth more because businesses carry much larger insurance policies than individual drivers. While a private citizen might only carry $50,000 in liability coverage, a commercial trucking company may have policies worth millions. However, trucking accident lawsuits involve aggressive defense teams and strict federal regulations, making it imperative to have professional legal representation.

Special Circumstances: Hit and Runs and Uninsured Drivers

What happens if the driver who hit you flees the scene or doesn't have insurance? These are nightmare scenarios for pedestrians, but there are still avenues for recovery.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

If you own a car and have UM/UIM coverage on your own auto policy, that coverage often extends to you even when you are a pedestrian. Your own insurance company essentially steps into the shoes of the at-fault driver's insurance to pay for your damages. This is a crucial protection that many people overlook.

Personal Injury Protection (PIP) and MedPay

In "no-fault" insurance states, your own PIP coverage will pay for your medical bills regardless of who caused the accident. If you do not own a car or have insurance, some states have special funds to assist pedestrian victims of hit-and-run accidents. Exploring these secondary sources of compensation is a vital part of the recovery process.

Factors That Can Increase or Decrease Your Settlement

Beyond medical bills, several external factors influence the final check amount.

The Severity of Liability

If the driver was egregious—for example, they were drag racing or extremely intoxicated—you may be eligible for "punitive damages." These are intended to punish the defendant rather than just compensate the victim. Conversely, if there is a dispute over whether you were crossing against the light, your settlement may be significantly reduced.

Insurance Policy Limits

This is the most frustrating reality of personal injury law. Even if your case is worth $1 million, if the driver only has a $25,000 policy and no personal assets, you may be limited to that $25,000 unless you can find another liable party (such as a vehicle manufacturer or a local government responsible for a broken traffic light).

The Venue of the Lawsuit

Where your accident happened matters. Some counties are known for being "plaintiff-friendly," where juries routinely award high amounts for pain and suffering. Other jurisdictions are more conservative. Insurance adjusters take the local legal climate into account when making settlement offers.

The Legal Process: From Claim to Compensation

Understanding the timeline of a pedestrian accident claim can help manage expectations. It is rarely a fast process.

1. Investigation: Your legal team gathers the police report, medical records, and expert testimony.
2. Demand Letter: Once you reach MMI, your attorney sends a formal demand to the insurance company outlining the facts of the case and the total damages requested.
3. Negotiation: The insurance company will counter-offer, leading to a period of back-and-forth communication.
4. Litigation: If a fair settlement cannot be reached, a formal lawsuit is filed. This begins the "discovery" phase where both sides exchange evidence.
5. Mediation: Most courts require a neutral third party to try and help the parties settle before going to trial.
6. Trial: If all else fails, the case goes before a judge or jury.

Frequently Asked Questions About Pedestrian Accidents

Can I still get a settlement if I was jaywalking?

Yes. While jaywalking might mean you share some of the fault, it does not automatically disqualify you from compensation. If the driver had enough time to see you and stop, but failed to do so because they were speeding or distracted, they still bear the majority of the responsibility.

How long do I have to file a claim?

This is determined by the "statute of limitations" in your state. In many states, you have two to three years from the date of the accident to file a lawsuit. If you miss this deadline, you lose your right to sue forever. It is important to act quickly to ensure evidence is preserved.

What if I was hit by a government vehicle?

Claims against government entities (like a city bus or a police car) have much shorter deadlines—sometimes as little as 30 or 60 days to file a "Notice of Claim." They also have specific immunity rules, making these cases highly technical.

Should I talk to the driver’s insurance adjuster?

No. You should never give a recorded statement without an attorney present. The adjuster’s goal is to find reasons to deny or devalue your claim.

Why Professional Case Evaluation Matters

Pedestrian accident law is a complex web of traffic statutes, insurance contract interpretations, and medical necessity arguments. Attempting to handle a serious injury claim on your own often results in leaving thousands—or even millions—of dollars on the table.

A professional case evaluation helps you understand the true value of your claim by looking at the long-term impact of your injuries. Specialists can identify liable parties you might have missed, such as a bar that over-served a drunk driver or a municipality that designed a dangerous intersection.

Conclusion: Taking the Next Step Toward Recovery

Being hit by a car is a traumatic, life-altering event. While the physical and emotional recovery is your priority, the financial recovery is what allows you to access the best medical care and protect your family’s future. You do not have to face the insurance companies alone. By understanding the mechanics of pedestrian accident settlements, you are better equipped to advocate for the justice you deserve.

If you or someone you love has been injured in a pedestrian accident, time is of the essence. Obtaining a comprehensive case evaluation can provide clarity on your options and help you determine the best path forward. Don't let an insurance company dictate the value of your recovery. Seek expert guidance to ensure your rights are protected and that you receive every dollar you are entitled to under the law.

Get a free case evaluation today to discover the true value of your pedestrian accident claim.