If an irresponsible driver crashed into you or someone dear to you in Los Angeles, you’re probably in pain, shaken, and asking questions you didn’t expect to ask. In case things turn sideways to you as you are recovering from injuries you’d never have imagined sustaining and dealing with the loss of someone that you’d never expected to lose, then you should seek legal advice. This then means you need to know your rights and pursue pedestrian injury compensation from a competent pedestrian accident law firm in California.
Now, back to the normal price for settling a pedestrian injury case in California. There is no answer to that very broad question. For some pedestrians, their injury settlements can be as low as $15,000. In some cases, it can be well over a million dollars, such as permanent disability or wrongful death cases.
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How Harsh is the Reality About Pedestrian Accidents and Pedestrian Injury Compensation in California?
The scope of the problem is enormous. According to the LA Department of Transportation, pedestrian deaths constitute a significant percentage of all traffic fatalities. Pedestrian injury becomes prominent in neighborhoods, especially at intersections with designs that favor the car over the pedestrian.
Between 1999 and 2008, according to statistics, more than 1,100 pedestrians lost their lives in California, with over 100 fatalities every year. Hundreds more suffered injuries ranging from temporary to permanent. The streets have even become known as landmarks of pedestrian collisions. Fast-moving traffic on wide roads and poorly visible crosswalks only make conditions worse. Put plainly, the roads are not built with walkers in mind—and when they aren’t, the consequences of such neglect hold grave implications for pedestrians seeking pedestrian injury compensation.
A Compensation for a California Pedestrian Accident
How much would you really expect to get if a car hit you? As mentioned before, anywhere from $15,000 to more than $1 million. However, the real answer changes on a couple of very relevant factors:
The Severity of Your Injuries
The greater the injury, the higher the possible reward. When pursuing pedestrian injury compensation, a foot fracture case will usually settle between $50,000 and $150,000. A case involving a traumatic head injury or permanent spinal damage is likely to settle or be awarded well in excess of $1 million. This is a simplified range showing how different types of injuries correlate to payout amounts. Keep in mind that while this guideline offers a general starting point, many factors can shift the value up or down and ultimately influence the final amount you may be entitled to.
Your Economic Damages
Economic damages will address, in monetary terms, the more tangible losses. These typically cover:
- Emergency medical care: Ambulance rides, ER visits, and surgery.
- Subsequent medical expenses: Follow-up care, rehabilitation, physical therapy, medications, and specialist consultations.
- Lost income: If you miss work due to your injury, your lost wages are recoverable.
- Loss of earning capacity: if you cannot return to your former job due to a long-term disability.
- Damage to property: Clothing, electronics, or items broken during the accident.
- Out-of-pocket expenses: Travel for treatment, household medical devices, wheelchair ramps, etc. In some instances, victims may also be forced to pay for long-term care, and this will be included in the calculation of damages.
Non-Economic Damages
Non-economic possesses a kind of subjectivity, but one, nonetheless, very real:
- Pain and suffering: physical pain or discomfort resulting from the injuries
- Emotional distress: anxiety, depression, or trauma suffered in connection with the accident
- Loss of enjoyment of life: inability to engage in leisure pursuits or activities once enjoyed
- Disfigurement or scarring: permanent alteration of one’s appearance
- Loss of companionship: effects on family and intimate relationships
The Wrongful Death
This refers to your right to file a separate wrongful death claim if a loved one dies in an accident involving a pedestrian. Recoverable damages from a wrongful death claim may include:
- Funeral and burial expenses.
- Loss of financial support that the deceased would have provided.
- Loss of companionship, love, and guidance.
- Emotional pain and suffering are endured by the surviving spouse, children, or dependents.
There is no doubt that wrongful death cases rank among the most valuable kinds of claims because of the irreparable loss and its far-reaching consequences on the surviving family members.
A Punitive Damages
Unlike every other compensation, punitive damages serve not to compensate you for your losses. They are to punish the driver for extreme recklessness or intentional misconduct. They may apply in pedestrian accident cases when the driver:
- Was drug or alcohol-impaired.
- Fled the scene of an accident.
- Came into the knowledge that a reckless or aggressive manner of driving was deliberately minimized.
These damages seldom happen; however, they do send a loud message that gross negligence or criminal disregard for the lives of others on the road should not be tolerated by society. While they are not awarded in every case, their existence can vastly increase the total somewhat.
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What Is the Average Settlement for a Pedestrian Accident in California for Pedestrian Injury Compensation?
- Minor injury claims (e.g., bruises, sprains): $15,000 – $50,000
- Moderate injuries (e.g., broken bones, surgery): $75,000 – $200,000
- Severe injuries (e.g., TBI, paralysis): $300,000 – $1 million+
- Hit-and-run claims (with punitive damages): $100,000 – $2 million
Final Thoughts
California was never built for pedestrians; vehicles surround you, and in every accident, the pedestrian pays the price. You may feel minor pains and overwhelming stress and be unable to fight through a legal system that seems stacked against you after an accident. Pedestrian injury compensation becomes vital during this time. You need someone who can challenge all the insurance companies, calculate future losses accurately, and aggressively fight to get you the maximum compensation you deserve.
Call Tenina Law today for a free consultation, or fill out our easy online form. Let’s discuss your situation and get the wheels turning to reclaim your life.
Frequently Asked Questions About Compensation for Pedestrian Accidents
What Is the Time Limit for Filing a Pedestrian Accident Claim in California?
California provides two years from the date of the accident that caused the injury. If the person you intend to sue is a government entity, a claim against the government must be filed within six months. There may be other exceptions in the statute of limitations that can bar or otherwise lengthen the time in your instance, so it is really vital to talk with an injury attorney who could explain and protect your rights.
What Happens in Situations When I Jaywalk or Am Partially Culpable?
Accidents will always have multiple causal factors. Either way, California’s pure comparative negligence rule allows the pedestrian to recover damages in accidents where he/she was somewhat responsible. Reduced compensation would emanate from any amount recovered by him on any side proportionate to his percentage of fault, and disputes of this sort would be held very complicated.
Do I Get Compensated for Injuries From a Runaway Driver?
Yes. In such cases, in case of a hit-and-run, victims can go to court claiming uninsured/underinsured motorist (UM/UIM) coverage if the taxi driver is unidentified. Depending on the specifics of your case, other avenues may be available, so you should definitely contact a pedestrian accident lawyer.
