Average Payout for a Pedestrian Hit By a Car in California
The average payout for a pedestrian hit by a car in California is from $10,000 to up to millions of dollars for more serious injuries. Every claim is guided by the distinct circumstances involved, but this average speaks to how serious pedestrian accidents tend to be.
Consider two of our recent pedestrian accident settlements:
- $2.5 million: A broken foot in Sacramento
- $1.25 million: a TBI in Los Angeles
Your claim settlement will hinge on factors like the following:
- The extent of your damages, including your medical bills, lost income, and pain and suffering
- Your ability to prove your losses, which correlates with seeking the immediate medical attention you need and carefully following your doctor’s advice and instructions
- The strength of your claim, which is based on the scope of the available evidence
- Your ability to prove the motorist’s fault in the matter
The sooner you have savvy legal representation on your side, the stronger your claim will be.
Need help with California pedestrian injury compensation?
Reach out to a capable Torrance pedestrian accident lawyer at Feher Law for the skilled legal counsel you’re looking for.
Damages in a Pedestrian Hit by a Car in a Crosswalk Settlement
In California pedestrian accident cases, your settlement will directly reflect the full spectrum of damages you’ve suffered as a result of the driver’s negligence. These damages are carefully calculated to ensure fair compensation for both immediate and long-term impacts on your life and well-being.
Economic damages form the foundation of your claim, representing tangible financial losses that can be precisely documented, including:
- Medical expenses (emergency care, hospitalization, surgeries, medications, physical therapy)
- Future medical costs for ongoing treatment and rehabilitation
- Lost wages and income during recovery periods
- Diminished earning capacity if injuries affect your ability to work
- Property damage (personal items damaged in the accident)
- Home modifications or accessibility equipment needed due to injuries
- Transportation costs to medical appointments
Non-economic damages address the profound personal impacts that don’t have specific dollar values but often represent the most significant losses, including:
- Physical pain and suffering
- Emotional distress and psychological trauma
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium (impact on spousal relationships)
- Reduced quality of life
In cases involving extreme negligence or intentional misconduct, California law may also permit punitive damages designed to punish the at-fault party and deter similar behavior.
Unlike many states, California places no cap on compensatory damages in pedestrian accident cases, allowing for full recovery based on the specific circumstances of your case and the profound impact the accident has had on your life.
Additional reading: average settlement for car accident back and neck injury in California
Pedestrian hit in a crosswalk settlement average
The average pedestrian hit in a crosswalk settlement is estimated at $75,000 nationally for less serious incidents, but this can vary dramatically depending on the severity of the victim’s injuries.
It’s important to note here that every pedestrian accident claim is a serious claim that is important to the victim’s future. Once the losses relate to life-altering consequences, however, the stakes are much higher, and the settlements increase accordingly.
You’re never more vulnerable to the impact of an accident than when you are on foot, and settlement amounts reflect this fact.
Additional reading: pedestrian hit by a car: what to do
How to maximize pedestrian accident compensation
Your pedestrian accident claim will be specific to your situation, but there are things everyone in your difficult position can do to help maximize the amount of compensation they receive:
- Obtain the immediate medical attention you need.
- Consult with a seasoned personal injury lawyer at your first opportunity.
- Carefully follow your medical team’s guidance throughout the process.
- Remember that the insurance company handling your claim is invested in keeping your settlement low, so let your trusted law firm do the communicating and the negotiating with them.
- Take a break from social media for the same reason as above.
- Don’t accept an early settlement offer – which is very likely an attempt to resolve your claim before you recognize exactly how serious your losses are – without your attorney’s guidance.
An experienced San Bernardino pedestrian accident lawyer at Feher Law will skillfully assess your losses, build your strongest claim, and fiercely pursue the compensation you deserve.
Key Factors Influencing Pedestrian Accident Settlements in California
1. Matter of Fault and Liability
Pedestrian accident cases are fundamentally based on proving negligence. In California, the state’s comparative negligence law means that compensation can be reduced by the pedestrian’s percentage of fault in the accident. For example, if you’re found 20% responsible for the accident, your compensation will be reduced by that same percentage.
California particularly favors pedestrians by granting them the right of way in intersections, which can strengthen liability claims against motorists. This legal advantage often results in higher settlements when drivers fail to yield appropriately. The
California Vehicle Code Section 21950 specifically addresses pedestrian right-of-way in crosswalks, creating a strong presumption in favor of pedestrians who are lawfully using marked crosswalks.
2. Severity of Injuries
The extent of injuries directly impacts settlement amounts in pedestrian accident cases. Minor injuries typically result in settlements ranging from $15,000 to $50,000, covering basic medical treatment and short-term recovery periods. These might include sprains, minor fractures, or soft tissue injuries requiring limited medical intervention.
More severe injuries such as spinal cord damage, traumatic brain injuries (TBIs), or permanent disabilities can lead to substantially higher compensation, often exceeding $100,000 and potentially reaching $500,000 to $1,000,000 or more. Our recent settlements reflect this range, including a $2.5 million settlement for a broken foot in Sacramento and $1.25 million for a TBI in Los Angeles.
3. Strength of the Evidence
The quality and comprehensiveness of your evidence directly correlate with settlement amounts. Strong evidence makes it difficult for insurance companies to dispute your claim, leading to more favorable outcomes.
Valuable evidence includes:
- Police reports and traffic citations
- Photographic and video evidence from the scene
- Eyewitness testimony
- Medical documentation detailing injuries
- Expert testimony regarding long-term prognosis
- Income statements proving lost wages
Don’t leave your pedestrian accident claim to chance. At Feher Law, our experienced pedestrian accident attorneys know how to gather, preserve, and present compelling evidence that maximizes your compensation. Contact us today for a free consultation and let us start building your strongest case immediately. The sooner you reach out, the more effectively we can secure the critical evidence needed to protect your rights and secure the settlement you deserve.
4. Economic and Non-Economic Damages
Settlements encompass both tangible economic losses and intangible non-economic impacts, with each category significantly influencing final payout amounts.
Economic damages include:
- Current and future medical expenses
- Lost wages and diminished earning capacity
- Property damage
- Rehabilitation costs
- In-home care expenses
Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement. In California, there’s no cap on non-economic damages in most personal injury cases, allowing for substantial compensation that often exceeds economic damages when injuries are severe or permanent.
5. Insurance Coverage Limitations
The at-fault driver’s insurance policy limits can significantly impact your settlement amount. California only requires drivers to carry minimum liability coverage of $15,000 per person and $30,000 per accident for bodily injury—often insufficient for serious pedestrian accidents.
When damages exceed available insurance coverage, your attorney may explore additional options including:
- Underinsured motorist coverage from your policy
- Multiple insurance policies if several parties share liability
- Personal assets of the at-fault driver (in cases of extreme negligence)
The California Department of Insurance reports that approximately 16% of California drivers are uninsured, further complicating compensation in pedestrian accidents.
6. Quality of Legal Representation
The expertise and reputation of your legal representation significantly impact settlement outcomes. Experienced pedestrian accident attorneys understand how to properly value claims, gather compelling evidence, and negotiate effectively with insurance companies.
Having formidable legal counsel enables a thorough investigation of your accident, proper documentation of all losses, and strategic negotiation tactics that insurance companies take seriously.
7. Victim's Pre-Existing Conditions
Pre-existing medical conditions can complicate settlement negotiations, as insurance companies often attempt to attribute current symptoms to prior conditions rather than the accident.
An experienced attorney can help differentiate between:
- New injuries caused entirely by the accident
- Pre-existing conditions worsened by the accident (compensable under the “eggshell plaintiff” doctrine)
- Unrelated conditions that should not affect your claim
Medical documentation establishing your baseline health before the accident becomes particularly important in these cases, often requiring expert medical testimony to establish causation.
8. Location of the Accident
Geographic location within California can impact settlement amounts, with urban areas like Los Angeles, San Francisco, and San Diego typically seeing higher average settlements than rural regions.
This variation reflects several factors:
- Higher cost of living and medical care in metropolitan areas
- Different jury verdict tendencies by county
- Local traffic patterns and pedestrian infrastructure
- Municipal liability considerations for poorly maintained walkways
A study by the California Office of Traffic Safety found that pedestrian fatalities in Los Angeles County were 15% higher than the state average, reflecting the increased dangers and corresponding higher settlements in urban environments
Statistics on Pedestrian Accidents
The pedestrian accident landscape in California remains concerning, with national CDC data revealing that over 8,000 pedestrians were killed on U.S. roads in 2022—approximately one death every 64 minutes. This represents about one-fifth of all crash fatalities nationwide, underscoring the disproportionate vulnerability of pedestrians in traffic accidents.
In California specifically, the Office of Traffic Safety reports pedestrian fatalities increased by 9.4% in a recent year, outpacing the overall traffic fatality increase of 7.6%. Los Angeles County statistics are particularly alarming—pedestrians and cyclists account for only 13% of all auto accidents but represent nearly 38% of all traffic fatalities, with related medical costs exceeding $60 million according to the most current available data.
Key risk factors contributing to these statistics include:
- High-speed urban roads (60% of pedestrian deaths occur on roads with 45-55 mph speed limits)
- Alcohol involvement (nearly half of all pedestrian fatalities involve alcohol)
- Vehicle size (SUVs cause more severe injuries due to greater weight and larger profile)
- Age (adults 65+ represent 22% of pedestrian deaths while comprising only 17% of the population)
At Feher Law, our recent pedestrian accident claims average $1.88 million, including a $2.5 million settlement for a broken foot and $1.25 million for a serious TBI—reflecting the severe nature of these accidents and the substantial compensation they often warrant.
Our recent pedestrian accident claims weigh in at an average of $1.88 million, including a settlement of $2.5 million involving a broken foot and a settlement of $1.25 million involving a serious TBI.
We’ll get you the maximum compensation you deserve for getting hit by a car
At Feher Law, we appreciate exactly how difficult it is for pedestrian accident victims to overcome their losses – and we spare no effort in our focused advocacy for settlement payouts that support our clients’ rights and their rightful compensation.
Our knowledgeable pedestrian accident attorneys dedicate their impressive practice to helping clients like you – who’ve suffered serious accident injuries – on the challenging path toward regaining their health and well-being.
If you’ve been injured in a pedestrian accident in California, you need a formidable personal injury attorney at Feher Law in your corner. We have the legal skill and insight to build your strongest claim and skillfully pursue its optimal outcome, so please don’t put off reaching out and contacting us for more information today.
Key Takeaways on the Average Settlement For a Pedestrian Hit By a Car in California
The average settlement for a pedestrian hit by a car in California ranges from $10,000 for minor injuries to several million dollars for catastrophic injuries, with our firm’s recent cases averaging $1.88 million. This significant compensation reflects the severity of pedestrian accidents and the substantial damages victims often suffer when completely unprotected from vehicle impacts.
Key factors influencing settlement amounts include:
- Injury severity (minor injuries: $15,000-$50,000; severe injuries like TBIs: $500,000-$1,000,000+)
- Liability circumstances (California’s comparative negligence law may reduce compensation)
- Quality of evidence and documentation
- Economic damages (medical bills, lost wages) and non-economic damages (pain and suffering)
- Insurance coverage limitations (California’s minimum requirement is only $15,000 per person)
- Location within California (urban accidents typically yield higher settlements)
- Victim demographics (age and pre-existing conditions can impact compensation)
For the best outcome, victims should seek immediate medical attention, follow treatment plans diligently, consult with an experienced pedestrian accident attorney promptly, and avoid early settlement offers that may undervalue long-term damages.
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FAQs
Most pedestrian accident cases in California settle within 6-18 months, though complex cases involving severe injuries may take 2+ years. The timeline depends on factors including injury severity, treatment duration, insurance cooperation, and case complexity.
Key timeline factors include:
- Medical treatment completion (typically needed before settlement)
- Insurance company investigation period (2-6 months)
- Negotiation phases (can range from weeks to months)
- Litigation processes if settlement isn't reached
- Court schedules and availability in your jurisdiction
Pain and suffering compensation in California pedestrian accidents typically ranges from 1.5 to 5 times your economic damages for moderate injuries, while severe or permanent injuries may warrant multipliers of 5 to 10 or higher. Unlike some states, California imposes no statutory cap on pain and suffering damages in most personal injury cases.
Factors affecting pain and suffering awards include:
- Injury severity and permanence
- Impact on daily activities and quality of life
- Duration and intensity of physical pain
- Psychological effects including anxiety, depression, or PTSD
- Strength of medical documentation and expert testimony
- Effectiveness of personal testimony about life impacts
Yes, pedestrians can be found partially or fully at fault in California accidents under the state's comparative negligence system. While California law generally favors pedestrian protection and drivers must exercise due care, pedestrians who jaywalk, cross against signals, enter roadways while intoxicated, or otherwise act negligently can share liability.
When a pedestrian is partially at fault, their compensation is reduced by their percentage of blame—for example, a pedestrian found 30% responsible would receive 70% of the calculated damages. This determination comes from evidence including traffic camera footage, witness statements, police reports, and expert testimony analyzing factors like visibility, reaction time, and traffic conditions at the time of the accident
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