While all forms of accidents are unfortunate, pedestrian crashes can be particularly hard to deal with. People walking around don't have anything to shield them, which means that they suffer direct damage during these incidents.
Thankfully, there is a personal injury claim process that allows these victims to be compensated for the serious injuries they may sustain.
What would such an amount look like? There's a lot that goes into answering that question, and thankfully, all the details are below.
Understanding Pedestrian Accidents and Settlements
Definition of a Pedestrian Accident Settlement
This principle refers to a payment made to a pedestrian who has been injured in an accident involving a vehicle.
The funding is intended to compensate the victim for their injuries, medical bills, lost wages, and other related damages.
Arriving at a fair figure can be a complex process, which requires the expertise of a qualified attorney. T
Importance of Seeking Fair Compensation in Pedestrian Accidents
When a pedestrian accident happens, it often creates a situation in which the victim's life is turned upside down. Suddenly, they may not be able to work, which means income is an issue. The injured party may not even be able to move around anymore. Throw in the medical expenses, and it becomes a nightmare.
Pedestrian accident claims allow these people to be able to function as normally as possible, given their circumstances. Our team can also help when determining how bicycle accident settlements are calculated in NY.
Types of Compensation for Pedestrian Accident Victims
Economic Damages
Economic damages refer to the financial losses suffered by a pedestrian as a result of an accident. Some of the typical ones are medical expenses, lost wages, and property damage.
Non-economic Damages
These are the non-financial losses incurred after the crash. These include pain and suffering, loss of enjoyment, and emotional distress. As these are more ambiguous, calculation will require the expertise of a qualified attorney. They can also explain how this is similar when figuring out how construction accident settlements are calculated in NY.
Punitive Damages
Punitive damages are intended to punish the at-fault driver for their negligence or recklessness. They tend to be awarded in cases where the defendant's behavior was intentional or exceptionally reckless.
Though they are not rooted in redress, they can be a significant portion of a pedestrian accident settlement.
Factors That Influence Pedestrian Accident Settlement Amounts
Severity of Injuries
The extent of a pedestrian’s injuries can significantly impact the amount they are awarded. More severe injuries can result in higher settlement amounts.
Typically, the amount of medical treatment required and the impact the crash has on the pedestrian’s daily life will be considered for classification. This is just one reason why it is important to seek medical attention immediately when an accident occurs.
Insurance Coverage
The amount of insurance coverage available can impact the value of a pedestrian accident settlement. In New York, drivers are required to carry a minimum amount of liability coverage.
Since the negligent party's insurance company will usually be responsible for the compensation, the applicable policy will factor into what is recoverable. For more information, hire our law firm.
Comparative Negligence
Comparative negligence refers to the principle that a pedestrian’s reckless actions can impact the amount they may receive.
In New York, pedestrians who are found to be partially at fault for an accident may have their settlement reduced.
While the explanation provided here is simple, the principle is quite complex in practice, which is why the services of a qualified personal injury lawyer are all but mandatory.
Calculating Damages in Pedestrian Accident Cases
Medical Expenses and Lost Wages
Medical expenses can be significant components of a pedestrian accident settlement. Such costs can include the charges for hospitalization, surgery, and rehabilitation.
Lost wages refer to the amount of income that is now unobtainable because of the accident. Note that the average settlement process will typically consider current and future losses.
Pain and Suffering
This is another component that people underestimate, simply because it does not have a defined price tag. However, large percentages of settlement amounts will sometimes come from covering the anguish a plaintiff suffers.
Pain and suffering can be calculated based on the severity of the pedestrian’s injuries and the impact on their daily life. It is a unique aspect of each case, and its calculation can only be carried out by an experienced pedestrian accident attorney.
Property Damage
The effects of pedestrian accident injuries only account for a part of the compensation picture. Property damage can be also a component of a settlement. Thanks to the crash, there may be a need to repair or replace personal possessions. These costs are to be covered by the defendant.
Determining Liability in Pedestrian Accidents
Driver of the Vehicle
The driver of the vehicle is the one people would typically expect to be held liable for an accident in which a pedestrian is a victim. This is because the driver’s negligence or recklessness will often be the key catalyst that led to the crash.
Vehicle Owner
What many people don't realize is that the driver and the pedestrian can both bear no liability. In some cases, the vehicle owner may be to blame. For example, the owner will usually be responsible for ensuring that the vehicle is maintained. Imagine a situation in which that responsibility was neglected and a mechanical fault led to the crash. This may mean the owner is the one who must compensate the victim.
Government Entities
Even government entities can be held liable for a pedestrian accident. Remember that they are responsible for safe roads and sidewalks. Failure to maintain acceptable road conditions could mean that they are the ones who will need to bear the expenses associated with the injuries suffered.
The Impact of Car Accident Statistics on Pedestrian Accident Settlements
Statistics provide a lot of historical data that will be used to decide what a fair settlement looks like. Many people have been hit by a car. This means there is extensive data for doctors, attorneys, and victims to review. It is this information that will provide insights into the impact of injuries, how much an injured party's life will change, allocation of fault, etc.
Maximizing a Pedestrian Accident Settlement
Importance of Hiring a Pedestrian Accident Attorney
It is almost impossible to pull off successfully filing a claim and getting a proper settlement without the assistance of an accident lawyer. The biggest problem is the sheer complexity of the law. There is simply no grasping what applies and what doesn't without a professional.
What kinds of actions jeopardize settlements? Which entitlements apply? How are the non-economic damages valued? These are just a few of the elements that are best left in the hands of a skilled attorney.
Common Challenges in Pedestrian Accident Cases
Lack of Evidence
A lack of evidence can be particularly problematic. This is especially true if the pedestrian is unable to collect any at the scene of the accident. Additionally, some people wait so long to file their claims that the integrity of evidence becomes disrupted.
Pre-existing Conditions
Pre-existing conditions can impact the amount of compensation available to pedestrians. It is very hard to say that the accident is responsible for something that the victim had been ailing with long before the crash even happened. The legal process is meant to compensate people exclusively for circumstances that exist because of the incident.
Low Settlement Offers
Low settlement offers can be unfair and may not provide adequate compensation for pedestrians. A skilled accident attorney will help clients negotiate a fair settlement with the at-fault driver’s insurance company.
Responding to a Low Settlement Offer
Understanding the Offer
The negligent party's insurance company is almost guaranteed to lead with an offer that far undervalues the damages. Understanding what has been put forward is critical in responding to it. This responsibility will typically be offloaded to the attorney.
Filing a Lawsuit
Filing a lawsuit will usually be a last resort in responding to a low settlement offer. While most settlements happen out of court, sometimes the negligent party will not agree to a fair amount without the matter being taken to trial.
A pedestrian accident attorney can help clients file a lawsuit and seek compensation through the court system. This process can result in a higher settlement amount.
Tips for Pedestrians Seeking Compensation
Seeking Medical Attention
Medical attention can provide pedestrians with the necessary treatment for their injuries. Additionally, it creates documentation that is often needed to prove the impact of the accident.
Documenting the Accident
Documentation can include photos, videos, and witness statements. While a lawyer will help with case building, what the victim can collect at the scene is crucial since the circumstances cannot be perfectly reproduced.
Avoiding Social Media
Social media can be used as evidence against victims. For example, people will often want to let their loved ones and followers know that they are not doing badly. The intention is to alleviate worry. However, the defendant will often use this to argue that the plaintiff is not terribly affected.
Schedule a Free Consultation with a Strong-willed NY Personal Injury Attorney Today!
Were you injured in an accident because of a negligent driver? You may be entitled to compensation! The Law Office of Carl Maltese is here to fight alongside you. Schedule a free consultation with us today!