When determining a settlement amount for a pedestrian hit by a car, many factors come into play, including the impact of injuries on their lives and their degree of fault since New York is a pure comparative negligence jurisdiction. The New York State Department of Health (NYSDOH) reports that injuries to pedestrians rank among the top 10 leading causes of hospital admissions and deaths across various age groups in the state.
If you’ve been hurt in a pedestrian accident, Friedman, Levy, Goldfarb, Green & Bagley, P.C., can help. We are one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients and believe all people are entitled to competent, trustworthy, and aggressive legal representation. Schedule a free consultation today.
What Factors Influence Pedestrian Settlements?
Establishing liability and proving negligence are crucial steps in determining the settlement amount. It involves thoroughly evaluating the actions and responsibilities of all parties to identify who is at fault. The settlement amount typically increases if the driver is deemed negligent—such as speeding, distracted driving, or driving under the influence.
On the other hand, if the pedestrian is found to share some of the blame, e.g., jaywalking, compensation may be reduced according to New York’s pure comparative negligence standard. Other factors include the following:
Insurance Coverage
In New York, drivers must have a minimum insurance coverage of at least $25,000 per person and $50,000 per accident for bodily injury liability. It covers accident-related expenses regardless of fault. However, it may not cover all costs in a serious accident. Individuals can sue the negligent driver when expenses and damages exceed policy limits. If the driver is uninsured, accident victims can rely on uninsured motorist (UIM) coverage.
Average Pedestrian Settlement Figures
Determining an exact average settlement figure for pedestrian accidents can be challenging due to the unique nature of each case. However, considering data from past settlements provides insights into the potential compensation range.
Moderate Injuries
Pedestrian accidents resulting in moderate injuries such as fractures, concussions, or soft tissue injuries may lead to settlements ranging from tens of thousands to hundreds of thousands of dollars. These injuries often require more extensive medical treatment and long-term rehabilitation and may result in temporary disability or long-term impairment.
Severe Injuries
Cases involving severe injuries such as traumatic brain injury (TBI), spinal cord injury (SCI), amputations, or severe orthopedic injuries can result in settlements ranging from hundreds of thousands to millions of dollars. These injuries often require extensive medical care, long-term rehabilitation, and assistive devices and may lead to permanent disability or impairment, significantly impacting the victim’s quality of life.
Wrongful Death
In cases where a pedestrian accident results in the death of the victim, settlements may vary widely depending on factors such as the victim’s age, earning capacity, dependents, and the circumstances of the accident. Settlements for wrongful death claims can range from hundreds of thousands to millions of dollars, covering damages such as funeral expenses, loss of financial support, and compensation for the emotional suffering of surviving family members.
How Pure Comparative Negligence Affects Your Compensation
New York is a pure comparative negligence jurisdiction. This standard determines the settlement amount or jury award for pedestrian accidents. Compensation is proportionate to the level of fault assigned to each party. If you are found partially at fault for the accident, your compensation may be reduced accordingly.
For example, if an investigation determines that you were jaywalking while the driver was speeding, both parties may be deemed to share fault. If you are found to be 30 percent at fault for the accident, your settlement amount may be reduced by that percentage.
What To Do Following a Pedestrian Accident
Knowing what to do after a pedestrian accident can make a significant difference in the outcome of your case.
- Prioritize your well-being. Get medical attention immediately, even if your injuries seem minor. Remember, adrenaline can mask pain, and what appears as a bump or bruise could develop into something more serious later. Additionally, your medical records will show the extent and severity of your injuries, which is critical for seeking compensation for medical expenses and other damages.
- Call the police and make sure to get a copy of their report.
- If there are witnesses, collect their information, such as phone number and email address.
- If you can, take photos or videos of the accident scene, including any visible injuries, vehicle damage, road conditions, and traffic signs. These visual records can provide invaluable evidence to support your claim later.
.
Finally, consult an experienced pedestrian accident lawyer to advise you on your rights and options.
How a Pedestrian Accident Attorney Can Help
Pedestrian accidents are complex. To have the best chance at success, you need a law firm that can leverage its experience and resources for a successful outcome. Here is how we can assist you:
Negotiating with the Insurance Company
Our attorneys are experienced negotiators who know how to deal with insurance adjusters effectively and counter their bad-faith tactics and low-ball offers. We present solid and clear arguments that show the full extent of our client’s injuries, how these injuries have impacted their life, and the legal reasons why the other party is at fault.
Obtaining Evidence
We excel in gathering compelling evidence to support your claim. This may include obtaining accident and medical reports, video or dashcam footage, traffic data from GPS and navigation services, subpoenaing cellphone records, collecting witness statements, and obtaining expert opinions.
Minimizing Fault
Our team works diligently to minimize any allegations of fault. We thoroughly analyze the circumstances of the accident, assess the degree of liability, and develop strategies to present your case in the most favorable light.
Representation in Court
Litigation may be necessary if negotiations fail to result in a fair settlement. Our attorneys are experienced litigators who will represent your interests in court. By presenting evidence, cross-examining witnesses, and arguing on your behalf, we work to recover the compensation for your damages and losses.
Schedule a Free Consultation
If you or a loved one were injured in a pedestrian accident, contact a New York Pedestrian Accident Lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C for a free, no-obligation consultation. We operate on a contingency basis, meaning you will not owe attorney’s fees unless we win compensation for your case.
