Personal Injury Attorneys – In Partnership With Calhoun Meridith
The Impact of Various Factors on Your Settlement for a Pedestrian Accident
Pedestrian accidents are unfortunate and can cause serious injuries and even fatalities. When pedestrians are involved in an accident, they may be entitled to compensation for medical bills, lost wages, and other damages. However, the compensation received in a pedestrian accident settlement can vary greatly depending on several factors.
In this blog post, we will discuss the factors that can affect the settlement amount in a pedestrian accident case. Understanding these factors is important for anyone involved in a pedestrian accident and seeking compensation. By clearly understanding the various factors that impact a settlement amount, you can work with your attorney to build a strong case and negotiate a fair settlement.
Some factors affecting a pedestrian accident settlement include liability, injuries sustained, insurance coverage, legal representation, etc. Let’s take a closer look at these factors and how they can impact the outcome of a pedestrian accident settlement.
Liability Factors :
Determining fault in a pedestrian accident is critical in determining the settlement amount. Liability refers to the legal responsibility for the accident, which can be attributed to one or multiple parties involved. Here are some factors that can impact liability and settlement amount:
Comparative negligence:
In some cases, the pedestrian and the driver may share fault for the accident. Comparative negligence is the legal principle that assigns a percentage of fault to each party involved in the accident. The settlement amount may be reduced based on the percentage of fault assigned to the pedestrian. For example, if the pedestrian is found to be 25% at fault for the accident, their settlement amount may be reduced by 25%.
Evidence:
The evidence collected at the accident scene, including eyewitness accounts, police reports, and video footage, can impact liability and the settlement amount. The settlement amount may be higher if the evidence strongly supports the pedestrian’s claim that the driver was at fault.
Contributory negligence laws:
Some states have contributory negligence laws that prevent pedestrians from recovering any damages if they are found to be even 1% at fault for the accident. In such states, it is crucial to have a strong legal team that can build a compelling case to prove that the pedestrian was not at fault.
Faulty equipment:
Suppose faulty equipment, such as a malfunctioning traffic light or a defective car part, contributed to the accident. In that case, liability might be attributed to the manufacturer or the responsible party maintaining the equipment.
Injury Factors
Some of the key factors that can affect your pedestrian accident settlement are:-
The severity of your injuries:
The severity of your injuries will significantly impact the compensation you receive. If your injuries are severe and long-lasting, you may be entitled to a larger settlement than if your injuries are minor.
The extent of your medical expenses:
The amount of compensation you receive will also depend on the extent of your medical expenses. You may be entitled to a larger settlement if you require extensive medical treatment and ongoing care.
The impact on your ability to work:
If your injuries have affected your ability to work, you may be entitled to compensation for lost wages and future earning potential.
The availability of insurance coverage:
The amount of insurance coverage available will also impact your settlement. If the driver who caused the accident has limited insurance coverage, you may not be able to recover as much compensation.
The experience of your attorney:
The experience and expertise of your attorney can also impact your settlement. An experienced attorney can negotiate a higher settlement on your behalf.
Insurance Factors
The injuries can be severe and life-changing when a pedestrian is involved in an accident. In such cases, seeking compensation for the damages is necessary to cover medical bills, lost wages, and other related expenses. However, the amount of compensation can vary depending on several factors that affect the settlement. Here are some of the key insurance factors that can impact your pedestrian accident settlement:
Liability:
Liability is a crucial factor in any accident settlement. If the pedestrian is found to be at fault for the accident, their compensation may be reduced. However, the pedestrian may be entitled to a larger settlement if the driver is found at fault.
The extent of Injuries:
The severity of the injuries sustained by the pedestrian is another important factor in determining the settlement amount. The compensation will likely be higher if the injuries are severe and long-lasting.
Insurance Coverage:
The insurance coverage of the driver and the pedestrian can also impact the settlement. The settlement amount may be higher if the driver has sufficient insurance coverage. On the other hand, if the pedestrian does not have insurance, it may be more challenging to obtain compensation.
Medical Expenses:
The medical expenses incurred by the pedestrian due to the accident can also play a significant role in determining the settlement amount. The higher the medical bills, the higher the compensation.
Lost Wages:
If pedestrians cannot work due to the injuries sustained in the accident, they may be entitled to compensation for lost wages. This amount can be significant, especially if the pedestrian has a high-paying job.
Future Medical Care:
If the injuries sustained by the pedestrian require ongoing medical care or rehabilitation, the settlement amount may be higher to cover these expenses.
Legal Factors
Legal factors are some of the most important considerations when it comes to determining the amount of compensation that a pedestrian accident victim may be entitled to receive. Here are some key legal factors to keep in mind when seeking a pedestrian accident settlement:
Liability:
Liability is one of the most important factors in a pedestrian accident case. This refers to who is at fault for the accident, and it will be determined based on various factors such as witness statements, police reports, and other evidence. If the driver of the vehicle is found to be at fault, they may be liable for damages.
Negligence:
Another key legal factor in pedestrian accident cases is negligence. Negligence refers to a failure to exercise reasonable care, and it can be demonstrated through factors such as speeding, distracted driving, or failing to yield to pedestrians in crosswalks. If negligence can be proven, the injured pedestrian may be entitled to compensation for their injuries.
Comparative fault:
In some cases, it may be determined that the pedestrian and the driver share some degree of fault for the accident. This is known as a comparative fault and can impact the compensation the injured pedestrian is entitled to receive.
Conclusion
In conclusion, if you have been involved in a pedestrian accident, it’s crucial to understand the various factors that can affect your settlement. The compensation you receive will depend on various factors, including the severity of your injuries, the extent of your medical bills, and the impact of the accident on your daily life. Additionally, the insurance company’s policies and the experience and expertise of your personal injury attorney can also play a role in determining your settlement.
It’s important to seek the help of an experienced personal injury attorney who can guide you through the legal process and help you understand your rights and options. They can negotiate with the insurance company to ensure you receive compensation. Remember, settling for less than you can have long-term financial and personal consequences.