The average payout for a pedestrian hit by a car ranges from $2,000 to $100,000 in Arizona for non-fatal injuries, while payouts for permanent or fatal injuries can reach well over $100,000.
Your specific payout amount will entirely depend on the facts of your case and the extent of your injuries.
If you or a loved one were struck by a car, please call Stone Rose Law at (480) 498-8998 or use our contact form to speak with an experienced personal injury lawyer.
The average settlement payout for pedestrian accident claims can vary greatly.
Let’s consider how attorneys and auto insurance companies determine the settlement value for pedestrians injured by a motor vehicle.
The injuries you may receive as a pedestrian accident victim can increase in severity, and in their settlement payout value, based on several considerations. These include:
Generally, the higher the speed of the collision, the more severe the injuries.
For example, striking your head against the hood of a car at low speed might result in a concussion, while at high speed, the same impact could result in traumatic brain injuries like brain swelling or brain bleeding.
Smaller victims like children are more likely to receive head and neck injuries, while lower torso injuries are more common in adults. Also, elderly victims are more likely to receive injuries like broken bones.
The more severe the injuries, the more it will cost you in medical expenses.
Relatively minor injuries from a low-speed collision might mean some time spent in a wheelchair or on crutches while a broken leg or sprained knee heals.
More severe injuries from a high-speed impact can require surgery to repair serious internal injuries and long-term care like physical therapy to cope with the effects of traumatic injuries. Some severe kinds of injuries can lead to permanent damage.
If your injuries from a pedestrian accident keep you from being able to work, then your present and future income loss, including potential permanent disability, needs to be calculated and factored into any settlement amount(s).
Likewise, the negative effect of your injuries on your ability to engage in day-to-day activities is also compensable.
Included in this category are pain and suffering damages and emotional distress, including symptoms like anxiety, sleep disorders, and post-traumatic stress disorder.
These kinds of indirect harm, also known as “non-economic damages,” are usually built into a settlement payout by adding a multiplier to the cost of your direct or “economic” harm. This multiplier can be anywhere from 1.5 to 5 times the amount of those economic damages. There is no set amount of multiplier; it all depends on your attorney’s negotiating skills and the extent of your injuries.
Many pedestrian injury settlements are paid for through the driver’s insurer. The amount of insurance coverage the driver carries can affect your settlement value. If the other driver has no insurance, then your own car insurance policy’s uninsured motorist coverage can provide insurance coverage and is a factor to consider.
Some driver’s behaviors are worse than others, and settlement for pedestrian accident cases must take this into account.
A driver who hits you is often negligent. But in some cases, the level of culpability might be greater.
For example, reckless behaviors like driving under the influence of alcohol or hitting you while engaged in a street race with another car on a public road will increase the non-economic multiplier above.
In a worst-case scenario, such as if the driver intentionally hit you, punitive damages can be included in settlement considerations, however, as a general rule, insurance coverage does not apply to intentional acts undertaken by their insureds.
Fatal injuries can lead to a wrongful death claim or a survival action under Arizona law. These will significantly increase the amount of a settlement for a pedestrian accident claim.
Under Arizona law in personal injury claims, any negligent behavior of the plaintiff can lower the amount of recovery in a judgment award or a settlement payout.
If the driver’s attorney or the insurance company can show that you were at least partly responsible for the accident, like proving that you were jaywalking, crossing a crosswalk against a “Don’t Walk” signal, or were intoxicated when you decided to cross the road, you can expect them to raise these considerations as examples of comparative negligence on your part to reduce your settlement amount.
Settlement negotiations in the aftermath of a pedestrian accident usually involve insurance company claims adjuster(s) and lawyers for the insurer and the driver. These individuals have a vested interest on behalf of their clients in minimizing your settlement payout.
You can expect these individuals to use a variety of strategies and tactics to try to get you to settle for less:
An experienced personal injury lawyer, like one you will receive if you hire Stone Rose Law, will be savvy to these strategies and avoid falling into lowball settlement offer traps.
Also, a Stone Rose Law personal injury lawyer will thoroughly investigate the facts of your pedestrian accident case and prepare a strong case for a personal injury lawsuit, so the insurance company and the defendant’s lawyer will have to take your claim seriously.
Lastly, a Stone Rose Law personal injury attorney will preserve your right to file a legal claim by ensuring you do not miss the two-year statute of limitation for a personal injury lawsuit or the 180-day notice period required if the driver was acting in the capacity of a government agency employee when the accident happened.
If you are an injured pedestrian, there are a few steps you can take to preserve your legal rights to a personal injury claim and to help recover compensation as an injured party. These include:
To learn more about the possible value of your pedestrian injury claim, see our Personal Injury Calculator.
At Stone Rose Law, our experienced Phoenix personal injury attorneys represent injured pedestrians throughout Arizona. Our personal injury attorneys are skilled negotiators with insurance companies and opposing legal counsel and will guide you through the entire legal process.
Don’t let your claims for pedestrian accident compensation slip away after a car accident. Call our personal injury law firm at (480) 498-8998 for a free case review of your legal options, or contact us online to schedule a free consultation with a Phoenix pedestrian accident lawyer.
