People who are struck by cars while on foot are likely to suffer catastrophic injuries, and these victims are not always fairly compensated for their losses. The details and circumstances off the accident play a large part in whether the pedestrian will receive fair payment from an insurer or an at-fault driver.
Factors That Affect Compensation for a Pedestrian Accident
Pedestrian accidents have all of the same considerations as other injury cases, but they also involve specialized factors such as pedestrian laws and an additional duty of care on the part of the driver. As a general rule, the factors that are most likely to influence a pedestrian’s car accident settlement include:
- The type and extent of injuries. Pedestrians do not enjoy the same crash protection as drivers, and they rarely walk away from a collision. The greater the injuries suffered in the accident, the more potential compensation the pedestrian may be owed.
- The amount of lost income. The amount of time that a victim was unable to work due to the injury or recovery should be reimbursed.
- The extent of your medical treatment. If the accident caused you to undergo surgery, suffer painful physical rehabilitation, and require visits to specialists, your injuries may carry a higher value to insurers and injury courts.
- Details of the crash. The majority of pedestrian accidents involve vehicles, including cars, trucks, and motorcycles. The type of vehicle that struck you, as well as the speed at which the vehicle was traveling and the condition of the driver, will likely affect the outcome of the case.
- Your own auto insurance coverage. The type and amount of insurance that you were carrying at the time of the crash will likely affect your case (especially if you are having trouble collecting payment from an insurer).
- Liability for the accident. Tennessee accident fault laws prevent victims from collecting compensation if they are mostly to blame for an accident. In a car-pedestrian crash, pedestrians are rarely assigned the majority of fault for an accident, but they can still see a reduction in damages based on their portion of fault.
- Criminal charges for the driver. If the driver was speeding, drinking while driving, or otherwise breaking the law at the time of the crash, the pedestrian’s case is much stronger. A charge issued to the driver is related to fault and can make the driver’s portion of blame rise significantly (especially if the driver is convicted).
- Long-term effects of the accident. Pedestrians who suffer permanent complications of the accident, such as paralysis, disfigurement, disability, inability to return to pre-injury lifestyle, inability to earn a living, inability to live independently, or loss of enjoyment of life can be owed a significant amount in the form of pain and suffering damages.
- Death of the victim. If a person loses his or her life due to a pedestrian accident, the family has the right to file a wrongful death action instead of a personal injury claim. Family members can collect payment for the loved one’s lost future income, funeral and burial, medical bills, and other losses the victim suffered between the time of injury and death.
Why Pedestrians Should Seek Legal Advice After a Crash
The first step for many pedestrians injured by vehicles is to file a claim with the driver's insurance company. It is an insurance adjuster’s job to pay out as little as possible in each claim, and they have many tactics they use to reduce the amount given to victims. Firstly, they often gather as much information as they can that could be used to reduce the payout, such as taking a recorded statement from a victim who has not fully recovered. Second, they may comb through the victim’s social media to find pictures or messages from the victim that can devalue the claim, such as a post to friends and family using the words “I’m fine.” Finally, they may offer an extremely low settlement to a severely injured victim, allowing the victim to trade fair compensation for a fast payment.
If you have been hurt in a pedestrian crash, the attorneys at GriffithLaw can get you the amount you deserve for your medical bills, lost income, and pain and suffering. Fill out the quick contact form on this page to have us explain your rights in your free case evaluation, or order a free copy of our book, The 10 Worst Mistakes You Can Make With Your Tennessee Injury Case.