Average Pedestrian Accident Settlement in New York

There are few types of motor vehicle crashes that are scarier than pedestrian accidents. People walking, jogging, or running have far less protection than a person driving or riding in a vehicle. 8,000 pedestrians were killed and more than 104,000 visited the emergency room for injuries in 2021 alone.

When pedestrians are hurt in accidents, they can file a personal injury lawsuit against the at-fault driver for their losses.  With the help of a New York personal injury lawyer, they can seek money for their property damage, medical bills, pain and suffering, and other losses. There isn’t an average pedestrian accident settlement, as the value of a pedestrian accident claim varies considerably based on the severity of injuries, insurance coverage, and other factors.

The Odierno Law Firm represents accident victims throughout Long Island who have been hurt in all types of motor vehicle accidents, including pedestrians and bicyclists who were struck by cars and trucks. We handle all cases on a contingency fee basis so you’ll never pay a fee unless we recover money for you. Reach out to our law offices today to talk to a Long Island pedestrian accident attorney.

What Is the Typical Payout for a Pedestrian Who Was Hit By a Car?

Generally speaking, there is no such thing as an average settlement for any type of personal injury claim because each claim is unique.  

The value of any pedestrian accident claim depends on several factors, such as:

• Who caused the accident;
• Whether fault is clear;
• If the injury victim (plaintiff) is partially at fault for the accident (comparative negligence);
• If the plaintiff has a permanent disability;
• Amount of medical expenses;
• Whether further medical treatment is necessary;
• How long the plaintiff was out of work;
• The amount of any property damage; and
• The coverage limits of the at-fault driver’s insurance policy.

For example, consider a case where a pedestrian was hit as they crossed the street. They suffered severe injuries, including multiple broken bones and a traumatic brain injury (TBI). They were off of work for several months while they recovered and have a permanent disability from the brain injury. 

Now, picture this same scenario – but in this accident, the pedestrian was partially at fault because they did not cross at an intersection or in a marked crosswalk (so they did not have the right of way). The car was going fairly slowly, so their injuries were minor – mostly bruises and some road rash from falling down. They just took 2 days off of work.

When looking at these two pedestrian accidents, the first person will likely recover more money than the second person. The first pedestrian wasn’t at fault for the accident and they suffered far more serious injuries. Their payout will likely be much higher than the second person’s settlement as a result.

Our law firm has a track record of success when it comes to recovering compensation for our clients. For pedestrians, our case results include a $625,000 settlement for a pedestrian struck by a snow plow blade, a $600,000 verdict at trial for a man who was hit while walking in a parking garage, and a $250,000 settlement for a man who was hit was standing on the side of a road due to car trouble. While each case is different, you can have peace of mind in knowing that our team will work hard to help you get maximum compensation for your injuries.

The best way to determine the value of your case is to schedule a free consultation with a Long Island personal injury law firm. During this appointment, your attorney will offer you advice on your legal options and provide you with a ballpark estimate of how much your case is worth. This number may increase or decrease as the case moves forward and both sides learn more facts about the case.

Compensation in a Pedestrian Accident Case

In a pedestrian accident lawsuit, you may recover three types of compensation – which are known as damages. This may include economic damages, non-economic damages, and punitive damages. Economic and non-economic damages are referred to as compensatory damages because they compensate an injury victim for their losses.

Economic damages cover direct financial losses. They include:

• Property damage
• Lost wages
• Reduced earning capacity
• Medical expenses
• Future medical treatment
• Other costs, such as renovating your house to make it accessible.

Non-economic damages pay for indirect losses, including:

• Emotional distress
• Pain and suffering 
• Scarring
• Disfigurement
• Loss of enjoyment of life
• Disability

Insurance companies often focus heavily on economic damages because they are more objective. In other words, they are easier to prove because you will get a bill, invoice, or estimate for these losses. However, non-economic damages are just as important because they help you move forward with your life after a traumatic event.

In some cases, punitive damages may be awarded to punish a wrongdoer. Punitive damages are only awarded in cases where the at-fault driver acted intentionally or recklessly, such as a drunk driving accident. Your New York pedestrian accident attorney can help you understand your right to punitive damages.

Keep in mind that the at-fault driver’s insurance company will try to find ways to reduce the amount of money that they pay you. An insurance adjuster may approach you shortly after your accident to try to get you to give a statement, sign paperwork, or agree to a settlement. You shouldn’t talk to the adjuster or sign anything until you have had a chance to talk to a lawyer.

Studies show that people who have legal representation in personal injury claims recover an average of 40% more than people who represent themselves. If you want to get fair compensation for your injuries, reach out to talk to our Long Island pedestrian accident attorneys.

While there is no such thing as an average payout in a pedestrian accident case, you can increase the likelihood of getting maximum compensation by working with a member of our legal team. Whether you suffer minor injuries or more severe injuries, we will fight for your right to full compensation. We have recovered millions of dollars on behalf of our clients and will work to help you get a fair settlement for your case.

Hurt in a Pedestrian Accident? Give Our Law Offices a Call.

When you head out for a walk or a run, you don’t expect to get hit by a car. Unfortunately, too many drivers simply do not show enough care when operating their motor vehicles. When they hit pedestrians, it can cause catastrophic injuries – or even death.

The Odierno Law Firm represents accident victims throughout Long Island. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Long Island pedestrian accident lawyer, give us a call at 631-752-8580 or fill out our online contact form.

Related: Average Slip and Fall Settlement in New York