Pedestrian accidents can lead to short-term injuries, long-term disabilities, and even death. But what is the average settlement for a pedestrian hit by a car? The answer depends on the injuries sustained and Minnesota’s insurance and pedestrian accident laws. An experienced legal team can help. At Sieben Polk P.A., our Minnesota pedestrian accident lawyers can guide you through the next steps and know what to expect from a settlement.
What Is the Average Settlement for a Pedestrian Hit by a Car?
There’s no easy way to calculate an average settlement for a pedestrian injured after being hit by a car. Doing so requires knowledge of personal injury law and experience handling personal injury lawsuits.
Every single pedestrian accident is unique, with its own circumstances and consequences. There isn’t a predetermined amount or range that pedestrians are entitled to receive when cars hit them. However, settlements for cases involving pedestrians hit by cars frequently range from $10,000 to $500,000.
The only effective way to estimate your settlement is to consult a car accident lawyer who can analyze your damages, the factors involved, and the possible outcomes of your claim.
Factors That Affect the Pedestrian Accident Settlement Amounts
The amount you receive in a settlement as a pedestrian hit by a car depends on several factors. It’s important to get the assistance of a lawyer when you’re involved in an accident. Car accident lawyers know all the factors affecting pedestrian accidents.
Once they analyze your case, a pedestrian accident lawyer can give you an educated estimate of a potential settlement amount.
The following are the factors affecting your settlement amount.
The Nature and Severity of Your Injuries
Your legal team will determine whether your injuries were severe or minimal. The severity of your injuries significantly impacts your settlement amount.
Soft tissue injuries may be fleeting and heal without complications, with a full return to function.
Meanwhile, more severe injuries may affect function, cause long-term disability, require invasive procedures for medical treatment, and cause significant pain and distress.
Examples of severe injuries include broken bones, spinal injuries, and traumatic brain injuries. Less severe injuries include sprains, strains, cuts, scrapes, and bruises.
More severe injuries will result in higher medical costs. In addition, the more severe the injury, the more it will impact your life, leading to higher amounts of non-economic damages like pain and suffering, loss of quality of life, and emotional distress.
The Impact of Your Injuries on Your Ability To Work
If a pedestrian accident leads you to miss work during recovery from injuries or impacts your ability to work in the future, your settlement amount is likely to be larger.
Minnesota’s No-Fault Insurance Laws
Under Minnesota’s no-fault insurance law, every driver must carry minimum insurance called Basic Economic Loss, or BEL, coverage. When there is an accident, your auto insurance company will be responsible for your injuries regardless of who caused the accident.
This coverage applies to pedestrians and bicyclists struck by motor vehicles, too. Thus, pedestrians can obtain Basic Economic Loss, or BEL, benefits for an accident that results in an injury.
BEL benefits compensate injured pedestrians for certain economic losses resulting from being injured by a vehicle. These benefits include:
- $20,000 for medical expense losses
- $20,000 for income loss, reimbursement costs for replacement services like housekeeping or childcare, funeral expenses, survivor’s economic loss for spouses and dependents, and survivor’s replacement services
However, BEL benefits do not cover non-economic losses such as pain, suffering, and mental anguish.
If you have at least $4,000 in medical expenses or suffered a disability or permanent disfigurement that lasted at least 60 days, you can file a claim against the at-fault driver.
In such cases, you can collect economic damages not covered by your BEL coverage and other non-economic damages such as pain and suffering, emotional distress, and the inability to enjoy life’s activities.
Minnesota’s Modified Comparative Fault Law
Minnesota has a comparative fault system to determine accident responsibility. With the help of an experienced car and truck accident attorney, you may still be able to show that the vehicle’s driver was at fault for the accident, even if you weren’t in a crosswalk or on the sidewalk.
The Minnesota comparative fault law says that if more than one person is at fault for an accident, you can still ask for compensation for your losses, including medical bills or damaged property.
In Minnesota, you can recover compensation if your share of the fault is not greater than the fault of the person from whom you seek recovery. If you are 50 percent or less responsible for the accident, you can recover damages in proportion to your share of the fault. For instance, if you were 20 percent responsible for the accident, you would only receive 80 percent of your damages.
Minnesota’s Pedestrian Laws
Following pedestrian traffic laws helps show that you made a good-faith effort to avoid getting into an accident. In Minnesota, pedestrians must:
- Follow traffic signals at intersections
- Walk on the left side of the roadway or road shoulder
- Use sidewalks whenever they are present
- Yield to all vehicles on the roadway at all points unless you’re within a marked crosswalk or intersection
- Not cross the road at any point other than within a marked crosswalk
A pedestrian may share some of the fault for an accident if they fail to follow any of these rules, contributing to the accident. Thus, their recovery will be reduced in proportion to their share of the blame.
Our Pedestrian Accident Attorneys Are Ready To Help
Pedestrian accidents are traumatic whether you’re the pedestrian or the driver. Don’t go through the legal process alone. Experienced lawyers can negotiate a settlement that reflects the damages you incurred.
If you or a loved one is a pedestrian accident victim, contact our team of experienced Eagan pedestrian accident lawyers. Call Sieben Polk P.A. at 651-437-3148 for a free consultation.
