Any car accident is frightening, but a collision with a motor vehicle can be especially traumatizing and damaging when you are a pedestrian victim of a crash.
Collisions involving vehicles and pedestrians have been on the rise in Virginia, increasing by 12.6% between 2020 and 2021 and accounting for 1,399 crashes in 2021.
If you are among the many pedestrians who have been hit by a moving vehicle, you deserve to be compensated for your injuries, suffering, and financial losses.
You can seek this compensation through a settlement agreement with the driver or their insurance company or through a trial award.
And what is the amount of the average pedestrian accident settlement? Well, the answer is there is no average, every case is different.
The best question to ask when seeking a settlement after a collision is what your case is worth based on the details of the accident and your injuries.
What Should a Pedestrian Accident Settlement Include?
Sometimes settling a car crash case before going to trial is the best option because you can receive the compensation you need while avoiding the stress and uncertainty of litigation.
However, an at-fault driver’s insurance company will often try to offer a pedestrian in an accident a minimal settlement amount, so do not accept an offer without speaking to a knowledgeable pedestrian accident attorney.
When you accept a settlement offer, you should make sure the offer covers all of the damages you likely would have received in a personal injury trial, including:
- Economic damages to pay you for past, present, and future financial losses related to the wreck, such as medical bills, lost wages, lost earning capacity, and property damage;
- Non-economic damages to compensate you for your pain and suffering; and
- Punitive damages to punish the at-fault party that acted maliciously, willfully, or wantonly, which are rarely awarded.
Together, these damages could amount to thousands of dollars, hundreds of thousands of dollars, and sometimes even millions of dollars.
The best way to recover as much compensation as possible is to hire a personal injury attorney to represent you.
As soon as you can after a collision, collect all your medical bills and reports, the accident report, and your pay stubs, and bring them to a consultation with one of our experienced pedestrian accident attorneys.
These documents will help your attorney analyze the facts of your case and accurately calculate its value.
How Do I Prove that I Am Entitled to Compensation?
There are two key things you must prove to maintain your right to a settlement payout after an accident. First, you must prove the other driver was negligent.
Second, you must prove that you were not negligent. In Virginia, winning a case as a pedestrian victim in an accident can be uniquely challenging because of a rule called contributory negligence.
This rule prohibits a personal injury victim from recovering compensation if they were even just 1% at fault for their injury.
In hopes of diminishing or eliminating their liability, auto insurance companies are eager to place blame on victims who make claims against the drivers they insure.
To prevent an auto insurance company from casting blame on you, you should have a strong advocate to represent you and negotiate on your behalf.
How Much Time Do I Have to Seek Compensation?
If you were a pedestrian in a car accident, your compensation rights have an expiration date. You have two years to file a lawsuit against a negligent driver who harms you.
You should begin settlement negotiations well before the statute of limitations runs out so that you still have the option to sue if a fair settlement can’t be reached.
However, you should not attempt to settle your case too early.
Taking time to understand the extent of your accident-related injuries and any permanent impairment is crucial to properly calculate the value of your case.
An experienced attorney can time your settlement negotiations to give you the best chance to receive maximum compensation.
River Run Law Can Protect Your Rights in a Settlement
At River Run Law, our top-rated Virginia injury attorneys are passionate about championing the rights of personal injury victims, and we do it well.
Not only are we well-respected in the legal community, but we also receive the highest ratings from our clients.
We are experienced, knowledgeable, and skilled advocates in the courtroom and at the negotiation table.
River Run Law is here to put your mind at ease during difficult times and to help you fight for the compensation you need and deserve.