What Is The Average Payout For A Pedestrian Hit By A Car? 

June 25 , 2024 | Pedestrian Accidents

As car accident injury lawyers in Wisconsin, we frequently encounter cases involving pedestrians hit by cars. These accidents can lead to severe injuries and significant financial burdens for victims and their families. In this comprehensive guide, we’ll explore the average payout for a pedestrian hit by a car, relevant Wisconsin laws, common types of pedestrian accidents, injuries sustained, damages that may be awarded, who can file a claim, and the importance of hiring an experienced pedestrian accident attorney.

Average Payout For Pedestrian Accidents

Determining the average payout for a pedestrian hit by a car in Wisconsin can be challenging due to the varying circumstances of each case. However, according to data from the Insurance Institute for Highway Safety (IIHS), the average settlement for pedestrian accidents in the United States ranges from tens of thousands to hundreds of thousands of dollars. Factors such as the severity of injuries, medical expenses, lost wages, and pain and suffering will influence the final payout.

Common Types Of Pedestrian Accidents

Pedestrian accidents can occur in various settings, from bustling city streets to quiet suburban neighborhoods. One common type is the intersection collision, where a pedestrian is struck by a vehicle while crossing the road. These accidents often result from driver negligence, such as failing to yield or running a red light.

Another prevalent type is the “dart out” accident, where a pedestrian suddenly enters the roadway, giving the driver little time to react. These incidents frequently occur near schools, playgrounds, or residential areas where children may be present.

Additionally, “backover” accidents occur when a vehicle reverses and strikes a pedestrian, often in parking lots or driveways. These accidents can be particularly dangerous since the pedestrian may be in the driver’s blind spot.

Furthermore, pedestrians may be injured in “side swipe” accidents, where a vehicle veers off the road or changes lanes without noticing the pedestrian. These incidents often occur on roads without sidewalks or proper lighting, increasing the risk to pedestrians.

Types Of Pedestrian Accident Injuries

Pedestrian accidents can result in a wide range of injuries, varying in severity depending on factors such as the speed of the vehicle and the point of impact. Common injuries include fractures, lacerations, traumatic brain injuries (TBIs), spinal cord injuries, and internal organ damage.

Fractures are among the most common injuries sustained by pedestrians, often involving the arms, legs, or pelvis. These injuries can require extensive medical treatment, including surgery and physical therapy, and may result in long-term disabilities.

Lacerations and soft tissue injuries are also prevalent in pedestrian accidents, often caused by contact with the vehicle or the pavement. These injuries can range from minor cuts and bruises to deep wounds requiring stitches or skin grafts.

Furthermore, TBIs are a significant concern in pedestrian accidents, particularly when the victim’s head strikes the vehicle or the ground. TBIs can have lasting effects on cognitive function, mobility, and overall quality of life, requiring ongoing medical care and rehabilitation.

Additionally, spinal cord injuries are a severe consequence of pedestrian accidents, potentially leading to paralysis or impaired mobility. These injuries can have profound physical, emotional, and financial impacts on victims and their families, necessitating long-term support and care.

Internal organ damage is another risk associated with pedestrian accidents, especially in high-speed collisions or those involving multiple vehicles. These injuries can be life-threatening and may require emergency medical intervention, including surgery and intensive care.

Damages That May Be Awarded

In Wisconsin, victims of pedestrian accidents may be entitled to various types of damages to compensate for their injuries, losses, and expenses. These damages may include:

  1. Medical expenses – Compensation for past and future medical treatment, including hospital bills, surgeries, medications, rehabilitation, and assistive devices.
  2. Lost income – Reimbursement for wages lost due to missed work, as well as compensation for reduced earning capacity or disability.
  3. Pain and suffering – Compensation for physical pain, emotional distress, and psychological trauma caused by the accident and resulting injuries.
  4. Disability and disfigurement – Compensation for permanent disabilities, scarring, or disfigurement resulting from the accident.
  5.  Punitive damages – In cases involving egregious negligence or misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

Who Can File An Accident Injury Claim Under Wisconsin Law

In Wisconsin, the law allows certain individuals to file a personal injury claim on behalf of a pedestrian injured in an accident. These individuals may include:

  1. The injured pedestrian – If the pedestrian is capable of doing so, they can file a claim seeking compensation for their injuries, losses, and expenses.
  2. Legal guardians or representatives – If the pedestrian is a minor or incapacitated, their legal guardian or representative may file a claim on their behalf.
  3. Family members – In cases where the pedestrian has passed away as a result of the accident, certain family members may be eligible to file a wrongful death claim seeking compensation for their loss.
  4. Personal representatives of the estate – If the pedestrian has passed away and no family members are available to file a claim, a personal representative of the estate may pursue legal action on behalf of the deceased.

It’s important to note that Wisconsin has a statute of limitations for filing personal injury claims, typically three  years from the date of the accident. Failing to file within this time frame can result in the loss of the right to seek compensation.

Factors That Impact The Value Of A Pedestrian Injury Or Death Case

Several factors can influence the value of a pedestrian injury or death case, affecting the amount of compensation awarded to the victim or their family. These factors may include:

  1. Severity of injuries – The extent and severity of the pedestrian’s injuries play a significant role in determining the value of the case. More severe injuries requiring extensive medical treatment and resulting in long-term disabilities generally command higher compensation.
  2. Medical expenses – The total cost of medical treatment, including hospital bills, surgeries, medications, rehabilitation, and ongoing care, is a key factor in calculating damages.
  3. Lost income – Compensation for lost wages and reduced earning capacity depends on factors such as the pedestrian’s occupation, salary, and ability to return to work following the accident.
  4. Pain and suffering – Non-economic damages such as physical pain, emotional distress, and loss of enjoyment of life are more challenging to quantify but can significantly impact the value of the case.
  5. Liability – Establishing liability is crucial in pedestrian accident cases, as compensation may be reduced or denied if the pedestrian is found partially at fault for the accident.
  6. Insurance coverage – The amount of available insurance coverage, including liability coverage and uninsured/underinsured motorist coverage, can limit the potential recovery in a pedestrian accident case.
  7. Comparative negligence – Wisconsin follows a modified comparative negligence rule, meaning the pedestrian’s compensation may be reduced if they are found partially at fault for the accident.
  8. Evidence and Documentation – The strength of the evidence, including witness statements, accident reports, medical records, and expert testimony, can impact the outcome of the case.
  9. Legal representation – The experience and skill of the pedestrian accident attorney representing the victim can significantly impact the outcome of the case and the amount of compensation awarded.

The Importance Of Experienced Pedestrian Accident Attorneys

Navigating the legal process following a pedestrian accident can be overwhelming, especially for victims dealing with injuries, medical treatment, and recovery. Having an experienced pedestrian accident attorney on your side can make all the difference in the outcome of your case.

An experienced injury attorney will understand Wisconsin’s laws governing pedestrian accidents and personal injury claims, allowing them to effectively advocate for your rights and pursue maximum compensation on your behalf. They will investigate the circumstances of the accident, gather evidence, negotiate with insurance companies, and, if necessary, litigate the case in court.

Furthermore, an experienced attorney will have the resources and experience to assess the full extent of your injuries and losses, ensuring that you receive fair and just compensation for your damages. They will work tirelessly to hold negligent parties accountable for their actions and help you rebuild your life in the aftermath of a pedestrian accident.

Pedestrian accidents can have devastating consequences for victims and their families, often resulting in serious injuries, financial hardships, and emotional trauma. If you or a loved one has been injured in a pedestrian accident, it’s crucial to seek legal representation from an experienced attorney who can guide you through the complex legal process and fight for the compensation you deserve.

By understanding the common types of pedestrian accidents, the scenarios in which they occur, the injuries they can cause, the damages available to victims, and the factors that impact case value, you can make informed decisions about your legal rights and options. With the help of a skilled pedestrian accident attorney, you can pursue justice and hold negligent parties accountable for their actions, helping to prevent future accidents and protect the rights of pedestrians across Wisconsin.

Martin Law Office, S.C. – Milwaukee Personal Injury Lawyers Who Care

If you, a friend, or a family member have been injured in a pedestrian collision in Milwaukee, Martin Law Office, S.C. is here to support you in seeking compensation. Our dedicated personal injury attorneys will vigorously pursue full financial compensation for your case. You can have peace of mind knowing that our legal team is protecting your valuable legal rights.

Contact our Milwaukee personal injury lawyer at Martin Law Office, S.C. by calling 414-856-4010 for a free consultation. Let our law firm fight for the economic restitution your case deserves. You don’t have to tackle the insurance company alone—rely on Martin Law Office, S.C., to advocate for you during this difficult time. Check out our recent client testimonials by clicking here.