Tragedy strikes when a pedestrian, minding their own business, is hit by a car. The unfair matchup of man versus machine often leaves the pedestrian seriously injured. All too often, pedestrian accidents are fatal.
In 2019, motorists killed 128 pedestrians in Ohio crashes. In an analysis of serious and fatal pedestrian accidents in Ohio, the Ohio Department of Transportation found:
- Pedestrian crashes are increasing in Ohio;
- 87% of fatal and serious pedestrian crashes occur in urban areas;
- In 2017, 12% of all Ohio crash fatalities were pedestrians;
- 69% of fatal pedestrian crashes occurred at night;
- Fatal and serious pedestrian crashes occur primarily in fall and winter;
- Men were victims of 67% of fatal pedestrian crashes;
- Youth were involved in more than 20% of all fatal or serious pedestrian crashes; and
- One-third of all fatal pedestrian crashes involved alcohol.
As these statistics show, pedestrian crashes are all too common in Ohio. While education, enforcement, and stricter laws can prevent future accidents, those measures don’t help victims already hurt in a crash. However, victims can pursue justice through a pedestrian-hit-by-a-car settlement.
Pedestrian car accident settlements can help crash victims and their families. At Bensinger Legal Services, we work to get victims the money they deserve.
If you are curious about pedestrian-hit-by-a-car average settlement amounts, we have some guidelines to determine potential pedestrian injury compensation. Here, we discuss compensation that may be available in a pedestrian-hit-by-a-car lawsuit.
When Can a Pedestrian Hit By a Car Sue?
A pedestrian hit by a car can sue when they were injured due to someone’s irresponsible behavior. Of course, if a driver intentionally strikes you, that action invites criminal charges and a civil lawsuit. However, most of the time, a pedestrian-hit-by-a-car lawsuit is based on negligence.
A personal injury or wrongful death lawsuit based on negligence requires these elements.
Duty of Care
The driver owed pedestrians a duty of care. This means the driver was supposed to follow the traffic laws and drive responsibly to protect other drivers and pedestrians.
Breach of Duty
The driver breached the duty of care if they broke a law or acted irresponsibly. For instance, if the driver was speeding, drunk, or texting while driving, these actions breached the duty of care to others on the road.
Breach Caused Harm
The driver’s breach of care harmed a pedestrian. Such harm usually occurs when a driver crashes into a pedestrian.
Pedestrian Suffered Damages
The pedestrian must suffer harm that can be compensated by the court. Because the legal process can be expensive, it won’t be worth pursuing a claim over a minor injury like a bruise or a scrape. The pedestrian should have suffered significant physical or financial harm to justify a lawsuit.
What Pedestrian-Hit-By-a-Car Compensation Is Available?
In a personal injury lawsuit, a pedestrian sues for damages, which come in several forms:
- Economic damages include medical bills, lost wages, and other calculable financial expenses;
- Non-economic damages include emotional harm like pain and suffering; and
- Punitive damages punish the driver for terrible behavior.
If you lost a loved one in a pedestrian accident, your family could sue for the financial and emotional harm you have experienced as a result of your loved one’s death.
Perhaps it seems difficult to put a dollar amount on pain and suffering. We know that no amount of money can compensate you for this pain. Because the specifics of each case determine the damages amount, there is no average settlement for a pedestrian hit by a car. However, our legal team will calculate a fair request based on our years of experience representing accident victims.
Contact an Experienced Pedestrian Accident Attorney
If you have been injured or lost a loved one in a pedestrian accident, you need a skilled attorney. At Bensinger Legal Services, our pedestrian accident attorney will help you fight for justice. A pedestrian-hit-by-a-car settlement can provide for you and your family and protect other pedestrians by bringing awareness to these accidents.
Contact us today for a free consultation. When we meet (virtually or in person), we can discuss your experience and available legal options. You’ll have the opportunity to ask questions, like, How much should I settle for getting hit by a car?
We work on contingency, meaning you owe us no payment until we win your case. Take the first step toward compensation for the harm you have suffered by contacting our law firm for a free consultation.