Pedestrian Accident Settlements: What You Need To Know
The most important factors that influence the amount of pedestrian accident settlements are: (1) the extent and duration of your injuries; (2) how your injuries affect your ability to lead your normal pre-crash life (3) your lawyer’s reputation; and (4) how clearly liable (negligent) the at-fault driver was.
You need an attorney with the experience, skill, resources and proven results in obtaining record-breaking settlements to fight for you and to get you the best possible settlement amount.
Find out how much your pedestrian accident settlement is worth by checking out our calculator or call us toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced attorneys.
How people’s choice of lawyer affects pedestrian accident settlements
Pedestrian accident settlements are greatly influenced by the injured pedestrian’s choice of lawyer. For experienced and skilled lawyers with track records of obtaining favorable settlements and trial verdicts, the value of pedestrian accident settlements can be increased by up to 4 x more.
Pedestrian car accident compensation
Your pedestrian car accident compensation may likely include compensation for your pain and suffering, excess medical expenses, excess lost wages and other economic damages. The amount of pedestrian accident settlements will depend considerably on the limits of the at-fault driver’s liability coverage.
Under Michigan law, all drivers must carry a minimum of $250,000/$500,000 in liability insurance coverage also known as third party car insurance. However, the law also gives them the option “to purchase lower limits” of $50,000 and $100,000. (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a) and (b), (5))
When an at-fault driver was driving for Uber or Lyft or was operating a truck or commercial vehicle or was an employee of a business and acting within the scope of his or her employment at the time that he or she injured a pedestrian, then the liability insurance coverage limits that are available for pedestrian car accident compensation may be higher.
The compensation for pedestrian accident settlements can also be affected by the amount of umbrella insurance coverage the at-fault driver has as well as his or her personal assets that could be used to contribute to the compensation that is owed to an injured pedestrian.
What compensation is covered by pedestrian accident settlements?
Depending on your injuries and the liability of the at-fault driver, the compensation that may be recoverable from the at-fault driver in pedestrian accident settlements includes compensation for pain and suffering and payment of excess medical expenses and excess lost wages.
An injured pedestrian may be able to recover for unpaid, overdue No-Fault benefits.
Compensation for pain and suffering damages will allow recovery for: (1) physical pain and suffering; (2) mental anguish; (3) fright and shock; (4) denial of social pleasure and enjoyments; (5) embarrassment, humiliation or mortification; and (6) shame, mental pain and anxiety.
Excess medical expenses cover that portion of an injured pedestrian’s medical bills that exceeds the No-Fault PIP medical benefits coverage level that was selected in the auto insurance policy through which he or she is claiming No-Fault benefits.
Excess lost wages cover the portion of an injured pedestrian’s lost income that exceeds the monthly maximum and/or the three-year limit that are set by Michigan’s No-Fault auto insurance law.
Average amount of pedestrian accident settlements
There is no public or private entity – at either the state or the national level – that collects and publishes data about the average amount of pedestrian accident settlements in Michigan.
But even if such a settlement database did exist, it likely would not be that helpful in determining the best possible settlement amount in your case because the database would only reflect what the “average” settlement was.
An “average” settlement amount would fail to account for the specific circumstances of your case, your specific personal injuries and impairments, your specific medical needs (both now and well into the future), the specific impact on your ability to lead your normal pre-accident life and other factors that are unique to you, your injuries and your case.
Key factors that affect pedestrian accident settlements
There are several key factors that will affect how much injured pedestrians can recover in pedestrian accident settlements: (1) their injuries; (2) their current and future medical needs; (3) their prognosis; (4) whether they are still recovering and healing from their injuries or whether they eventually made a full recovery; (5) whether their injuries will necessitate “excess” coverage for present and future medical bills and lost wages; (6) how their injuries and impairments affect their ability to return to work and whether they continue to be partially or fully disabled from working; (7) whether they were disabled from engaging in other important non-work-related activities that were part of their normal pre-accident life; (8) whether their injuries have caused them to suffer a “serious impairment of body function” that affects their ability to lead their normal life; (9) the experience, track record and reputation of their lawyer (attorneys who are known by insurance companies for being willing to go to trial can actually settle cases for more money and often much faster); (10) the auto insurance company, adjuster and defense attorney for the at-fault driver of the car that caused their accident; (11) the at-fault driver’s liability insurance coverage limits; and (12) their coverage limits for “uninsured motorist” and “underinsured motorist” insurance.
The “serious impairment of body function” requirement is the legal threshold that crash victims must meet under Michigan’s auto law to recover a lump sum cash payout or verdict for pain and suffering and excess economic loss.
Injured and have a question about pedestrian accident settlements? Call the attorneys at Michigan Auto Law
If you have been injured in a crash and would like to speak with an experienced attorney about pedestrian accident settlements, call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys. You can also get help from an experienced accident attorney by visiting our contact page or you can use the chat feature on our website.