Average Payout For a Pedestrian Hit By a Car in Georgia

You step out of the house on a sunny spring Saturday in Georgia. You fill your lungs with the fresh air before heading out on a walk. For the first quarter mile, nothing is out of the ordinary. But as you cross the street a block away from your destination, a car takes a left turn into the crosswalk, right where you’re walking. What was a beautiful day just turned disastrous.

A daily walk like that should be one of the healthiest parts of your day. It’s great exercise, gives you a chance to clear your mind, and can be a way to save money on a commute. For some of us, walking is essential—connecting us to work, school, and basic needs. So when a vehicle strikes you while walking, the injuries can go far behind physical pain.

Once you’re safe and your condition stabilized, you or your family may begin to wonder what the average payout for a pedestrian hit by a car may be. It’s a reasonable question to ask as you try to manage and navigate the uncharted waters ahead of you. It helps to plan treatment and assess where the budget might get thin. Unfortunately, the majority of settlements are confidential. The unavailability of data on settlements prevents calculation of a useful average. A single firm may have information, but that will only give someone an idea of that firm’s average settlement. An experienced attorney will be able to let you know what to expect in the value of your case, despite these hurdles. Their experience dealing with these types of cases as well as settlements coming out of litigated cases, will help determine the value of your specific case.

The average settlement for a pedestrian hit by a car will be determined by the specific facts of your case. For example, the severity of your injuries, availability of insurance, the county in which the defendant lives (where suit might need to be filed if necessary), the permanency of injuries, the length of your treatment, lost wages and many more things will help your attorney advise you of what is appropriate for your particular case.

Average Costs For A Pedestrian Hit By A Car

To get a better understanding of the average payout for a pedestrian hit by a car, we can start with the costs pedestrians may incur because a vehicle ran into them. The most recent available data shows that the average combined costs for nonfatal pedestrian accident victims are $337,309. This combined cost represents all the medical, work loss, and quality of life costs associated with the accident.

The single largest source of expenses is for lost quality of life at an average of $213,323 per accident. These are costs associated with changes in how a person must live as a result of their injuries. Quality of life loss costs might include pain and suffering, loss of a particular career, changes in how you can interact with others, or changes in your travel capabilities.

The next largest source of costs is for medical expenses. These include emergency care, surgeries, physical therapy, and medication necessary to treat injuries. The CDC estimates these costs amount to an average of $101,079 per accident. Finally, lost work amounts to an average of $22,907 per accident. This reflects the wages an injured victim loses out on because the injury forced them to miss work.

While this number helps give an idea of what costs may lay ahead for an injured pedestrian, there are two significant limits to their utility. First, averages can be thrown off by outliers. If a handful of injuries cost tens of millions of dollars, they would inflate the averages, giving an unrealistic picture of the typical or usual costs. Second, these numbers reflect the costs rather than any actual settlements. There are a variety of factors that can influence and affect the eventual settlement amount. These include the injuries, lost wages (if any), the pain and suffering experienced, funeral expenses (if any), the insurance policy of the at-fault party or parties, the pedestrian’s liability, and the victim’s risk tolerance.

Factors That Affect Settlement Amounts

No two cases are exactly alike, and this is especially true regarding pedestrian accident claims. Rather than using a flawed metric like the average payout for a pedestrian hit by a car, you can speak with an experienced pedestrian accident attorney to get a clearer understanding of what comes next. A pedestrian accident attorney will consider the following factors to better understand what the potential pedestrian injury compensation amounts to.

Type and Extent of Damages

In pedestrian accident claims, injured victims seek compensation for the costs associated with the accident, otherwise known as damages. The amount of damages the accident caused will have some of the most weight in determining the ultimate settlement.

Medical Expenses

When calculating pedestrian accident compensation, damages can include medical expenses, lost wages and disability, pain and suffering, and funeral costs. As mentioned, medical expenses are for the necessary treatment the injured victim must seek to treat their injuries. Hospitalization, physical therapy, and prescription drugs would fall into this category of damages.

There are additional factors that impact the extent of injuries. For pedestrian accident claims, injuries may range from bumps and bruises to traumatic brain injuries and paralysis. The size of the vehicle is an important factor, as SUVs and pickup trucks cause a disproportionate amount of fatal injuries. The speed the vehicle is traveling also impacts the severity of the injuries sustained.

Lost Wages and Disability

For lost wages, these damages are calculated based on the injured victim’s wages at the time they were injured and the amount of time the injury caused them to miss at work. These can be vital damages to claim, since an entire household may depend on the injured victim’s wages. Disability meanwhile looks at the victim’s workload and wages prior to the accident and the changes to both that the injury created. In pedestrian accident claims, a licensed attorney will look to get their client compensation for the difference between their client’s wages before and after the accident.

Pain and Suffering

Pain and Suffering damages or the loss in quality of life can be more difficult to quantify than medical expenses and loss wages because it is subjective. Unlike those damages, there aren’t “paper trails” or receipts to tally up. An experienced pedestrian accident attorney can help you to determine the lifestyle changes the injuries caused and prepare to make a claim for the costs associated with those changes.

Funeral Expenses

Sadly, Georgia has seen a rise in pedestrian accident fatalities since 40. According to the most recent data an alarming high of 345 pedestrians were killed in collisions with motor vehicles, almost double the total from 40. Seeking pedestrian accident compensation can be an important mechanism for getting much needed funeral expenses covered in the event a loved one passes away as a result of an accident.

How Liability Changes the Equation

With expenses calculated, a clearer picture of the plan ahead comes into focus. However, it may not be a straight line from damages to just compensation. Liability can determine the total settlement in states like Georgia which operate a system of modified comparative negligence. O.C.G.A. § 51-12-33 provides that an injured victim can pursue damages when they are less than 50% at fault for the underlying accident. However, the amount of damages the court awards may also be reduced by their percentage of fault.

A court may determine that an injured pedestrian who violated Georgia laws while they were struck was 20% at fault. If the amount of damages was $100,000 the court would reduce that amount by 20% and the injured pedestrian would receive $80,000. However, if the court determines that the pedestrian was 50% at fault or more, that injured pedestrian would receive nothing.

Given Georgia’s system of modified comparative negligence, insurance companies may look to shift blame onto injured victims to try and pay out less money despite knowing that their insured caused a crash. This may be done to deny the claim entirely or to pressure a victim into accepting an unjust settlement. Insurers may attempt to convince a victim that the court will not award them any damages at all, and that the settlement is a “favor” to the injured victim. Tactics like these are why having a trusted pedestrian accident lawyer in the room with you can make all the difference. They can push back against insurance company bullying and fight for the maximum compensation owed.

Risk Aversion Can Impact the Final Settlement

Similar to liability, risk aversion can determine what the final settlement looks like for pedestrian accidents. Some injured victims may not wish to risk a trial where their total damages may be reduced or denied, making them more likely to accept a lower but guaranteed settlement with the insurance company.

Others may not be able to wait for investigations, negotiations, or even trials to run their course. Their unique situation may require that they receive some compensation now, rather than waiting for potentially more down the road. A victim that needs compensation this month to make rent has less tolerance for risk than an injured pedestrian with savings to carry them through the process.

The Insurance Policy Can Control the Outcome

Another determining factor that impacts the average payout for a pedestrian hit by a car is the insurance policy of the at-fault party. Georgia law, O.C.G.A. § 40-9-37 and O.C.G.A. § 33-7-11, establish Georgia’s minimum liability and uninsured motorist coverage. Georgia drivers must have auto liability insurance of at least $25,000 per person and $50,000 per incident for bodily injuries or death and $25,000 for property damage per incident.

Pedestrians may need to be aware of these limitations because they can limit the amount of damages they can seek in pedestrian accident claims. Even if your damages exceed the policy limits, the insurance company is not required to pay above the insured’s policy limits. This may complicate pedestrian accident claims when the damages are closer to the average costs discussed above. However, if the injured party has underinsured motorist coverage of their own, this could increase available insurance limits for the injured party.

What Happens If Damages Exceed Insurance Coverage?

What options do injured pedestrian accident victims have when their damages exceed the limitations of the at-fault party’s insurance? Their medical treatment, household, and quality of life may rest on being able to secure just compensation for the total damages they’ve sustained. Unfortunately, there are challenges when it comes to securing compensation that exceeds the at-fault party’s policy limits.

One option is to bring a direct lawsuit against the at-fault party. This may not be the best course of action when the at-fault party won’t be able to pay for the damages. You may be awarded the full amount of your damages, but if they aren’t able to pay or sell assets to pay, there may be little recourse to receiving that compensation.

Another option would be to look at your insurance coverage as stated above. If you have uninsured motorist coverage, you may be able to use those policy limits to make up for the difference between your damages and the at-fault party’s insurance. O.C.G.A. § 33-7-11 requires insurance companies to offer uninsured motorist coverage at the same limits as liability insurance above. However, buyers have the option to decline the coverage in writing. If you do not have uninsured motorist coverage, then you must explore other options.

There may be other at-fault parties beyond the motor vehicle that struck you. Perhaps the vehicle had manufacturing defects, in which case claims may be brought against the manufacturer and dealer. Or there may have been government agencies responsible for the roads or signage that contributed to the accident. If the driver is different than the owner of the vehicle, there could potentially be multiple insurance policies at play.

How Long Does A Pedestrian Accident Take to Settle?

Understanding how long a pedestrian accident takes to settle is important as you decide which course of action to take next. An injured pedestrian accident victim may not wish to proceed with an investigation and trial if they can’t afford to go without compensation in the next month. Or they may only be able to determine their next steps if they have an idea of how long it may be until they see compensation.

As with the average pedestrian injury compensation, there’s unfortunately no average time to a settlement. Like compensation, it depends on the facts and circumstances of the accident and the length of treatment for the injured party. For less complex pedestrian accidents, there may be a few weeks to a few months between the accident and a settlement. As the complexity grows, so too may the time to a settlement.

The complexity of the case depends on when and where the accident took place, whether there were witnesses, the severity of the injuries, and the number of potentially at-fault parties. These factors increase the complexity because they’ll require more time for a pedestrian accident attorney to investigate and recreate the accident scene. It also means additional time to track down witnesses or additional parties and prepare depositions.

Fighting Hard & Winning Cases^® for Injured Pedestrians

In a single step, a simple walk can become a complex claim for necessary compensation. Navigating the laws, liability insurance limits, and reliving the accident may feel like a burden too heavy to carry while you’re trying to recover. It’s certainly not something you should have to shoulder alone.

That’s where the team of pedestrian accident attorneys at Montlick can make the difference. We have over 40 years of experience fighting to get our clients the maximum compensation they’re owed. We understand the pain, shock, and uncertainty that accompanies pedestrian accidents, so we know how important honest, straightforward communication is at this time.

That’s why we treat our clients as if they’re our family, and fight to get them every cent they’re owed. We listen to our client’s story, make ourselves available to answer any questions, and we always fight for our client’s best interest.

Contact us today to see how Montlick can make a difference. Your initial consultation is free.