Average Payout for Pedestrian Hit by Car: What to Expect

The average payout for pedestrians being hit by a car will vary based on injuries and case specifics. While settlement can be all over the place, minor injury cases might settle in the range of $10,000 to $50,000, with moderate injury cases falling within the range of $50,000 to $150,000, and in cases of serious or catastrophic injuries, the amount goes upwards of $1,000,000. This would also consider medical bills, wages lost, and pain and suffering.

Each case varies, and the value of any settlement or judgment depends upon the case, including such factors as injury to the pedestrian, determination of liability, and the amount of insurance available. An Austin pedestrian injury attorney ensures that you pursue the maximum possible compensation for your case.

Pedestrian Rights in Texas

In Texas, the right of way is usually with pedestrians in many instances, especially in dealing with marked crosswalks and intersections. The law requires that a driver yield the right of way to a person who is crossing lawfully. Pedestrians, on the other hand, are expected to undertake certain responsibilities also such as obedience to traffic signals and not suddenly moving into the path of traffic. Major points regarding pedestrian rights in the state consider:

• Right of way in crosswalks: The drivers must yield the right of way to pedestrians both on marked or unmarked crosswalks at intersections.
• Safety on sidewalk: They are to walk on sidewalks where available and drivers ought to exercise caution about them
• Prohibition against jaywalking: They shall cross the street at crosswalks or intersections which have traffic signals.

Bicycle & Pedestrian Law guide by Texas Municipal Courts Education Center Section 552 of the Texas Transportation Code dictates the instances in which a driver and a pedestrian both need to yield. In any marked or unmarked crosswalk, they technically have the right of way, though they are also supposed to avoid stepping into oncoming traffic when unsafe to do so.

Statistics on Pedestrian Accidents in Texas

Pedestrian accidents in the state are pretty common and, at most times, result in critical injuries or even death. According to the estimates brought forward by the Texas Department of Transportation, in 2022 alone, more than 5,000 incidents were recorded that resulted in the fatalities of over 800 people along with thousands of injuries. Some statistics to watch out for include:

• Pedestrian deaths make up approximately 17% of all Texas traffic deaths every year.
• The most dangerous places for pedestrians are urban centers such as Austin, where busy intersections along with distracted driving lead to accidents.

Texas is in the top 10 states in the country for pedestrian deaths. More importantly, research from Smart Growth America has found that people experience systemic danger through roadways that are poorly designed with a lack of safety measures. These are elements that show how good legal representation along with good urban planning become important factors.

Types of Injuries Involved in a Pedestrian Accident

Pedestrian accidents often cause severe injuries because of the disparity between a person on foot and the size and speed of a vehicle. Some common injuries include:

• Head and spine injuries: Traumatic brain injuries (TBIs), concussions, and spinal cord damage leading to paralysis or long-term impairment.
• Broken bones and fractures: Legs, arms, and hips are especially vulnerable during collisions.
• Internal injuries: Organ damage or internal bleeding, which can be life-threatening without immediate medical care.

A study from the National Center for Biotechnology Information highlights that pedestrian accidents frequently lead to head and lower extremity injuries, emphasizing the significant medical care victims require post-collision.

Statute of Limitations in Texas

In Texas, you have two years from the date of the pedestrian accident to file a personal injury lawsuit, as highlighted in the Tex. Civ. Prac. & Rem. Code § 16.003. Failing to submit within this period can bar you from seeking compensation. However, certain exceptions can extend the statute, such as cases involving minors or incapacitated individuals.

Given the strict timeline, it’s critical to act promptly by gathering evidence, obtaining medical evaluations, and consulting with legal professionals. Doing so guarantees you meet deadlines and strengthens your case against negligent parties.

Determining Fault in Pedestrian Accident Cases in Texas

Fault in a pedestrian incident in Texas is determined based on the principles of comparative negligence. Under Texas law, a pedestrian can recover damages even if they are partially at fault, provided their level of responsibility does not exceed 50%.

To establish liability, investigators and insurance companies will consider the following:

• Traffic laws and right-of-way violations: Drivers who fail to yield to individuals in marked crosswalks are typically deemed at fault.
• Speeding or distracted driving: Texting, eating, or engaging in other distractions can show negligence on the driver’s part.
• Pedestrian behavior: If the pedestrian was jaywalking or crossing against traffic signals, it might affect their compensation.

Working with an experienced legal team assures your case is thoroughly investigated to protect your right to fair compensation.

Know the Average Settlement Figures for Pedestrian Accidents in Texas

If you’ve been hit by a car as a pedestrian, you might wonder how much money you could get. While every case is different, here are some general figures of how much pedestrian injuries might cost:

• Minor injuries: $5,000 to $50,000
• Moderate injuries: $50,000 to $100,000
• Serious injuries: $100,000 to $500,000
• Severe or life-changing injuries: $500,000 to millions

These are just examples of averages. Your case could be worth much more or less, depending on your specific situation.

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Key Factors Influencing Pedestrian Settlement Amounts

Several things can affect how much money you might get:

• The severity of your injuries
• Your medical bills
• How much work you missed
• Whether you’ll have long-term problems from the accident
• Who was at fault for the accident
• How much insurance coverage is available
• Whether you have a good lawyer

Real-World Example of Pedestrian Accident Settlements

While every case is different, our firm has seen firsthand the high values that pedestrian accident claims can require. For example, we represented a client who suffered hip and arm injuries when a commercial vehicle ran them over. We were able to secure $1,000,000 for their losses. Remember, this is only one example and never a guarantee of future results. 

Steps to Take After Being Hit by a Car to Maximize Your Settlement in Austin

To get the best settlement possible:

• Get medical care right away
• Follow all your doctor’s instructions
• Keep all your medical bills and records
• Take pictures of your injuries
• Don’t talk to the driver’s insurance company without a lawyer
• Don’t post about your accident on social media
• Talk to a lawyer who knows about pedestrian accidents in Austin

The Role of Legal Representation in Maximizing Pedestrian Settlements

Having the right pedestrian accident lawyer can help you obtain the compensation you are owed for the pedestrian accident. A lawyer can:

• Figure out how much your case is worth
• Gather evidence to prove the driver was at fault
• Deal with tricky insurance companies
• Negotiate to get you the best settlement possible
• Take your case to court if needed

Lawyers know how to handle all the complex parts of your case, which can lead to a much better outcome for you.

Frequently Asked Questions

How serious is getting hit by a car?

Being hit by a car usually results in life-altering injuries or even fatalities. The severity depends on factors like the vehicle’s speed and the pedestrian’s position at the time of impact. Victims may require prolonged medical care, rehabilitation, and financial recovery.

According to the National Highway Traffic Safety Administration, pedestrians accounted for 17% of all traffic-related fatalities in 2021, reflecting the dangerous nature of these incidents.

What happens if you hit a pedestrian in Texas?

In the state, drivers who hit a pedestrian must remain at the scene, provide assistance, and exchange information. Failing to do so could result in hit-and-run charges. Additionally, the driver may face liability for damages if they are found negligent.

Drivers are constantly required to carry liability insurance to cover medical expenses and other losses incurred by the victim. Pedestrians also have the right to pursue a personal injury claim if the driver’s actions contributed to the accident.

How much is the average payout for a pedestrian hit by a car near Texas?

The average payout for a pedestrian hit by a car in Texas ranges between $15,000 and $75,000 for non-fatal injuries, with higher settlements possible for serious or permanent injuries. Factors influencing payouts include medical expenses, lost wages, pain and suffering, and long-term disability. For cases involving fatalities, wrongful death settlements can exceed six figures.

A breakdown of compensation typically includes:

• Economic damages: Medical bills, rehabilitation costs, and lost income.
• Non-economic damages: Pain, suffering, and emotional distress.

Payouts for pedestrian incidents can vary significantly depending on factors such as injury severity, medical costs, and liability. For example, Consumer Shield notes that settlements often reflect both the economic and non-economic damages incurred by victims.

How much are most personal injury settlements in Texas?

Most personal injury settlements in Texas fall between $15,000 and $100,000, depending on the injury’s nature and the case’s strength, for catastrophic injuries such as paralysis or traumatic brain injuries, settlements or jury awards can reach millions.

Insurance policy limits also play a significant role in determining the maximum payout available. Victims should consult a skilled personal injury lawyer to maximize their compensation by negotiating with insurance companies or pursuing litigation if necessary.

Contact An Austin, Texas Pedestrian Accident Lawyer for a Free Consultation

If you’ve been hit by a car in Austin, don’t handle it alone. The TK Injury Lawyers Austin, Texas pedestrian injury attorney will help you understand your rights and fight for the money you deserve. 

We offer free consultations to listen to your story, explain your options, and answer your questions. Call us at (512) 910-2000 or contact us online for an inicial free consultation.