Compensation for a pedestrian hit by car depends on various factors, which we will discuss in this article. Understanding these factors can help you better estimate what your compensation might look like.
Key Factors in Compensation for Pedestrian Accidents
Below, we will explain some factors that affect the calculation of the average compensation for being hit by a car:
Severity of Your Injuries and Rehabilitation Needed
As reported in the “2023 Report of Deaths and Injuries Involving Off-Highway Vehicles with More Than Two Wheels,” published in May 2024, the most common injuries are as follows:
- Fractures (29%)
- Contusions/abrasions (18%)
- Internal organ injuries (16%)
In terms of the most affected body parts, the report specifies the following:
- Head and neck (35%)
- Arms (from shoulders to fingertips, 27%)
- Torso (19%)
- Legs (17%)
Therefore, when calculating the amount of compensation the victim deserves, we must consider that fractures are often a moderately serious type of injury. When the injuries are more serious, the higher the amount of compensation should be. Some fractures, due to their seriousness, require some rehabilitation time. And, such rehabilitation always has an added cost to the cost of the basic treatment. Because of this, these costs are considered when calculating the compensation for a pedestrian hit by car.
Insurance Coverage and Payment Limits
According to the Florida Insurance Requirements, every vehicle must have Personal Injury Protection (PIP) car insurance, which covers 80% of reasonable medical expenses up to $10,000.
Now, in the event that the expenses exceed $10,000, is when the victim must take some legal action to have the responsible party pay this expense.
Comparative Negligence and Possible Victim’s Fault
According to Florida’s tort law, in its amendment of 2023, in the section of “MODIFIED NEGLIGENCE STANDARD,” modified comparative negligence is specified. That is, if, during the settlement of the injury suffered by the victim, the victim is found to be 50% or more at fault, compensation for economic and non-economic damages will not be available.
Although this calculation of fault may be somewhat subjective. For example, if the pedestrian crosses the street distracted because when the pedestrian is listening to music with headphones and when the pedestrian traffic light is red, it could be analyzed how much fault the pedestrian has for the accident.
Average Compensation for Pedestrian Accidents
Now, we will explain what the average compensation for being hit by a car could be for a pedestrian hit by car.
Hit and Run Compensation Scenarios
According to “The Official Florida Driver License Handbook” of 2023, the responsible party in a crash has a legal duty to remain at the scene of the accident. This is so important that there is even a movement called “Stay at the Scene” which encourages drivers to stay at the scene of the accident and is encouraged by the Florida Highway Safety and Motor Vehicles (FLHSMV).
Even leaving the scene of a hit-and-run crash is considered a crime, as outlined in Florida Statute 316.027. Because fleeing is a crime, the hit and run compensation amount is usually higher than when the driver remains at the scene.
Differences in Payments in Drunk Driving Cases
Another factor that affects compensation is when the accident is caused by a drunk driver. This is a felony, which is stated in the “Florida DUI and Administrative Suspension Laws.” Because of this, the average settlement hit by drunk driver is much higher than when the driver is not drunk.
How Your Legal Representation Affects Your Compensation
There are several reasons to hire a pedestrian accident lawyer who specializes in injuries of a pedestrian hit by car. Below, we will explain the most relevant reasons:
Why Having a Lawyer Increases Compensation
The average settlement for car accident varies too much, and not just because of factors related to a hit-and-run or drunk driver. Good legal representation also plays a role, because a good lawyer has the experience to handle the case professionally, efficiently, and quickly. Possibly, since the victims do not know the current laws that protect them, they may not be able to get fair compensation and even may not receive any at all. Therefore, the lawyer is ideal to increase this compensation.
What to Expect from Your Lawyer
What you should expect from a good lawyer is that he should be professional, efficient, reliable, and, above all, should be able to offer personalized attention to the client. This lawyer should know not only the characteristics of the accident but also the economic and non-economic damages that the client is suffering.
Contact Louis Berk Law for Expert Guidance
Do you need an attorney with the above characteristics? Then the attorneys at Louis Berk Law are what you are looking for. We are a professional group of attorneys specializing in accidents involving a pedestrian hit by car.
Reach out for a consultation to protect your rights and secure the compensation you deserve.
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