For you to be prepared, we will explain what to do in case you are hit by a car. And, in the process, you will understand why a good response during this event will allow you to have a better average compensation for being hit by a car.
Immediate Steps After a Pedestrian Accident
Seek Medical Attention First
The first step is to seek immediate medical attention. If you did not lose consciousness, call the emergency service (911) or *FHP (347). If you have lost consciousness, the person who hit you must stay in the area of the accident and call emergency services to treat you. The responsible party must abide by the law and stay at the scene, as explained in the “Stay at the Scene” campaign.
Document the Scene and Collect Evidence
If your injuries permit, collect photographic evidence of the scene. Even if there are witnesses, it’s helpful to have your own documentation. If you are unable to collect evidence, the responsible party has a legal duty to take photographs and gather evidence, as stated in “The Official Florida Driver License Handbook” of 2023, page 77, under “Your Responsibilities After a Crash.”
Report the Accident to the Authorities
To calculate the average compensation for being hit by a car, it is essential to report the accident to the authorities. Law enforcement may create a report, but if it’s not required, the responsible party must submit a written report of the crash to FLHSMV within 10 days, as described in “The Official Florida Driver License Handbook” of 2023, page 77.
Common Pedestrian Crash Injuries
Now that you understand what to do after being hit by a car, we will explain the most common injuries in these types of accidents.
According to the “2023 Report of Deaths and Injuries Involving Off-Highway Vehicles with More than Two Wheels,” published in May 2024, these are the most common diagnoses:
- Fractures (29%)
- Contusions/abrasions (18%)
- Internal organ injuries (16%)
The report details the most commonly injured body parts:
- Head and neck (35%)
- Arms (shoulders to fingertips, 27%)
- Torso (19%)
- Legs (17%)
The most affected sexes were:
- Males (68%)
- Females (32%)
Below, we will explain some important data regarding the most typical or fatal/disabling injuries.
Traumatic Brain Injuries and Spinal Cord Injuries
To calculate the average compensation for being hit by a car, injuries such as traumatic brain injuries and spinal cord damage are critical. These are very serious injuries that involve high treatment costs and extensive recovery time.
Fractures and Soft Tissue Injuries
Fractures (29%) and contusions/abrasions (18%) are the two most common diagnoses. According to a study from Advances in Orthopedics, the most common fractures are:
- Adults of short stature: Femur fractures
- Tall adults: Tibia fractures
- Frontal impacts: Knees, thighs, and hips
- Lateral impacts: Pelvic injuries
- Posterior impacts: Spine, occipital region of the skull, and shoulder blades
Soft tissue damage depends on whether the victim was thrown by the blow and the surface they landed on. These injuries are also considered in calculating the average compensation for being hit by a car.
Average Compensation for Being Hit by a Car
Examples of Pedestrian Accident Settlements
The average amount payable after a pedestrian collision varies depending on the damages. In some cases, amounts can reach millions, such as a family who won a $2.95 million lawsuit against Oakland.
Additionally, the hit-and-run compensation amount is often higher because fleeing the scene constitutes a crime.
Factors Affecting Compensation Amounts
When calculating compensation, several factors are considered, including:
- The type of injury
- The age of the victim
- Treatment and recovery expenses
- State laws
- Comparative fault (e.g., contributory negligence)
- Whether the responsible party fled or was under the influence of alcohol or drugs
An average settlement hit by a drunk driver is typically significantly higher than when the driver was not intoxicated.
Why It Is Important to Have Legal Representation
Having a pedestrian accident lawyer is essential for the following reasons:
- A good lawyer can ensure a fair trial, defend your rights as a citizen and pedestrian, and help you secure the average settlement for car accident you deserve.
- With the help of a pedestrian accident lawyer, any pedestrian hit by a car is more likely to receive fair compensation for both economic and non-economic damages.
Contact Louis Berk Law Today for Expert Help
With the services of Louis Berk Law, not only will you secure the best average compensation for being hit by a car, but you will also receive support for all the economic and non-economic damages you may suffer.
Schedule a free consultation to explore your legal options after a pedestrian accident.
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