What is the Average Settlement for a Pedestrian Hit by a Car in a Crosswalk?

pedestrian hit by car in crosswalk settlement

As pedestrians, we put ourselves at risk every time we step off the curb and into the crosswalk. We expect, even assume, that drivers will obey traffic laws and yield to us when we have the right of way. We trust that our lives aren’t at risk simply by crossing the street.

But that trust gets shattered for hundreds of Brooklyn residents every year. When a reckless or inattentive driver strikes someone in a crosswalk, the injuries are often catastrophic and life-altering. If you or a loved one has suffered due to a driver’s failure to yield in a crosswalk, you deserve fair financial compensation that covers the full extent of your damages. But determining the value of your case can be incredibly difficult.

Unfortunately, there really is no defined “average” pedestrian accident settlement, as the value depends heavily on the severity of your injuries, time away from work, future medical needs, and other factors.

That’s where having the right legal representation becomes absolutely crucial. In this guide, our attorneys will explain the variables that factor into pedestrian accident settlements under New York law.

What Are a Pedestrian’s Rights in New York?

To be considered a pedestrian with the full legal protections of New York’s traffic laws, you must be on foot, using a wheelchair, or operating a non-motorized conveyance like a skateboard. Key pedestrian rights include:

Right of Way in a Crosswalk

Pedestrians have the right of way over vehicles when lawfully crossing at intersections or marked crosswalks. Drivers must yield and allow them to fully clear the crosswalk.

Right to Use Sidewalks

Pedestrians also have the right of way on public sidewalks at all times. Vehicles must yield to them at driveway crossings, alleyways, etc.

Right to Reasonable Safety on the Road

Even outside of crosswalks, drivers must exercise reasonable care around pedestrians sharing the roadway. Failing to do so may constitute negligence.

Common Injuries After a Pedestrian is Struck by a Car

Even at relatively low speeds of 25-30 mph, the force involved when a several-ton vehicle strikes a pedestrian is immense and can cause catastrophic bodily harm:

  • Traumatic brain injuries from head/skull impacts
  • Spinal cord injuries leading to partial or full paralysis
  • Internal organ damage and internal bleeding
  • Multiple broken or crushed bones
  • Partial or full amputations of limbs
  • Permanent disfigurement and scarring

The full extent of a pedestrian’s injuries may not be readily apparent in the aftermath. That’s why seeking immediate medical care and ongoing treatment documentation is so crucial in any injury case against a negligent driver.

What is the Average Pedestrian Accident Settlement Amount?

The average settlement for a pedestrian accident in a crosswalk can ranges from $5,000 or more for recoverable injuries like road rash and whiplash to $10,000 or more for moderate injuries like broken bones.

However, for cases in New York where driver negligence is firmly established, pedestrian accident settlements can frequently climb into the six and even seven figure ranges, especially when:

  • Catastrophic injuries like traumatic brain damage are involved
  • Permanent disabilities that require lifetime care occur
  • The injured pedestrian was a high-income earner prior to the accident
  • Multiple parties (vehicle owners, employers, businesses, municipalities) share liability

However, while theoretically, there are “averages”, the reality is, most injury settlement terms are confidential and not publicly available data. And even if averages were calculable, they would have little relevance to your unique situation’s facts and damages.

Rather than speculate based on broad averages, pedestrian accident victims in New York must have their individual case details and damages properly evaluated by a qualified local personal injury firm like Held, Held & Held.

What Damages Can You Recover after a Pedestrian Accident?

When negotiating pedestrian accident settlements, our team demands compensation for the full scope of damages our clients have wrongfully suffered, including but not limited to:

  • All medical costs (current and future) related to accident injuries
  • Lost wages during recovery time and potential future lost earnings
  • Property damage like smartphones, clothing, etc. damaged in the accident
  • Emotional distress, pain and suffering, loss of enjoyment of life
  • Punitive damages in cases of egregious driver misconduct
  • Wrongful death damages if the unthinkable occurred

No settlement is considered complete until you are made whole again financially and your future quality of life needs stemming from the accident are accounted for.

When Liability is Disputed in Pedestrian Accident Cases

When the driver was clearly in the wrong for blowing through a crosswalk, getting a fair settlement from their insurance company is usually more straightforward.

But in many pedestrian accident cases, things get messy and complicated when there’s room for debate over who was actually at fault.

The insurance company will look for any opportunity to point fingers at the pedestrian and claim the facts show:

  • If the driver had the right of way or properly yielded
  • If the pedestrian was jaywalking or ignoring traffic signals
  • If the pedestrian was engaged in distracted walking behavior

Insurance companies will seize any opportunity to deflect blame onto the injured pedestrian through allegations of comparative negligence. This makes hiring skilled personal injury attorneys an absolute must.

Steps to Maximize Your Pedestrian Accident Settlement

To place yourself in the best position to secure maximum compensation, the pedestrian accident lawyers at Held, Held & Held recommend:

  • Seeking immediate medical care and treatment, even if you “feel fine” initially
  • Obtaining copies of any accident reports filed by police at the scene
  • Documenting evidence like photographs, witness statements, surveillance footage, etc.
  • Avoiding giving any statements about the accident to insurance companies
  • Allowing demonstrated legal experts to handle all communication and negotiation

Our attorneys will employ proven strategies for undercutting any contributory negligence allegations while building an ironclad case establishing the driver’s full legal liability for causing your catastrophic injuries.

Contacting a Brooklyn Pedestrian Accident Lawyer

If you or someone you love was struck by a motor vehicle while walking in Brooklyn or any of New York’s five boroughs, the personal injury attorneys at Held, Held & Held are ready to vigorously protect your rights.

Our team understands the severe, life-changing implications that pedestrian-vehicle collisions can have. We’ll investigate every aspect of your accident, build an unimpeachable case establishing liability, and fight to maximize the compensation you’re owed to the fullest extent of the law.

Best of all, you pay NO LEGAL FEES until we successfully recover a settlement on your behalf. Don’t try to negotiate with profit-driven insurance companies on your own. Let Held, Held & Held be your voice for justice and the compensation you deserve.

Author Bio

Edward Held is the founding member of Held, Held & Held, a family-owned multi-practice law firm in Brooklyn, NY. With more than 40 years of experience, he has zealously represented clients in various legal matters, including personal injury, real estate, criminal defense, bankruptcy, and estate law.

Edward received his Juris Doctor from New York Law School and is a former President of the New York Law School Alumni Association Board of Directors. He has received numerous accolades for his work and has been admitted into the Supreme Court of the United States and the New York State Courts.

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