Pedestrian Hit by Car in Crosswalk Settlement: 5 Factors

The moments after being hit by a car are chaotic and overwhelming. While your first priority is your health, the steps you take next can significantly impact your financial recovery. Insurance companies often move quickly, hoping to settle for a low amount before you understand the full extent of your injuries and losses. They are not on your side. This article will serve as your guide, breaking down the complex process into clear, manageable steps. We’ll cover everything from documenting evidence to understanding the factors that shape a successful pedestrian hit by car in crosswalk settlement, giving you the knowledge to protect your rights.

Key Takeaways

• Look beyond the initial bills: A fair settlement must account for the full, long-term impact of the accident. This includes not just your current medical expenses but also future treatments, lost earning potential, and the significant non-financial cost of your pain and suffering.
• Fault isn’t an all-or-nothing issue: California law allows you to recover compensation even if you were partially responsible for the accident. Insurance companies will use any shared fault to reduce their payout, which makes proving the driver’s negligence essential.
• An advocate is crucial for a fair outcome: An experienced attorney does more than file paperwork; they build a comprehensive case, calculate the true value of your claim, and handle all negotiations to counter the tactics insurance adjusters use to minimize your settlement.

What Factors Shape Your Pedestrian Accident Settlement?

When you’re recovering from an accident, it’s natural to wonder what your case might be worth. The truth is, there’s no simple calculator for pedestrian accident settlements because every case is unique. The final amount depends on a combination of factors that paint a full picture of how the accident has impacted your life. Understanding these key elements can help you see what goes into building a strong claim and fighting for the compensation you deserve. From the immediate medical costs to the long-term effects on your career and well-being, each piece plays a crucial role in determining a fair settlement.

The Severity of Your Injuries

The nature and severity of your injuries are the foundation of your settlement value. Generally, more serious injuries lead to higher settlement amounts. This is because catastrophic injuries, like a traumatic brain injury or spinal cord damage, require extensive and expensive medical treatment, potentially for the rest of your life. They also result in greater pain and suffering and a more significant disruption to your daily life. A case involving a few broken bones that heal completely will be valued differently than one involving permanent disability. Insurance companies and juries look at the full extent of your physical harm when calculating compensation.

Medical Bills and Future Care

Your settlement must cover all medical expenses related to the accident—not just the bills you’ve already received. This includes everything from the initial ambulance ride and emergency room visit to surgeries, hospital stays, medication, and physical therapy. A critical part of this calculation is also estimating the cost of future medical care. If your injuries require ongoing treatment, rehabilitation, or assistive devices, those projected costs must be factored into your settlement. We work with medical experts to accurately forecast these future needs to ensure you aren’t left with unexpected bills down the road.

Lost Income and Earning Potential

An accident doesn’t just affect your health; it impacts your finances. Your settlement should compensate you for any lost wages from time you had to take off work to recover. These are considered direct financial losses. But it goes deeper than that. If your injuries prevent you from returning to your previous job or limit your ability to earn money in the future, you can also seek compensation for loss of earning capacity. This is especially important for victims who suffer permanent disabilities. We calculate these losses to ensure your financial stability isn’t compromised by someone else’s negligence.

Pain and Suffering

Not all damages come with a price tag. “Pain and suffering” is a legal term for the physical discomfort and emotional distress you experience because of the accident. This includes things like chronic pain, anxiety, depression, insomnia, and the loss of enjoyment of life—like being unable to play with your children or participate in hobbies you once loved. While it’s difficult to assign a dollar value to these experiences, they are a very real and significant part of your claim. California law allows you to recover compensation for this emotional and physical toll, and it often makes up a substantial portion of a settlement.

The Driver’s Negligence

The circumstances of the accident itself play a major role. If the driver was acting with extreme carelessness or recklessness, it can significantly influence your settlement. For example, if the driver was drunk, texting while driving, or speeding excessively through a crosswalk, their level of negligence is high. In California, this can not only strengthen your claim for compensation but may also open the door to punitive damages in some cases. These are additional damages intended to punish the at-fault party for their egregious behavior and deter others from acting similarly. Proving the driver’s negligence is key to a successful claim.

How Much Is a Pedestrian Accident Case Worth?

It’s one of the first questions on everyone’s mind after an accident: “What is my case actually worth?” The truth is, there’s no simple calculator for pedestrian accident settlements. Every single case is different because every person’s experience, injuries, and losses are unique. The final settlement amount depends on a combination of specific details, from the severity of your injuries to the at-fault driver’s insurance policy.

Think of it less like a fixed price tag and more like a puzzle. We have to piece together all the evidence—medical records, lost wage statements, and the full impact on your life—to build a clear picture of what you’re owed. While we can look at averages and past results for guidance, the most important thing is to understand the specific factors that will shape the value of your claim. Below, we’ll walk through what those factors are and how they influence your potential compensation.

Typical Settlement Ranges in California

While it’s impossible to predict an exact number, looking at typical settlement ranges can give you a general idea. Studies show the average settlement for a pedestrian hit by a car is around $67,000, with the median (or middle) value being closer to $30,000. For cases involving more minor injuries like broken bones, settlements often fall between $10,000 and $75,000. However, when injuries are catastrophic—like a traumatic brain or spinal cord injury—the settlement value can easily exceed $100,000 and sometimes reach over $1 million. These figures are just benchmarks; your case’s value is tied directly to your personal circumstances and losses.

Why Settlement Amounts Vary

So why is there such a wide range? Several key factors cause settlement amounts to vary so dramatically. The most significant is the severity of your injuries, as this directly impacts your medical costs and overall suffering. Another critical element is who was at fault. California law allows for shared fault, so if you were found partially responsible for the accident, your final compensation would be reduced. Finally, the amount of available insurance coverage plays a huge role. Even with severe injuries, a settlement can be limited by the at-fault driver’s insurance policy limits, which is why understanding all sources of recovery is so important.

What Can Increase Your Settlement Value?

Certain factors can significantly increase the value of your settlement. More serious injuries almost always lead to higher compensation. This is because they require more extensive medical treatment, may involve future care needs, cause you to miss more time from work, and result in greater pain and suffering. A case involving a permanent disability will be valued much higher than one with injuries that fully heal. The driver’s actions also matter. If the driver was acting with extreme recklessness, such as driving under the influence or texting while driving, it can strengthen your claim and potentially lead to a higher settlement to punish that behavior.

How Does Fault Impact Your Compensation?

When you’ve been hit by a car, it’s easy to assume the driver is automatically 100% at fault, especially if you were in a crosswalk. While drivers have a significant duty to watch for pedestrians, determining fault isn’t always so straightforward. The insurance company for the at-fault driver will look for any reason to argue that you share some of the blame, as this can reduce the amount they have to pay you.

In California, the concept of fault is flexible. It’s not an all-or-nothing game. Even if you were partially responsible for the accident, you can still recover compensation for your injuries. Understanding how this works is key to protecting your claim and ensuring you receive a fair settlement. An experienced attorney can build a strong case to minimize your percentage of fault and demonstrate the full extent of the driver’s negligence, which is critical for securing the compensation you deserve.

Understanding California’s Comparative Negligence Rule

California operates under a “pure comparative negligence” rule. This sounds complicated, but the idea is simple: your financial compensation is reduced by your percentage of fault. If a court determines you were 10% responsible for the accident, your final settlement amount will be reduced by 10%. For example, if your total damages are $100,000, you would receive $90,000.

This rule acknowledges that sometimes, more than one person contributes to an accident. While pedestrians often have the right of way, there are situations where they can be held partially liable. The key takeaway is that sharing a small amount of fault does not prevent you from filing a claim. The legal system provides a way to apportion responsibility and ensure you are still compensated for the harm caused by the more negligent party.

What if You’re Partially at Fault?

It’s a common worry: “What if I was looking at my phone?” or “What if I wasn’t exactly inside the crosswalk?” These are valid concerns, and they can impact your case. Actions like crossing against a “Don’t Walk” signal, darting into the street unexpectedly, or being distracted by your phone could lead to you being assigned a percentage of fault.

However, unlike some states that bar you from recovery if you are 50% or more at fault, California allows you to recover damages even if you are found 99% responsible. The other party’s insurance adjuster will try to use any available evidence to shift as much blame onto you as possible. This is why having a skilled lawyer is so important—we work to gather evidence that clearly shows the driver’s actions were the primary cause of the accident.

How Traffic Violations Affect Your Claim

Most pedestrian accidents happen because a driver was careless. Proving the driver’s negligence is the foundation of your personal injury claim. Common traffic violations that establish driver fault include speeding, running a red light or stop sign, failing to yield to a pedestrian in a crosswalk, and making a turn without checking for people crossing the street.

One of the most significant factors today is distracted driving. If we can prove the driver was texting, talking on the phone, or otherwise not paying attention, it builds a powerful case for their negligence. Police reports, witness statements, and traffic camera footage can all serve as crucial evidence to demonstrate that the driver violated traffic laws and breached their duty to keep others on the road safe.

Common Injuries in Crosswalk Accidents

When a car strikes a pedestrian, the resulting injuries can be devastating. Your body is vulnerable against the force of a moving vehicle, and the harm you suffer is the single most important factor in shaping your settlement. The extent of your injuries directly influences your medical expenses, your ability to earn a living, and your quality of life, both now and in the future. Recognizing the types of injuries common in these accidents helps you understand the full scope of your claim and why it’s critical to account for every detail of your recovery.

Head and Brain Injuries

A blow to the head can cause some of the most severe and life-altering injuries, including concussions and traumatic brain injuries (TBIs). The long-term effects aren’t always obvious at first but can include memory problems, chronic headaches, difficulty concentrating, and even personality changes. Because these injuries can require lifelong management and care, they have a significant impact on your settlement value. More serious injuries naturally lead to bigger payouts because they involve higher medical bills, more lost wages from missed work, and a greater degree of pain and suffering. A fair settlement must account for all future medical needs related to a brain injury.

Broken Bones and Fractures

Broken bones are incredibly common in pedestrian accidents, especially in the legs, arms, hips, and pelvis. A fracture is far more than a temporary inconvenience; it can require surgery, the insertion of plates or screws, and a long, painful rehabilitation process with physical therapy. Depending on your job, a broken bone could keep you out of work for months. Cases involving serious injuries like fractures can result in settlements of over $100,000 because the costs add up quickly. Your compensation should cover everything from the initial emergency room visit and surgical procedures to the physical therapy needed to help you regain your strength and mobility.

Spinal Cord Damage

An impact from a vehicle can easily damage the spinal cord, leading to catastrophic and permanent consequences. These injuries range from herniated discs that cause chronic pain and numbness to severe damage resulting in partial or complete paralysis. A spinal cord injury can change every aspect of your life, often requiring a lifetime of medical care, assistive devices like wheelchairs, and modifications to your home and vehicle. Because the costs of this ongoing care are so immense, settlements in these cases must be substantial enough to provide financial security for the rest of the victim’s life, covering medical needs and profound suffering.

Soft Tissue Injuries and Road Rash

Not all injuries are as obvious as a broken bone. Soft tissue injuries, such as whiplash, deep muscle tears, and sprains, can cause debilitating chronic pain and limit your ability to move freely. Similarly, road rash—where the skin is scraped away—is not just a simple cut. It can be extremely painful, lead to serious infections, and result in permanent scarring. While these might be considered less severe than a spinal injury, they still have a major impact on your life. Even for what insurance companies might call “minor” injuries, settlements can range from $10,000 to $75,000 to compensate for medical treatment, physical therapy, and your pain.

What Damages Can You Recover?

After being hit by a car, the physical and emotional toll can be overwhelming. The legal system provides a way to get financial compensation for these losses, which are referred to as “damages.” Understanding what you can claim is the first step toward getting the support you need to rebuild. Compensation isn’t just about covering bills; it’s about acknowledging the full impact the accident has had on your life.

In California, damages are generally broken down into three categories: economic, non-economic, and, in rare cases, punitive. Each one covers a different type of loss you’ve experienced. Economic damages handle the direct financial costs, while non-economic damages address the personal, human cost of the injury. Punitive damages are different altogether and are meant to punish the at-fault party for extreme misconduct. An experienced attorney can help you identify and calculate all the damages you are entitled to.

Economic Damages

Economic damages are the most straightforward because they cover your direct financial losses. Think of these as any costs that you can track with a receipt, bill, or pay stub. This includes all of your “actual money losses, like medical bills, lost wages from missing work, and costs for therapy or equipment.” This isn’t limited to the bills you have today; it also includes the projected costs of future medical care, such as ongoing physical therapy, necessary surgeries, or in-home assistance. It’s crucial to keep detailed records of every expense related to your accident, as this documentation is the foundation for building a strong claim for your financial recovery.

Non-Economic Damages

Non-economic damages compensate you for losses that don’t have a clear price tag. These are the deeply personal impacts of the accident, covering things like your physical pain, emotional distress, and the ways the injury has affected your daily life and ability to enjoy your hobbies. While you can’t produce a receipt for suffering, this is a very real and significant part of your experience. As a general rule, “the more serious your injuries, the more money you can generally expect for non-economic losses.” This type of compensation for pain and suffering acknowledges the human cost of the accident, including anxiety, depression, or loss of quality of life.

When Punitive Damages Might Apply

Punitive damages are in a separate category because their purpose isn’t to compensate you for a loss but to punish the person who caused your injuries. As a result, “these are rare and only given to punish a driver who was extremely reckless (like drunk driving).” They are reserved for cases where the at-fault party’s behavior was particularly outrageous or malicious. For example, if the driver was street racing, fleeing from the police, or intentionally tried to cause harm, a court might award punitive damages to send a clear message that such conduct will not be tolerated. Because the standard is so high, these damages are not a factor in most pedestrian accident cases.

How Insurance Coverage Affects Your Settlement

After an accident, we calculate the value of your claim based on your injuries, medical expenses, lost wages, and overall suffering. However, the amount of money you can actually recover often comes down to a practical factor: insurance coverage. Think of an insurance policy as a well. Even if your case is worth 100 gallons of water, you can only get what’s inside. If the well only holds 50 gallons, that’s the most you can draw from it. This is why understanding the available insurance is a critical step in any pedestrian accident case.

The settlement process involves identifying all possible sources of compensation, starting with the at-fault driver’s policy. If their coverage isn’t enough—or if they have no insurance at all—we then look to your own policy. Navigating these different policies and their specific limits can be complicated, but it’s essential for ensuring you receive the maximum possible compensation for your injuries. An experienced attorney knows exactly where to look and how to piece together coverage from different sources to meet your needs.

The At-Fault Driver’s Policy Limits

Every insurance policy has a maximum amount it will pay out for a claim, known as the policy limit. In California, drivers are only required to carry a minimum of $15,000 in liability coverage for injury to a single person. If your medical bills and other damages far exceed this amount, the at-fault driver’s insurance company will not pay a penny more than their policyholder’s limit. While you can technically sue the driver personally for the remaining amount, it’s often difficult to collect if they don’t have significant personal assets. This is why the at-fault driver’s insurance policy is the first and most important factor we investigate.

Your Uninsured/Underinsured Motorist Coverage

What happens when the driver who hit you has no insurance or their policy limits are too low to cover your bills? This is where your own auto insurance policy can step in, provided you have Uninsured/Underinsured Motorist (UM/UIM) coverage. This is an optional but vital protection that covers your expenses when the responsible party cannot. Uninsured Motorist coverage applies in hit-and-run situations or when the driver has no insurance. Underinsured Motorist coverage helps bridge the gap when your damages exceed the at-fault driver’s low policy limits. We can help you review your own policy to see if you have this valuable protection.

Understanding Policy Maximums

It’s a frustrating reality that the value of your injuries can be much higher than the available insurance coverage. Policy maximums are a hard cap on what an insurance company is obligated to pay. For example, if you have $100,000 in damages but the at-fault driver only has a $15,000 policy, their insurer will only offer that $15,000. This is true no matter how severe your injuries are or how clear the driver’s fault is. A skilled attorney will work to uncover all possible layers of coverage, including umbrella policies or other insurance that might apply, to ensure every potential source of compensation is explored for your benefit.

What to Do Immediately After a Crosswalk Accident

The moments following a crosswalk accident can feel chaotic and overwhelming. Your head is spinning, you’re in pain, and it’s hard to think clearly. What you do next, however, can significantly impact both your physical recovery and your ability to secure fair compensation. Taking a few clear, deliberate steps can protect your health and preserve your legal rights. If you’re feeling shaken, try to focus on these key actions one at a time. It’s about creating a record of what happened and ensuring you get the care you need, which will form the foundation of your personal injury claim.

Prioritize Medical Attention

Your well-being is the absolute top priority. You need to seek medical help right away, even if you think your injuries are minor. Adrenaline from the shock of the accident can easily mask pain, and some serious conditions, like internal bleeding or concussions, have delayed symptoms. Seeing a doctor creates an official record linking your injuries to the accident, which is essential for your claim. Be sure to follow all of your doctor’s treatment recommendations, attend every follow-up appointment, and keep detailed records of each medical visit and bill. This documentation provides clear evidence of the harm you’ve suffered and the cost of your recovery.

Document the Scene

If you are physically able, it’s important to gather as much evidence as you can right at the scene. Use your phone to take photos and videos from multiple angles. Capture images of the crosswalk, any traffic signals, the vehicle that hit you (including the license plate), your injuries, and any damage to your personal property like a phone or clothing. It’s also crucial to call the police so they can create an official accident report. Before they leave, ask the responding officers how you can obtain a copy of the police report, as this document will be a key piece of evidence in your case.

Gather Witness Information

Independent witnesses can be incredibly valuable to your claim. If anyone saw what happened, politely ask for their name and contact information. A statement from a neutral third party can confirm your version of events and counter any attempts by the driver or their insurance company to shift the blame onto you. Most people are willing to help, but they may not stick around for long, so it’s best to act quickly. Getting their phone number or email address before they leave the scene can provide the leverage needed to prove the driver was at fault.

Common Mistakes That Can Weaken Your Claim

In the days and weeks following an accident, it’s easy to make mistakes that could seriously hurt your case. First, avoid posting anything about the accident or your recovery on social media. Insurance companies often search through public profiles for photos or comments they can use to argue your injuries aren’t as severe as you claim. Second, do not give a recorded statement to the at-fault driver’s insurance adjuster without speaking to a lawyer first. Their job is to minimize the company’s payout, and they are trained to ask leading questions that could be used against you later on.

Challenges You Might Face in the Settlement Process

Getting the compensation you deserve after an accident should be straightforward, but the settlement process often comes with its own set of hurdles. Insurance companies are businesses, and their goal is to protect their profits, not necessarily to give you a fair payout. This can feel incredibly frustrating, especially when you’re trying to focus on your recovery. Understanding these potential roadblocks ahead of time can help you prepare for what’s to come.

You might find yourself up against an insurance adjuster who seems friendly but is trained to minimize your claim. You could also face arguments that you were somehow at fault for the accident, even if you were in a crosswalk. And finally, the responsibility will be on you to prove not just that you were injured, but the full impact those injuries will have on your life, now and in the future. Let’s walk through these common challenges.

Dealing with Insurance Adjusters

Soon after your accident, you’ll likely get a call from the at-fault driver’s insurance adjuster. While they might sound concerned and helpful, it’s important to remember their primary goal: to settle your claim for the lowest amount possible. Adjusters use several tactics to achieve this. They might delay processing your claim, hoping you’ll get frustrated and accept a low offer. They may also request excessive paperwork, downplay the severity of your injuries, or even try to get you to admit partial fault in a recorded statement. A common strategy is to make a quick, lowball settlement offer before you even know the full extent of your medical needs. It’s crucial to be cautious in these conversations with adjusters and avoid agreeing to anything without legal advice.

The Myth of Automatic Fault

Many people believe that if a car hits a pedestrian, the driver is automatically at fault. Unfortunately, that’s not always the case in California. While drivers have a duty to exercise care, pedestrians also have responsibilities. Insurance companies know this and will look for any reason to argue you were partially to blame. For example, while pedestrians generally have the right-of-way in marked crosswalks, they must still yield to traffic if they step off the curb when a car is too close to stop. The concept of comparative negligence means your final settlement can be reduced by your percentage of fault. The insurance company might claim you were distracted or crossed against a signal to reduce their payout.

Proving the Full Extent of Your Injuries

It isn’t enough to simply tell the insurance company you were hurt. You have to prove the full scope of your injuries and how they’ve impacted your life. The more serious your injuries, the higher your potential settlement, because they come with greater costs. This includes not just your current medical bills but also the estimated cost of future care, like physical therapy or additional surgeries. You also need to document any lost wages from being unable to work. This is why keeping meticulous records is so important. Every doctor’s visit, prescription, and therapy session helps build a strong case that demonstrates the true financial and personal cost of the accident. Without thorough medical documentation, it’s much easier for an insurer to argue your claim is worth less.

How Long Does a Pedestrian Accident Settlement Take?

After being hit by a car, one of the first questions on your mind is likely, “How long will this take?” It’s a completely valid question. You have medical bills piling up and you’re trying to get your life back on track. While there’s no single answer that fits every situation, understanding the general process can help make the wait feel more manageable. The timeline for a pedestrian accident settlement depends heavily on a few key factors: the severity of your injuries, how clearly the driver was at fault, and the insurance company’s willingness to negotiate a fair agreement.

The goal is always to secure the full compensation you deserve, not just the fastest settlement possible. Rushing the process can mean leaving money on the table that you need for future medical care or lost wages. Let’s walk through what a realistic timeline looks like and the factors that can make your case move faster or slower.

A Realistic Timeline

While every case follows its own path, we can look at some general timeframes based on complexity. A straightforward case with minor injuries might settle in as little as three to six months. Cases involving more moderate injuries often take between six and twelve months to resolve. For complex claims with severe, life-altering injuries, or those that end up going to court, the process can take one to three years, sometimes longer.

A major reason for this variation is the time it takes for you to heal. We typically wait until you’ve reached what’s known as Maximum Medical Improvement (MMI). This is the point where your doctors have a clear picture of your long-term prognosis. Waiting for MMI ensures we can account for all your past, present, and future medical needs in the settlement demand.

What Speeds Up or Slows Down a Case

The timeline of your case is often a push-and-pull between your legal team’s preparation and the insurance company’s tactics. To move your case forward efficiently, we focus on building a powerful claim from day one. This means thoroughly gathering evidence like the police report, witness statements, and medical records to prove the other driver’s negligence.

However, insurance adjusters have their own goals, which often involve paying out as little as possible. They can slow the process down by disputing who was at fault, questioning the severity of your injuries, requesting excessive documentation, or making an unreasonably low initial offer. These delays are often a strategy to wear you down, which is why having an experienced attorney to handle the negotiations is so critical.

Deciding Between a Settlement and a Trial

It’s important to know that the vast majority of personal injury cases are resolved through a settlement, without ever stepping into a courtroom. A settlement is a formal agreement where the at-fault party’s insurance company agrees to pay you a specific amount of money, and in return, you agree to end your claim. This provides a definite outcome and is typically much faster than a trial.

Going to trial means asking a judge or jury to decide the outcome of your case. While a trial can sometimes result in a higher award, it also carries more risk and can extend the timeline significantly. The decision to accept a settlement offer or take your case to trial is a strategic one you’ll make with your lawyer, weighing the certainty of the offer against the potential risks and rewards of a court battle.

Why You Need a Lawyer for Your Pedestrian Accident Claim

After being hit by a car, your top priority is healing. The last thing you want to deal with is a mountain of paperwork, confusing legal jargon, and persistent calls from insurance adjusters. This is where a personal injury lawyer becomes your most important advocate. Trying to handle a claim on your own puts you at a significant disadvantage. Insurance companies have teams of professionals dedicated to protecting their profits by paying out as little as possible. An experienced attorney levels the playing field.

Having a lawyer means you have a professional on your side who understands California’s complex traffic and liability laws. We handle the entire process for you—from investigating the accident and gathering critical evidence to negotiating with the insurance company and, if necessary, taking your case to court. Studies consistently show that accident victims who hire a personal injury lawyer receive significantly higher settlements than those who don’t. It’s not just about getting a check; it’s about securing the full and fair compensation you need to cover your medical bills, lost wages, and future care, allowing you to focus completely on your recovery.

How an Attorney Maximizes Your Compensation

An experienced lawyer knows exactly how to build a case that reflects the true value of your losses. We start by thoroughly investigating the accident to establish clear liability. From there, we meticulously document all of your economic damages, like medical bills and lost income. More importantly, we know how to calculate the value of your non-economic damages, such as pain and suffering. We often use established methods like the “multiplier formula,” which calculates these damages based on the severity of your injuries, or the “per diem formula,” which assigns a daily rate for your suffering. This ensures no aspect of your ordeal is overlooked when we demand compensation.

Fighting Lowball Insurance Offers

Insurance adjusters are trained negotiators whose goal is to settle your claim for the lowest possible amount. They often use specific tactics to achieve this. An adjuster might try to delay the process, hoping you’ll get frustrated and accept a poor offer. They may also downplay the severity of your injuries, question the necessity of your medical treatment, or even try to shift blame for the accident onto you. An attorney recognizes these strategies immediately. We handle all communication with the insurer, present a powerful, evidence-backed claim, and aggressively negotiate a fair settlement that truly covers your needs, protecting you from the pressure to settle for less than you deserve.

Our Approach to Pedestrian Accident Cases

At James McKiernan Lawyers, we believe in taking immediate and decisive action. The moments after an accident are critical, which is why we prioritize gathering evidence right away. This includes obtaining the police report, taking photos of the accident scene and your injuries, interviewing witnesses, and securing any available surveillance footage. We work with medical experts to fully understand the extent of your injuries and your long-term prognosis. By building a comprehensive and compelling case from the very beginning, we put you in the strongest possible position. Our goal is to help you understand your legal rights and fight for the justice and financial stability you need to move forward.

Related Articles

• Can a Pedestrian Sue If Hit by a Car? A 2026 Guide
• Hit by a Car? How to Calculate Your Payout
• How Long to Settle a Pedestrian Accident?

Frequently Asked Questions

What if the driver who hit me doesn’t have enough insurance to cover all my medical bills? This is a very common and stressful situation, especially since California’s minimum insurance requirements are so low. The at-fault driver’s policy is just the first place we look. If their coverage isn’t enough, we then investigate whether you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto insurance policy. This is a vital protection designed for exactly this scenario, allowing you to use your own policy to cover the gap left by the other driver.

Do I really need a lawyer if the insurance company already made me an offer? An early settlement offer can feel like a relief, but it’s important to be cautious. The first offer is almost always far less than what your case is actually worth. Insurance adjusters know you have bills piling up and may offer a quick, low amount hoping you’ll take it before you understand the full, long-term cost of your injuries. An attorney’s job is to calculate the true value of your claim—including future medical care and lost earning ability—and negotiate a settlement that actually covers all of your needs.

How is a value for “pain and suffering” actually calculated? There isn’t a simple calculator for this, as everyone’s experience is unique. However, we use established methods to demonstrate the human cost of your injuries to the insurance company. One common approach is to use a multiplier based on the severity of your physical injuries and the impact on your daily life. A more serious, permanent injury that requires a longer recovery will have a higher multiplier. This helps translate the real-world effects of your pain, stress, and loss of enjoyment into a fair monetary value.

Will I have to go to court to get my settlement? It’s highly unlikely. The overwhelming majority of personal injury cases—more than 95%—are resolved through a negotiated settlement without ever going to trial. A settlement is a formal agreement that provides you with a definite and much faster outcome. We prepare every case as if it might go to trial, which shows the insurance company we are serious. This strong preparation is usually what convinces them to offer a fair settlement, avoiding the time, expense, and uncertainty of a court battle.

What happens if I was partially at fault for the accident? Even if you think you might share some of the blame, you can still recover compensation in California. Our state uses a “pure comparative negligence” rule, which means your final settlement is simply reduced by your percentage of fault. For example, if you were found to be 10% at fault, your total compensation would be reduced by 10%. The other driver’s insurance company will try to place as much blame on you as possible, but sharing some fault does not prevent you from having a valid claim.