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Average Compensation for a Pedestrian Getting Hit by a Car in New York

Updated

10/11/2024

Table Of Contents

When drivers hit pedestrians, they may leave their victims with extensive losses. Determining the average compensation for a pedestrian hit by a car in New York is challenging, as every case is unique and many factors can affect the settlement.

Data from the Insurance Information Institute indicates that the average bodily injury claim for auto accidents in 2022 was $24,211. While this data is not specific to pedestrian accidents, it highlights how quickly the expenses add up after an auto crash. However, some cases see significantly higher settlements or verdicts. We’ve resolved pedestrian injury and wrongful death cases for hundreds of thousands or even millions of dollars.

The New York City pedestrian accident lawyers at Oresky & Associates, PLLC are here to seek damages that address all your losses.

How Common Are Pedestrian Accidents in New York City?

Pedestrians are a familiar sight in New York City, but heavy foot traffic and congested roads mean they are at risk for collisions involving cars. Improved pedestrian infrastructure and initiatives in recent years have helped decrease pedestrian accidents and fatalities, but even with these measures, New York City’s Vision Zero project shows that 121 pedestrians died in auto accidents in 2022. Thousands more are injured every year.

Factors Influencing Your Settlement Amount in a Pedestrian Accident Case

Many factors go into determining the financial value of your settlement or verdict, and it can be hard to know where to begin. Our team has over 30 years of experience handling injury cases, and we know what factors can affect your settlement amount.

We will account for these and other elements when seeking a pedestrian accident settlement:

The Severity of Your Pedestrian Accident Injuries

Severe and catastrophic injuries create lifelong issues for car accident victims, and injured pedestrians may need medical treatment for years to come. Even accidents at low speeds can be devastating to pedestrians. Pedestrians may suffer injuries like:

  • Spinal cord injuries: Injuries to the spinal cord can result in partial or full paralysis, often for life. These injuries can require multiple surgeries and treatments and can have a profound impact on your physical and mental health. These injuries can also create financial hardships, as you may no longer be able to work or pay for the mounting medical expenses.
  • Fractures: A car accident can leave a pedestrian with fractures in the extremities, the spine, the skull, or the pelvis, leaving them with extreme pain and discomfort. Broken bones can sometimes take months or even years to heal, making it difficult for injured parties to live their lives to the fullest. Broken bones can also introduce additional medical problems, like infections, internal injuries, and muscle and nerve damage that can lengthen recovery time.
  • Head trauma: Head injuries can leave pedestrians with serious harm and long-term issues. For example, brain bleeds can cause permanent harm like paralysis and can even result in death.
  • Internal injuries: Injuries to internal organs can cause bleeding and organ damage. Patients may need organ transplants and other procedures to address these injuries.
  • Limb loss: Pedestrians can suffer limb loss after car accidents and need surgeries to reattach the limb or prevent further physical harm after amputation.

These and other severe injuries have intense physical, emotional, mental, and financial repercussions for victims. Every case is different, even when two different people have similar injuries, and you should not rely on averages and previous results to predict your own compensation. Our team will make sure to evaluate the extent of your losses and their impact on your life when seeking compensation.

Liability for the Pedestrian Accident

A negligent driver may try to blame you for the accident to reduce how much compensation you can seek. These claims of partial fault may be unfounded, but even if you are partially responsible, do not give up on your claim before you even begin. Our New York City pedestrian accident attorneys can help navigate these nuanced situations, ensuring we hold the defendant accountable for their negligence and seek just compensation on your behalf.

Quality of Life After the Accident

The severity of your injuries and loss can significantly harm your quality of life and your emotional and mental well-being. When we pursue compensation for a pedestrian hit by a car, we will seek damages for non-economic losses such as:

  • Pain and suffering from your injuries: This addresses the discomfort and pain caused by your injuries and includes future pain and suffering.
  • Mental or emotional anguish: If you have anxiety, depression, or other emotional trauma after the accident, we will make sure it is counted towards your settlement.
  • Loss of enjoyment of life: Your injuries may make it difficult to live your life as you once did.

The Effects of the Pedestrian Collision on Income and Earning Potential

The injuries from a car accident, especially when you are a pedestrian, can hurt your ability to work and earn money. Our team will account for every form of lost income, including loss of wages and lost union benefits.

If your injuries from the pedestrian accident hurt your ability to return to work or work in the same capacity as you previously did, we will ensure that your settlement accounts for lost earning potential.

Evidence and Accounts of Your Pedestrian Accident

Proof is essential to any injury case. The stronger our supporting evidence is, the stronger our argument for just compensation will be. We draw on eyewitness testimonies, medical records, police reports, expert reports, and other forms of evidence to support our claims of driver negligence and your losses.

These and many other complex factors can influence the average compensation for a pedestrian who was hit by a car, so do not leave anything to chance. Let our law firm represent you.

Eligibility for Payout as a Pedestrian Hit by a Vehicle

Pedestrians have a lot of rights and duties in New York, and they typically have the right-of-way in crosswalks and on sidewalks. But many pedestrian-involved car accidents occur in these locations. You can typically pursue damages if a driver’s negligence was responsible for your accident.

Injured in a Pedestrian Accident? We Can Help.

Oresky & Associates, PLLC, knows how difficult this can be for accident victims. We encourage you to call our team for a free consultation about your pedestrian claim or lawsuit.

Free Consultation

Get the Compensation You Deserve for a Pedestrian Accident

At Oresky & Associates, PLLC, we are honored to have spent the last three decades serving accident victims in New York City and on Long Island. We have recovered over $500 million for our clients, including:

  • $5 million for the surviving family of a pedestrian who was killed by a school bus.
  • $4.5 million for the wrongful death of an 81-year-old pedestrian.
  • $3.45 million for a pedestrian who suffered multiple injuries after an accident with a commercial vehicle.
  • $1.1 million for a pedestrian struck by a truck.

The pedestrian accident lawyers at Oresky & Associates, PLLC offer free consultations. During our consultation, you can ask our team any questions you might have about your case and potential damages.

The Crucial Role of Legal Representation in a Pedestrian Accident Case

After you are hit by a car, the weeks and months following the accident can be a blur. It’s difficult to focus on legal action while in and out of the hospital or doctors’ offices. You should rest and heal, not field insurance calls or try to prove the other party’s negligence. A pedestrian collision attorney with our firm will take care of these and many other legal tasks, including:

  • Accident investigation: Don’t worry about trying to track down witnesses or other forms of evidence. We will go over the details to help build your case.
  • Proving liability: No matter how simple liability in a pedestrian accident may seem as the victim, proving it is another matter. Our lawyers will take on this responsibility and use our experience in New York injury law to establish fault for this incident.
  • Damage assessment: You already know just how devastating your accident was. Now it’s up to our team to prove the losses from your injuries. You deserve a settlement or verdict that pays for your expenses and losses and acknowledges your emotional hardships, and we’re determined to get that for you.
  • Communication with insurers: Dealing with insurers who want to offer lowball settlements is not something any accident victim should have to deal with, let alone someone who has gone through such a traumatic incident. Insurance companies may try to use your words against you to pay you an inadequate settlement, but our lawyers will handle any communications to protect your right to damages.
  • Deadline management: Personal injury lawsuits are subject to a deadline, and it can go by very quickly. We’ll make sure your lawsuit is filed on time.
  • Negotiation and litigation: If the driver’s insurance company is willing to negotiate a settlement, we’ll represent your best interests in this discussion. If the other party won’t negotiate or make a fair offer, we’re prepared to fight for compensation at trial.

Our team believes in offering compassion, honesty, and respect to our clients during these challenging times – your case becomes our mission.

Your Path to Justice Starts Here: Contact a Personal Injury Lawyer

No pedestrian should have to deal with the consequences of a driver’s careless actions alone. Please call Oresky & Associates, PLLC today to get started with a free, no-obligation consultation. We are available 24/7 to take your call and discuss your case.

Let us help you obtain what you need to get your life back. Se habla español.