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Average Payout for Pedestrian Hit by Car in California 2025

Updated:2/5/2025
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Los Angeles streets can be dangerous for pedestrians. Hundreds are injured each year, navigating complex legal processes while recovering from their injuries. The 2025 data indicates there were 126 pedestrian fatalities in the first nine months of the year, causing the city to be on pace to exceed 300 annual traffic fatalities. This figure is consistent with the number of pedestrian fatalities recorded during the same period in 2024.

Cohen & Marzban has deep roots in the Los Angeles community. We understand the local laws and have decades of experience handling pedestrian accident claims. Our experienced pedestrian accident attorneys are dedicated to getting you the justice you deserve. There is no fee unless we win. Get a free consultation or call us at (818) 986-3332.

What Is the Average Settlement for a Pedestrian Hit by a Car in California?

If you've been hit by a car as a pedestrian in California, you're likely wondering about potential settlement amounts. While every case is unique, settlements for minor injuries typically range from $10,000 to $75,000. However, settlements for severe injuries can reach millions of dollars.

It's important to understand that the severity of your injuries significantly impacts your potential settlement.

Injury Severity Average Settlement Range Examples
Minor $10,000-$75,000 Sprains (ankle, wrist, knee), bruises, minor cuts and lacerations, minor fractures (e.g., finger, toe), whiplash (less severe), and soft tissue injuries.
Moderate $50,000-$150,000 More extensive fractures (e.g., arm, leg, rib), moderate concussion, whiplash (more severe with ongoing symptoms), herniated disc (requiring some treatment but not extensive surgery), significant soft tissue damage requiring extensive physical therapy.
Severe $150,000-$1,000,000+ Traumatic brain injury (TBI), spinal cord injuries (paralysis or limited mobility), amputation(s), severe burns requiring skin grafts, multiple fractures requiring extensive surgery and rehabilitation, permanent disability or disfigurement, significant internal organ damage.

Is There a Guaranteed Minimum Settlement for Pedestrian Accidents?

Unfortunately, there's no guaranteed minimum settlement for pedestrian accidents in California. The amount you can recover depends on many factors specific to your case. While some states might have minimum insurance requirements that seem like a guaranteed payout, those often don't reflect the full extent of your damages, especially for serious injuries.

Why a "guaranteed minimum" is misleading?

  • Comparative negligence: California follows a "pure comparative negligence" rule. Your compensation can be reduced if you share any fault for the accident, even if it's only a small percentage.
  • Insurance policy limits: While drivers must carry minimum insurance coverage, serious injuries often result in damages exceeding these limits.
  • Non-economic damages: Pain and suffering, emotional distress, and diminished quality of life are difficult to quantify but are essential components of a fair settlement. These damages vary significantly from case to case.

Factors Influenced a Pedestrian Accident Settlement

Several key factors can significantly influence the potential value of your pedestrian accident settlement. Understanding these factors can help you better prepare for the claims process and work effectively with your attorney.

  • Insurance coverage: If your damages exceed the driver's policy limits, you may be able to pursue compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. This coverage can help bridge the gap when the at-fault driver lacks sufficient insurance to cover your losses.
  • Liability and fault: Even if you are partially at fault for the accident, you can still recover compensation, although your award will be reduced by your percentage of fault. Factors like jaywalking or crossing against a traffic signal can be considered in determining fault.
  • Severity of injuries: Minor injuries, like sprains and bruises, typically result in lower settlements than severe injuries, such as broken bones, spinal cord injuries, or traumatic brain injuries. The long-term impact of your injuries, including any permanent disabilities or ongoing medical needs, will also be considered.
  • Lost wages and earning capacity: If your injuries prevent you from working, you can recover compensation for lost wages. This includes both past lost wages from the time of the accident until you return to work and future lost wages if your injuries result in long-term or permanent disability.
  • Pain, suffering, and emotional distress: These damages compensate for the physical pain, emotional trauma, and diminished quality of life caused by the accident. While more challenging to quantify, these damages are an essential part of a fair settlement.
  • Location of the accident: Jury verdicts and the cost of living can vary significantly across different regions of California. Settlements in urban areas with a higher cost of living might be higher than settlements in rural areas.

Because of these variables, it's crucial to consult with a skilled pedestrian accident attorney who can accurately assess your specific situation and fight for the full compensation you deserve.

Pedestrian Accident Lawsuit: What You Need to Know

If you've been injured in a pedestrian accident, understanding the legal process is crucial for protecting your rights and pursuing fair compensation. This section outlines key steps and considerations for navigating a pedestrian accident lawsuit in California.

In California, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. If you fail to file your lawsuit within this two-year window, you may lose your right to seek compensation altogether.

Benefits of Hiring a Pedestrian Accident Lawyer

Navigating the legal complexities of a pedestrian accident claim can be challenging. Hiring our experienced pedestrian accident lawyers can significantly increase your chances of a fair settlement.

  • Investigation and evidence gathering: Our attorneys have the resources and knowledge to conduct thorough investigations, gather evidence (police reports, witness statements, accident reconstruction), and establish liability.
  • Negotiating with insurance companies: Insurance companies often try to minimize payouts. They try to pay you as little as possible. Our attorneys will handle all communication and negotiations with the insurance company, aggressively protecting your rights and fighting for a fair settlement.
  • Calculating damages: Accurately calculating your damages, including medical expenses, lost wages, pain and suffering, and future costs, is essential. An attorney will ensure all your losses are properly documented and accounted for.
  • Trial preparation and representation: If a fair settlement cannot be reached, your attorney will prepare your case for trial and represent you in court.
Benefits of Hiring a Pedestrian Accident Lawyer

Navigating the Pedestrian Accident Settlement Process

While every case is unique, the pedestrian accident settlement process generally follows these key steps:

  1. Initial consultation and investigation: Before a formal claim is filed, you'll consult with an attorney. They will evaluate your case, gather initial information, and begin investigating the accident to determine liability and the extent of your damages.
  2. Demand letter and insurance claim: Your attorney will prepare and send a demand letter to the at-fault driver's insurance company. This letter outlines the details of the accident, your injuries, and the compensation you are seeking.
  3. Insurance company investigation and response: The insurance company will conduct its investigation, which may involve contacting you, witnesses, and reviewing medical records. They will then respond to the demand letter, either with a settlement offer or a denial of the claim.
  4. Negotiation and settlement: If the insurance company makes an offer, your attorney will negotiate with them to reach a fair settlement. This process can involve back-and-forth communication, providing additional documentation, and potentially engaging in mediation.
  5. Settlement agreement: If a mutually agreeable settlement is reached, both parties will sign a legally binding settlement agreement. This agreement releases the at-fault party from further liability in exchange for the agreed-upon compensation.
  6. Filing a lawsuit and discovery: If a fair settlement cannot be reached through negotiation, your attorney will file a lawsuit. The discovery phase of the lawsuit involves gathering further evidence, taking depositions, and exchanging information with the other side.
  7. Mediation or arbitration: Before trial, the court may require mediation or arbitration, where a neutral third party helps facilitate a settlement.
  8. Trial: If all other attempts at resolution fail, the case will proceed to trial. Your attorney will present your case to a judge or jury, who will determine liability and the amount of damages you are entitled to recover.

While most pedestrian accident cases are resolved through settlement before reaching trial, it's crucial to have an attorney who is prepared to litigate your case effectively if necessary. They will guide you through each step of the process, protecting your rights and working to maximize your recovery.

Safety Tips for Pedestrians and Drivers in California

Pedestrian accidents are often preventable. Pedestrians and drivers are responsible for prioritizing safety and following traffic laws.

Here are some essential safety tips for both:

Safety Tips for Pedestrians and Drivers Infographics

We’ll Put You on the Right Path with a Free Pedestrian Accident Consultation

Injured in a pedestrian accident? We can help. Schedule a free, no-obligation consultation with our experienced personal injury attorneys to discuss your case and learn about your rights.

Don't Let the Insurance Company Win. Contact Our Pedestrian Accident Lawyers Today.

Navigating a pedestrian accident claim in California can be complex. Don't face it alone. The experienced personal injury attorneys at Cohen & Marzban are here to help every step of the way, from investigating your accident to securing the maximum compensation you deserve. Contact us today for a free consultation. Your recovery starts now.

Average Payout for Pedestrian Hit by Car in California 2025
Bob M. Cohen
Attorney & Founder

Bob M. Cohen is the Chairperson of the Board of Directors of the Better Business Bureau of Southern California and Silicon Valley and a practicing attorney at Cohen & Marzban Law Corporation.

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