Calculating Potential Award After A Pedestrian Car Accident

A pedestrian car accident can cause very serious damages. A pedestrian who is hit by a car is likely to be seriously injured, or perhaps even killed. Therefore, it is essential for anyone who is involved in a pedestrian car accident to fully understand their right to recover damages.

The Laws for Car Accident Injuries

One of the most important factors in calculating potential damages for a pedestrian car accident- or any other car accident for that matter- is the law in your state. There are two main systems of recovery for car accident cases:

Fault states or pure tort systems, where the party responsible for an accident pays. The responsible party's insurance company may offer an out of court settlement, or the individual who was the victim of the accident can sue to recover his damages. This is the case in these states regardless of how serious or minor the injuries are
No fault states provide an alternative to the tort system. Unless the injuries are serious, everyone involved in an accident- from a pedestrian to a driver- has to recover his damages from his own personal injury protection insurance, regardless of who is at fault. If the injuries are "serious" as defined by the law, then the injured party can sue the responsible driver.

In no fault states, if you were the victim of a car accident but your injuries weren't serious, this means your damage award is limited to recovering your actual medical bills and lost wages from your personal injury protection, up to your policy limits.

Lawsuits and Car Accident Damages

If your injuries were serious or you live in a pure fault state, then your damage award from a pedestrian car accident has the potential to be larger. In calculating the appropriate award, you need to be aware of the fact that you are entitled under the law to recover damages for:

Medical bills
Pain and suffering
Lost wages
Emotional distress

If you are offered a settlement, you should ensure that the dollar amount offered takes all of those things into account. If you decline your settlement and the case goes to the jury, the jury will evaluate the nature and seriousness of your injuries to determine how large of a damage award you deserve to cover all of those categories.

Getting Help

If you have been the victim of a pedestrian car accident, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can provide you with more specific information on what your potential recovery will be given the nature of your injury and the laws in your state. He can also help you make a car accident injury claim so you get the recovery you deserve.

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