How To Assess Damages In A Pedestrian Car Accident

A pedestrian car accident can lead to serious damages, since the pedestrian is not protected by a vehicle. If you were involved in a pedestrian car accident, it is important to understand both how you can recover for your damages and what those potential damages may be.

Recovering Damages from a Pedestrian Car Accident

The manner in which you can recover damages for a pedestrian car accident varies depending on the laws of your state regarding car accidents.

In the 12 no fault states, each person in a car accident must recover his damages for non-serious injuries from his own insurance company, under personal injury protection, regardless of who was at fault for the accident. In such cases, damages are generally limited to medical bills and lost wages- there is no damage recovery for pain and suffering and an injured individual cannot sue for these minor injuries.
In no fault states, you are permitted to sue for damages if your injuries are considered "serious." Some states define "seriousness" with a verbal threshold. In other words, they provide a written definition of serious injuries, which typically include injuries that cause you to become disabled or permanently disfigured. Other states use a monetary threshold- if the cost of your injuries exceeds a certain dollar amount, you can sue
In the other states, you can either collect your damages directly from the responsible party's insurance company through a settlement or you can sue and collect a damage award determined by the jury.

Types of Damages

If you file a lawsuit for your pedestrian car accident, your damages may include:

Medical bills
Lost wages
Pain and suffering
Emotional distress
Punitive damages in rare cases where the other driver was grossly negligent

Determining the precise amount of damages you will receive in each of these categories is difficult and can be subjective. While medical bills and lost wages can be precisely calculated, it can be hard to calculate how much an injury is worth in terms of pain and suffering. The jury will look at how serious your injuries are and estimate pain and suffering based on the nature and extent of the injuries. The same is true for emotional distress. Punitive damages, on the other hand, are not permitted in all states. Where they are permitted, the driver's negligence must have risen above the level of mere negligence- in such cases, the punitive damages are designed to punish the defendant.

Getting Help

If you have been involved in a pedestrian car accident, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can provide you with detailed information on how to prove your case and can help you determine what your damage award may be in light of the nature of your injuries.

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