How Long Does It Take To Settle a Pedestrian Accident?

On average, 8,000 pedestrians are hit and killed by motor vehicles every year. This shocking statistic underscores the dangers for vulnerable road users when mixed with vehicles. 

If you were hit by a vehicle as a pedestrian, you may be considering whether or not to file a pedestrian accident claim. Many pedestrian accident victims also wonder how long it takes to settle a pedestrian accident and receive compensation.

Learn about pedestrian accident settlements, the time to settle a case, the statute of limitations, and more by reading our blog. If you need legal representation following an accident, contact our Los Angeles pedestrian accident lawyer. 

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Pedestrian Accident Statistics in California 

In California, pedestrians are becoming increasingly more vulnerable to serious and fatal accidents. According to the California Office of Traffic Safety, 1,108 pedestrian fatalities were recorded in 2021, a 9.3% increase from 2020. 

Los Angeles ranks among the deadliest cities in the U.S. for pedestrians. In 2023, 337 pedestrians died on L.A.’s streets, the deadliest year on record in at least a decade. Vermont Avenue, a 23-mile thoroughfare from San Pedro in the south to Downtown Los Angeles in the north, is among the streets with the highest pedestrian fatalities. 

Common causes of pedestrian accidents are speeding, distracted driving, improper left turns, failure to yield, and drunk driving. 

 

Factors Influencing a Pedestrian Accident Settlement 

If you were hit by a motor vehicle and are seeking compensation, you can go about it in three ways: file an insurance claim, a lawsuit against the insurance company, or a personal injury lawsuit. Insurance claims are the most common way people receive settlements. 

The time it takes to settle a pedestrian accident depends upon several factors, including: 

1. The severity of injuries. Minor injuries tend to settle faster than more severe injuries.
2. The recovery time. A longer recovery time means a longer settlement process.
3. Determining who is the liable party. Disputing liability or lacking evidence can prolong the claims or legal process.
4. Insurance company negotiations. Negotiations between the insurance company and the law firm can take months.
5. The financial loss experienced by the victim. Medical expenses, lost wages, and pain and suffering are some damages available to victims in a claim.

Settling a pedestrian accident claim can take a few months to a year or more. Insurance companies and the police station responsible for filing the accident report can delay the process for months. 

A key factor when determining the length of a pedestrian accident case is maximum medical improvement (MMI). It refers to the point at which an injured individual’s medical condition has stabilized, and no significant improvement is expected. This stage indicates that the patient has either fully recovered or has reached a plateau where their condition is unlikely to change substantially. 

Reaching MMI is crucial in determining the compensation an injured pedestrian can recover in their pedestrian accident claim. It is wise to work with an attorney until maximum medical improvement is reached. 

 

Statute of Limitations for a Pedestrian Accident Claim

Injured pedestrians in California must act quickly to preserve their right to financial compensation. The statute of limitations for all personal injury claims, including pedestrian accident claims, is two years from the date of the injury or the discovery of the injury, whichever comes first.  

Failure to act within this period typically results in the court dismissing the case, thereby forfeiting the right to seek legal compensation for the injuries sustained. It is important to reach out to a personal injury lawyer as soon as possible.

 

Frequently Asked Questions 

Do I need a lawyer for a pedestrian accident?

In a typical fender bender car accident, hiring a lawyer may not be worthwhile because low damage costs or lack of serious injuries do not necessitate legal representation. However, pedestrian accidents are much more severe than the average car accident. 

Pedestrians have no protection from the impact of a collision, which often leads to severe injuries like traumatic brain injuries, spinal cord injuries, and broken bones. Subsequently, these injuries cause an immense financial burden on victims. This is where an experienced pedestrian accident attorney steps in.

Attorneys can challenge big insurance companies to fight for fair compensation for their clients injured by the negligence or recklessness of another person, business, or entity. 

Furthermore, if the driver who hit you did not have insurance coverage, your attorney can find different avenues for compensation, such as a personal injury lawsuit. 

How much does a pedestrian lawyer cost?

Unfortunately, many injured pedestrian victims forgo legal representation because they believe they cannot afford it. However, most pedestrian accident lawyers in California work on a contingency fee, meaning clients are not responsible for any upfront legal fees. 

If the lawyer wins your case and you receive a fair settlement, he or she will take a percentage of your settlement, as agreed upon in your contract. 

How do I know if I’m at fault for a pedestrian accident? 

Fault in a California pedestrian accident is determined by who was negligent and caused the accident. Both drivers and pedestrians are expected to exercise reasonable care. When either party fails to uphold their legal duties, they may be found liable for any resulting injuries or damages. 

If you were crossing at a crosswalk with the Walk sign on and a car didn’t stop for you, that driver would be found at fault because they were violating the pedestrian right of way. You may be found partially at fault if you were jaywalking or walking on the street, not the sidewalk. 

California follows a pure comparative negligence rule, meaning pedestrians can recover compensation regardless of their degree of fault. For example, if a pedestrian is 20% at fault and the driver is 80% at fault, the pedestrian could recover 80% in damages. 

 

Contact an Experienced Los Angeles Pedestrian Accident Lawyer 

Pedestrian accidents can change the course of someone’s life in an instant. If a negligent driver hit you or a loved one in Los Angeles, you need immediate medical treatment and someone to fight on your behalf. 

The Law Offices of Daniel Kim will be your guiding light through this difficult period in your life. As a pedestrian accident victim, you deserve fair compensation for your medical bills, missed time from work, pain and suffering, and emotional trauma. Our experienced pedestrian accident lawyers know the ins and outs of pedestrian accident laws in California to get the fair settlement you deserve in a timely manner. 

Contact our Los Angeles law firm today for a free consultation. 

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