A pedestrian hit by a car in Florida can get anywhere from $10,000 to $75,000 if they suffer minor injuries. The average payout is much higher for severe injuries.
Depending on the situation, a pedestrian struck by a car can suffer injuries of varying severity. The faster a vehicle travels, the more likely a person is to sustain catastrophic injuries. In that scenario, the average payout could be anywhere from $100,000 to $1 million. The nature of one’s injuries varies based on the victim’s age, physical condition and other factors. Those details dictate how much a pedestrian receives in an injury settlement.
Types of Injuries Involved in a Pedestrian Accident
Pedestrian accidents often result in certain injuries. These include head injuries, spinal cord injuries, broken bones, internal injuries, soft tissue injuries, road rash, amputations, facial injuries and psychological trauma. Below is a list of some of the most common injuries:
- Head Injuries
- Spinal Cord Injuries
- Broken Bones
- Internal Injuries
- Soft Tissue Injuries
- Road Rash
- Amputations
- Facial Injuries
- Psychological Trauma
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Factors That Determine Payout Amounts in Florida
Different factors determine the payout a Florida pedestrian injured by a car can expect. They include the statute of limitations, severity of injuries, medical expenses incurred for treatment, future expenses, lost wages and earning capacity, degree of fault, punitive damages, comparative negligence laws and emotional distress experienced by the victim.
Statute of Limitations in Florida
According to Florida Statute 95.11, the statute of limitations for filing a pedestrian accident lawsuit is two years from the date of the incident.
Severity of Injuries Sustained by the Pedestrian
The severity of the pedestrian’s injuries can determine how much compensation they receive in their injury case. Those considered severe, permanent or disabling typically result in higher payouts.
Medical Expenses Incurred for Treatment
Medical expenses are usually significant if a pedestrian’s injuries require extensive medical treatment and ongoing care. This results in a larger payout compared with someone sustaining minor injuries that carry lesser medical expenses.
Future Expenses
The need for ongoing medical treatment after a pedestrian accident counts as future expenses. Being struck by a car often results in serious long-term or even permanent injuries. For example, some victims need multiple surgeries and extensive physical therapy.
Lost Wages and Earning Capacity
Because victims of pedestrian accidents often sustain severe injuries, they might miss an extended time from work, and in some cases, may no longer be able to work. This can recover them higher compensation from their injury claim.
Degree of Fault
Florida allows those injured in accidents to file compensation claims even when they share some degree of fault. This is possible thanks to comparative negligence laws.
Punitive Damages
Punitive damages may be awarded if a jury determines a defendant’s actions were egregious during a pedestrian accident. Because there are no caps on such damages, the payout can be higher.
Comparative Negligence Laws
Comparative negligence laws allow injured persons in Florida to recover compensation even if they are up to 50% responsible for an accident. According to Florida Statute 768.81, depending on a plaintiff’s percentage of fault, they could recover a lower settlement.
Emotional Distress Experienced by the Victim
Victims of pedestrian accidents can sue for emotional distress after suffering a physical injury. This damage award can increase compensation.
Insurance Coverage and Compensation
Some pedestrian accident cases require the victim to seek compensation from an insurance company. The amount recovered depends on the limits imposed by the policyholder’s insurance policy.
Limits on Compensation Provided by Insurance Policies
Florida is a no-fault state, so if a pedestrian suffers injuries after being hit by a car, they can recover compensation from their no-fault insurance policy. However, if their injuries are severe, they can file a claim against the driver.
Determining Fault in Pedestrian Accident Cases in Florida
Different factors determine fault in Florida pedestrian accident cases. They include state right-of-way laws, negligence, visibility and environmental factors, vehicle violations, pedestrian actions and evidence and witness accounts.
Right-of-Way Laws in Florida
According to Florida Statute 316.123, all drivers must obey the right-of-way laws. They must stop at stop and yield signs and allow the first vehicle approaching a four-way intersection to proceed. If two or more drivers approach simultaneously, the one on the left must yield to the one on the right. Drivers must also yield the right-of-way to pedestrians at red lights, stop signs and when they are already in a crosswalk.
Negligence
Driver negligence is one of the biggest factors in pedestrian accidents. It occurs when someone is intoxicated, distracted, speeding or reckless and hits a pedestrian.
Visibility and Environmental Factors
Many pedestrian accidents occur because of visibility issues. Often, this is due to blindspots, which are especially common with buses, commercial trucks, SUVs, vans and pickup trucks.
Environmental factors like rain and fog can also increase the risk of pedestrian accidents.
Vehicle Violations
Fault for a pedestrian accident can be more easily established when vehicle violations are involved. Examples include disregarding traffic laws, driving without a valid license or on an expired one or failing to signal.
Pedestrian Actions
Pedestrians are sometimes partially or completely at fault for accidents causing them injury. They must look both ways when crossing the street and refrain from any activity that can distract them. Pedestrians should use crosswalks and avoid crossing the street between parked cars.
Evidence and Witness Accounts
Evidence such as photos and accident reports can show what occurred during a pedestrian accident. Witness accounts can further strengthen the plaintiff’s case as witnesses are impartial.
Need for a Florida Personal Injury Lawyer to Navigate the Legal Process
If you’re injured in a pedestrian accident in Florida, hiring a personal injury lawyer is wise. They can handle all the complexities while you focus on your recovery. If an insurance company is involved in your case, your attorney can negotiate with an adjuster to get you the best settlement. If negotiations don’t work, they can help you prepare a lawsuit and represent you at trial.
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We specialize in personal injury claims.
Frequently Asked Questions
What Is the Average Accident Settlement in Florida?
The average Florida accident settlement ranges between $5,000 and $30,000.
What Happens if You Hit a Pedestrian in Florida?
If you hit a pedestrian in Florida and are found at fault, you’re liable to pay damages through your auto insurance policy.
How Much Are Most Car Accident Settlements?
Most car accident settlements are around $50,000.
How Much Can Someone Sue for a Car Accident in Florida?
There is no limit to how much you can sue someone for a car accident in Florida.
How Much Are Most Car Accident Settlements in Florida?
Most car accident settlements in Florida are around $10,000 to $15,000.
How Much Can You Get for Pain and Suffering in Florida?
Florida places no caps on pain and suffering unless the case involves medical malpractice.
Can a Pedestrian Be at Fault in Florida?
A pedestrian can be at fault in a Florida accident due to negligence.
What Are the Pedestrian Rights in Florida?
According to Florida Statute 316.130, pedestrians have the right to use designated crosswalks to cross the street when traffic is clear or there’s a red light or stop sign. They have the right to use the shoulder while facing traffic when roadways lack sidewalks.
What Are the Pedestrian Laws in Florida?
In Florida, pedestrians must obey traffic laws unless instructed by a police officer. They must be alert, use crosswalks, sidewalks or the shoulder to stay out of traffic, cross on their light and walk with traffic instead of against it.
How Much Does a Lawyer Get from a Car Accident Settlement in Florida?
Lawyers get around 33% from a Florida car accident settlement.
How Is Pain and Suffering Calculated in a Car Accident in Florida?
Pain and suffering stemming from a Florida car accident is calculated by factoring in the severity of the victim’s injuries, how they affect their daily life and the cost of treatment for past, current and future suffering.
What Is the Highest Personal Injury Settlement?
The highest personal injury settlement was $206 billion.
Average Compensation for Being Hit by a Car
The average compensation for being hit by a car ranges from $10,000 to $500,000.
Can a Pedestrian Sue if Hit by a Car?
A pedestrian can sue if hit by a car if they suffer injuries. Compensation comes from the victim’s insurance, the driver’s insurance or the driver’s liability coverage.
Need free legal help in Florida?
We specialize in personal injury claims.
