If you or a loved one has been hit by a car in California, one of your first questions is likely: What is the average payout for a pedestrian accident?
While every case is unique, understanding how payouts are calculated and what factors influence compensation can help you set realistic expectations and make informed decisions.
In this guide, we’ll explore the key factors that affect settlement amounts, the types of damages you may be entitled to, and why working with a skilled California pedestrian accident lawyer can make all the difference.
Is There an "Average" Payout for a Pedestrian Accident?
It’s natural to want a simple number when estimating how much your case might be worth. However, the truth is that there is no fixed “average” payout for pedestrian accidents in California because the value of a claim depends heavily on specific circumstances.
That said, pedestrian accident settlements in California can range anywhere from $15,000 to over $1 million, depending on the severity of the injuries and other case details. Minor injury cases typically settle for tens of thousands, while severe or permanent injury cases involving brain trauma, spinal cord injuries, or wrongful death can exceed six or seven figures.
Rather than relying on a generalized average, it’s more helpful to understand the factors that influence the value of your claim.
Key Factors That Influence Your Settlement
Several important elements go into calculating the potential payout for a pedestrian accident claim. These factors include:
Severity of Injuries
The most significant driver of settlement value is the nature and extent of your injuries. Pedestrian accidents often lead to:
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Traumatic brain injuries
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Spinal cord damage
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Multiple fractures
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Internal injuries
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Disfigurement or permanent disability
The more severe your injuries, the more compensation you may be entitled to receive for both economic and non-economic damages.
Medical Expenses
Medical bills form the foundation of many personal injury claims. Settlements typically include:
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Emergency room visits
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Surgeries
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Hospital stays
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Physical therapy
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Prescription medications
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Long-term rehabilitation
A higher total of medical expenses generally increases the overall payout.
Lost Wages and Loss of Earning Capacity
If your injuries prevented you from working, your settlement should include the income you lost during recovery. In cases where you’re unable to return to your previous job or work at all, you may also be entitled to compensation for loss of future earning capacity.
Pain and Suffering
Non-economic damages, often referred to as pain and suffering, are awarded to compensate for the emotional and physical distress caused by your injuries. These damages can sometimes exceed the amount of your medical bills, especially in cases involving lasting trauma or permanent impairment.
Liability and Fault
California follows a pure comparative negligence rule, meaning your compensation can be reduced if you are found partially at fault for the accident. For example, if you were 20% responsible (e.g., crossing outside a marked crosswalk), your total compensation would be reduced by 20%. If fault is disputed, it can complicate and reduce your payout unless effectively countered by evidence and legal advocacy.
Insurance Policy Limits
The amount of available insurance coverage plays a large role in your final compensation. If the at-fault driver only carries the minimum required liability insurance ($15,000 per person), it may not be enough to cover all your damages. However, your own uninsured/underinsured motorist coverage may help bridge the gap, depending on your policy.
Types of Damages You May Be Entitled To
A pedestrian accident claim may include compensation for a wide range of damages. These can be grouped into two broad categories:
Economic Damages:
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Medical expenses (past and future)
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Rehabilitation costs
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Lost wages
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Loss of future earnings
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Home modifications (e.g., ramps, wheelchairs)
Non-Economic Damages:
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Pain and suffering
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Emotional distress
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Loss of enjoyment of life
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Disfigurement or scarring
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Loss of consortium (in wrongful death cases)
In rare cases involving egregious negligence (such as a drunk driving hit-and-run), punitive damages may also be awarded to punish the offender.
Why Working With a Lawyer Can Increase Your Compensation
While it’s possible to handle a personal injury claim on your own, doing so after a pedestrian accident is extremely risky, especially when serious injuries or disputed liability are involved. A knowledgeable California pedestrian accident lawyer brings several advantages to the table:
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Accurate case valuation: A lawyer knows how to calculate your damages and ensure nothing is left out.
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Strong negotiation skills: Insurance companies often offer low settlements initially. Lawyers can push back and demand fair compensation.
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Access to expert witnesses: Your attorney can bring in medical professionals, accident reconstructionists, and economists to support your claim.
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Courtroom experience: If a settlement isn’t reached, your lawyer can take the case to trial and present compelling evidence before a jury.
According to industry studies, injured claimants represented by lawyers tend to recover three times more compensation on average than those who go it alone.
Key Benefits of Hiring a Pedestrian Accident Lawyer:
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No upfront fees (contingency-based representation)
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Legal protection from insurance tactics
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Peace of mind during your recovery
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Increased chances of maximizing your settlement
What to Do After a Pedestrian Accident
If you’ve been hit by a car, taking the right steps can protect your health and your legal claim. Here’s what you should do:
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Seek immediate medical care, even if you feel okay. Some injuries appear hours or days later.
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Report the accident to law enforcement and request a copy of the police report.
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Gather evidence by taking photos of the scene, your injuries, and any property damage.
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Get contact info from the driver, witnesses, and anyone else involved.
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Avoid speaking to insurance adjusters until you’ve talked to a lawyer.
The sooner you contact an attorney, the more they can do to strengthen your case.
What If the Driver Doesn’t Have Insurance?
Unfortunately, not all drivers in California carry adequate insurance—or any insurance at all. If the driver who hit you is uninsured or underinsured, you may still have options.
Your own auto insurance policy’s uninsured/underinsured motorist (UM/UIM) coverage can help pay for your injuries, even if you weren’t driving at the time of the crash. A lawyer can review your policy and pursue the appropriate claims.
How Long Do You Have to File a Claim?
California law gives you two years from the date of the accident to file a personal injury claim. If you’re filing a claim against a government entity (e.g., if you were hit by a city bus or in a city crosswalk with poor signage), you must file a government claim within six months.
Failing to meet these deadlines can result in losing your right to compensation. Don’t wait, start the legal process as soon as possible.
Speak With a California Pedestrian Accident Lawyer Today
There is no one-size-fits-all answer to what your pedestrian accident case is worth. The payout depends on your injuries, financial losses, quality of life, and how effectively your claim is presented. A trusted California pedestrian accident lawyer can help you understand the full value of your case and fight for the compensation you need to move forward.
The experienced legal team at Countrywide Trial Lawyers has helped injured pedestrians across California recover millions in compensation. They offer free consultations and charge nothing unless they win your case. Call (844) 844-9119 today to speak with a knowledgeable attorney who can guide you through the legal process with confidence and compassion.
This blog was originally published on Countrywide Trial Lawyers and is shared here with permission.
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