Pedestrian accidents kill more than 7,000 people each year. Even more people are injured.

If you’re lucky, your injuries are light and you can make a full recovery. If not? Your bill could be five or even six figures.

Given these facts, it’s no wonder many injured pedestrians take their case to court. Some win judgments. Most settle.

How long does it take? That depends on: 

• When and where the accident happened
• Your insurance coverage
• The driver’s insurance coverage
• Insurer willingness to pay out the claim
• Who’s to blame for the accident  

Understanding Pedestrian Accident Claims  

You can file a pedestrian accident claim if a vehicle hit you while you were walking or running on, across, or by a road. 

You can file your claim anytime before the statute of limitations runs out. You have one to three years, depending on where you live. 

You can claim compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Punitive damages

Typical Timeline for Pedestrian Accident Settlements

1. You’re hit  
2. A police officer comes, sees the evidence, and writes a report
3. You see a doctor. The doctor treats your injuries and looks for signs of hidden injuries
4. You call a lawyer. The lawyer helps you collect evidence and file a claim with the insurance company
5. If the insurance company refuses to pay any or enough compensation, you file your case
6. The case goes to court
7. The judge issues a judgment, or the insurer agrees to settlement talks before that happens
8. Negotiations begin
9. Both sides agree to a settlement
10. The judge approves, and you get compensation

Factors That Affect the Length of a Pedestrian Accident Case  

• You were the victim of a hit-and-run accident. It may take months for police to find the guilty driver
• There’s a disagreement over fault
• You suffered many injuries. It takes months to recover enough to even think about your case, let alone file it
• The insurance company (yours if you were in a hit-and-run, the driver’s if he/she was identified) is dragging things out
• You were walking with other people, and you weren’t the only one injured
• You didn’t file a claim right away and so you need extra time to collect evidence to support your claim

Severity of Injuries/Needed Medical Treatment

Give yourself time to recover from serious injuries before you start your claim.

It may also take doctors time to asses the full impact of your injuries. Filing a claim too early could leave you with less compensation than you need and deserve. 

Liability and Fault Disputes

The driver is almost always at least partly at fault in an accident. You can be held partly at fault for the accident if you weren’t following road signs. You may also share some of the blame if you were:

• Listening to music
• Texting
• Distracted
• Intoxicated

The insurance company may try to convince you that you were totally at fault. However, this is almost never the case. 

You need a good lawyer if the insurance company starts debating fault over the accident. A lawyer can help you collect evidence that makes it hard for the insurer to duck payment. 

Insurance Company Negotiations

The adjuster will:

• Read the police report and talk to witnesses
• Ask you for information (Tell them to call your lawyer. Anything you say can be used against you)
• Look for pre-existing conditions in your medical records and then claim that these conditions (not your injuries) caused your current health problems
• Look through your social media accounts for discrepancies that disprove your claim

The Pedestrian Accident Claims Process Step-by-Step

Getting medical care is the first step. It’s also a “multi-step” process. The doctor will treat visible injuries. He or she will also look for hidden injuries.

If your injuries are severe, your doctor will refer you to specialists. Each medical professional will do his or her own assessment. After treatment, your specialists will each draw up their own report. 

Your lawyer will want to know all the details about the accident. He or she will ask for any evidence you have. Your lawyer will also collect more evidence for you. 

If your insurer denies your claim or offers a low settlement, your lawyer will take the case to court. At any point in the case, both sites can agree to try settlement negotiations. 

Lawyer Investigation and Evidence Collection 

Your attorney, like the insurance company, will leave no stone unturned. He or she will:

• Look over the police report
• Talk to eyewitnesses and the police who responded to the accident
• Look at photo and video evidence
• Find information on the driver. Any past claims or citations against the driver can prove that he or she is careless and thus likely to be responsible for the accident
• Talk to experts about your case. This is important if the insurer is disputing the cause and/or severity of your injuries. An expert medical witness can refute these claims so the insurance company doesn’t have an excuse to deny or minimize payment

The stronger the evidence is to support your claim, the easier settlement negotiations will be. You’re also more likely to receive full compensation than you would be otherwise.

Demand Letters and Settlement Negotiations

It’s not uncommon for insurance companies to refuse to pay fair pedestrian accident compensation claims. If the insurer in your case takes this route, your lawyer will send a demand letter. This letter not only informs the insurer of the details of your accident but also shows you have expert legal help on your side.

In some cases, the insurer may start informal negotiations with your lawyer. If both sides come to an agreement, you don’t have to file your case. 

If the insurer still refuses to pay a fair sum, your lawyer will file your case. At any point during the case, the insurer can decide to agree to settlement negotiations. However, if the insurance company is still unwilling to pay, the case will go through the court. 

Compensation in Pedestrian Accident Settlements 

In a settlement or judgment, you can get compensation for:

• Medical expenses
• Lost income
• Pain and suffering
• Loss of enjoyment
• Long-term care
• Disability
• Punitive damages 

Legal Assistance and Why It Matters

A pedestrian accident attorney can:

• Collect evidence
• Streamline the settlement process
• Help you avoid common mistakes that could derail your claim
• A good lawyer will also have good negotiation skills. He or she won’t be intimated by your insurer’s legal team. This increases your chances of winning maximum compensation.

Conclusion

It’s impossible to say how long it will take to settle your pedestrian accident claim. It could be weeks if the case it simple. It could take many months if the case is complicated and/or the insurance company is unreasonable.

Expert legal help is a must to get fair compensation. Your lawyer will help you navigate problems with the insurance company. He or she will collect evidence for you and represent you in court. 

Our liability lawyers at Ledger Law have years of experience helping pedestrians win maximum compensation for their pedestrian accident claims. If you or someone you know was hit by a vehicle, give us a call.  

FAQs About How Long Does It Take to Settle a Pedestrian Accident

How long does it usually take to settle a pedestrian accident claim?

Between a few weeks to many months.

What factors can delay a pedestrian accident settlement?

Many factors can cause delays:

• Serious injuries
• Disputes over fault
• Unreasonable insurance agency

How much compensation can I expect from a pedestrian accident case?

The average payout is between $54,000 and $67,512. However, you could get a lot loss or much more. It depends on how badly you were hurt and who was at fault.  

Can hiring a pedestrian accident lawyer speed up my settlement?

Yes.  

Can I still get compensation if I was partly at fault for the pedestrian accident?

A few states won’t give you anything if you were partly at fault. However, most will assign levels of fault and give you compensation based on how much you’re to blame for the accident.