If you’ve been hit by a car as a pedestrian, you’re probably juggling medical treatments, insurance claims, and a pile of unanswered questions.
"How much will I get in a settlement? Will it be enough to cover all my costs?"
While it’s natural to look for averages, the truth is that your case is unique.
Settlements depend on several factors, including how badly you're injured, how much insurance coverage is available, and how your life has been impacted.
We'll break down the average settlement amount for pedestrian accident cases to give you a starting point, but keep in mind—talking with an attorney is the best way to get answers tailored to your situation.
A free consultation call with us at No Bull Law can help you, so you don’t have to navigate this alone. Otherwise, let’s get started.
What Is the Average Payout for a Pedestrian Hit by a Car in Texas?
Determining the exact average settlement figure for a pedestrian accident case is like predicting the weather—it can fluctuate based on the source of information. Reports indicate that the average settlement amount can range from $50,000 to $300,000.
But why is this range so wide?
Settlements for pedestrian car accidents can vary significantly due to many factors. In particular, cases with an extremely high payout—often outliers—can skew the average, making it seem higher than it actually is.
What’s more useful is the median payout, which falls somewhere around $30,000 - $50,000. This offers a more realistic idea of what most people can expect.
That said, your payout could end up much higher than this median, depending on the unique factors driving your case, the quality of your legal representation, and insurance coverage of the at-fault driver.
Let’s take a deep dive into the different factors that could increase or decrease your final payout:
1. Severity of Injuries
This is quite straightforward: the more serious the injury, the higher the settlement offer.
Minor injuries (soft tissue damage, bruises, cuts, etc) heal quickly and don’t require a lot of treatment. For these, the average payout can range from $10,000 to $25,000.
Significant injuries that persist for months, such as fractures and first-degree burns, require a recovery period and extensive treatment. The settlements for pedestrian accidents that lead to these types of injuries may range from $30,000 to $175,000.
When an accident results in severe bodily injury such as traumatic brain injury, paralysis, or spinal cord injury, you may require lifelong medical treatment. Recurring medical expenses can add up a lot over time. You may also lose out on wages if you take time off work due to physical or emotional distress. As a result, these settlements can range from $100,000 to $1 million or more.
2. Liability
In Texas, pedestrians have the right of way on crosswalks and intersections. This means vehicles must stop and let them pass. If a car hits you when the ‘walk’ sign is on, you are entitled to the full settlement amount.
If you’re struck while jaywalking where there is no crosswalk, you would share the fault with the driver, which would reduce the personal injury settlement.
By how much?
Texas follows a modified comparative negligence rule. This means if you are found to be less than 51% at fault, you can get compensation. However, that amount will be reduced by your percentage of fault.
For example, if you’re 40% at fault and your settlement amount is $100,000, you are only eligible for $60,000.
Insurance companies usually decide the percentage of fault. They would actively look for reasons to increase the percentage of your fault to pay less.
3. Insurance Coverage
The settlement amount is tied to the at-fault driver’s insurance coverage. The higher the liability coverage, the higher the potential settlement amount for the injured pedestrian.
The minimum liability coverage is $30,000 per person, $60,000 per incident, and $25,000 for property damage.
If you’re struck by a driver with minimum coverage and your medical bills exceed this amount, you might be able to file a lawsuit to pursue the driver’s personal assets (provided they’ve declared any) in order to make up for the settlement gap.
But what if you were struck by an uninsured driver?
In most cases, you can only rely on your own uninsured motorist (UM/UIM) coverage and personal injury plan (PIP). The coverage for UM/UIM can vary, but it is typically $30,000 for bodily injury per person and $60,000 for bodily injury per accident. Whereas, the minimum PIP coverage is $2,500.
4. Quality and Quantity of Evidence
If you could collect surveillance footage of the accident scene, police reports, witness statements, and medical reports, you are more likely to prove that the driver was negligent. This increases your chances of being awarded a fair settlement amount.
If you fail to collect such evidence, insurance adjusters could question whether the accident was as serious as you claim and offer a lower settlement.
5. Your Financial Situation
Insurance companies fight hard to reduce payouts because it affects their bottom line. They are no strangers to long, drawn-out negotiations.
You might feel that your financial situation may not offer that much leeway, though.
If you’re injured and need funds fast, you might be inclined to resolve the case early and take the first settlement offer. However, this is often a fraction of what you could get after several rounds of negotiations.
If you have no financial issues and are prepared to wait through multiple rounds of negotiations, you are more likely to get a higher settlement.
Having a personal injury lawyer at your side can also speed up negotiations, as they know how to approach the insurance company.
6. Legal Representation
Having experienced lawyers represent you for your pedestrian accident settlement can significantly increase the amount.
In fact, studies show they can help you get 3-3.5 times the amount compared to doing it yourself.
They know exactly how to build a strong case for you based on all the elements we’ve just discussed:
- Severity of Injury: Accident lawyers work closely with doctors to assess the full extent of injuries. Then, they calculate a figure that ensures all potential future medical and related costs are accounted for.
- Evidence and Documentation: A car accident lawyer can take over the time-consuming task of gathering documents like police and medical reports. They can also bring in accident reconstruction specialists to prove that the driver was at fault.
- Liability: They expertly piece together the evidence to build a stronger personal injury case and counter opposing arguments about who’s at fault. This lets them prove you were less liable for the accident, ensuring a greater payout.
- Insurance Coverage: They can help you determine the best legal approach if your medical bills and damages exceed the at-fault driver’s insurance coverage.
- Mitigate Negotiation Stresses: If you have a lawyer, they’ll handle the stressful task of negotiating with the insurance company while you rest and recover.
Car accident lawyers at No Bull Law have thousands of hours of experience dealing with pedestrian accident cases like yours.
Get a free consultation call to discuss your case and learn about the possible outcomes.
When a lawyer assesses your pedestrian accident case, they will see what kinds of compensation (known as damages) you’re entitled to.
Your settlement amount can include three types of damages:
1. Economic Damages
Economic damages are the tangible and measurable financial losses you face because of the accident.
A. Medical Expenses
This includes the cost of treating bodily injury through emergency room visits, hospital stays, surgeries, medications, disability devices, doctor visits, and any future medical procedures.
B. Property Damage
In case your personal belongings, like your phone, watches, glasses, bag, clothes, etc., were damaged due to the accident, you may be able to seek compensation for these items.
C. Lost Wages
If you could not work because of your injuries, you can claim compensation for lost income. This includes the immediate loss of earnings and any future income you may miss out on, such as salary, bonuses, and other benefits you would have earned if you weren’t injured.
2. Non-Economic Damages
Non-economic damages compensate for the intangible losses you experience as a result of the accident. Unlike economic damages, these are not tied to bills or receipts but rather the impact of the accident on your quality of life.
A. Emotional Distress
If you have experienced symptoms of depression, anxiety, and PTSD after the accident, you should get diagnosed by a mental health professional. If they confirm your diagnosis, it can be included in your personal injury claim.
Lawyers can calculate these damages by multiplying your economic damages with a number from 1 to 5 (depending on the severity of your anguish).
B. Loss of Consortium
The aftermath of an accident not only affects you but also takes a toll on your loved ones. If the accident has strained your relationship with your spouse, you may be eligible to claim LoC. This accounts for the loss of companionship and emotional support resulting from your injuries.
An attorney well-versed in personal injury law can assess your case and calculate these damages.
3. Punitive Damages
While economic and non-economic damages are used to compensate pedestrian accident victims, punitive damages are meant to penalize drivers for their harmful actions and dissuade similar conduct in the future. You may be entitled to these damages if your lawyer can prove that the driver was driving recklessly (driving under the influence, speeding, etc.) or intentionally causing pedestrian injury.
Punitive damages aren’t dependent on the severity of injuries but on how careless the driver’s actions were and how much they can pay.
In Texas, punitive damages are limited to whichever is greater of the two:
- 2x economic damages + non-economic damages (max $750,000)
- $200,000
However, exceptions to these caps may apply in cases where the at-fault driver acts with malicious intent and causes intentional harm.
Determining how much you’re entitled to can be difficult, as some of the calculations (especially non-economic damages) are subjective. A pedestrian accident lawyer can help secure fair compensation by drawing on similar past cases and ensuring your settlement amount is in the same ballpark.
Do You Need a Lawyer for Your Pedestrian Accident Claim?
Yes, it’s a good idea to hire a pedestrian accident lawyer because it can significantly increase your chances of winning the settlement. As we’ve mentioned before, they also boost your payout by 3 - 3.5 times on average.
But that’s not the only advantage of getting legal representation. Here’s what you can expect when you hire an accident lawyer:
- They communicate with insurance providers, medical professionals, and the police while you focus on getting better.
- The presence of a lawyer encourages the insurance company to stop stalling and offer fair compensation on time.
- If the case goes to court, they can represent your interests and prepare you for the trial.
- They work on a contingency basis, which means they are only paid after you win the settlement.
Hire No Bull Law as Your Lawyer to Get a Higher Than Average Payout
At No Bull Law, we’ll take your personal injury case head-on and fight relentlessly to secure the compensation you rightfully deserve.
We take a no-nonsense approach for every pedestrian and car accident settlement.
- First, you get a free consultation where you can share the details of your case, and we’ll provide honest advice about the road ahead.
- Then, our dedicated team gets straight to work and investigates your personal injury claim.
- Once we’re on board, we’ll be committed to winning you a fair settlement.
And the best part is that you pay no fees ‘less we win!
Ready to grab the reins and take control of your future?
Contact No Bull Law for a free case consultation today.
2 FAQs About Pedestrian Accident Settlements
Here are a few more things you must know before you make a claim:
1. How Long Do Pedestrian Accident Claims Take to Settle in Texas?
Pedestrian accident cases with clear liability and visible injuries typically settle within 6 to 12 months after the treatment is completed. However, if the accident involves more complex injuries, like those requiring surgery, the settlement process can take longer—usually between 12 and 16 months post-treatment.
An experienced pedestrian accident attorney will wait until your injuries heal before attempting to resolve the case because the personal injury settlement must account for past and future distress.
2. What Should I Do Before Filing a Pedestrian Accident Claim?
Even if you feel okay and have sustained a minor injury, seek medical care to ensure you don’t have any internal injuries. You should also get a medical report proving that the accident caused your injuries. Then, you should report the accident to the police.
Preserve everything related to the accident, such as damaged clothing, photos, police reports, medical bills, and eyewitness reports.
Then, consult a personal injury lawyer to take your pedestrian accident case further.
