A pedestrian struck by a motor vehicle has virtually no physical protection from the force of the collision, making these accidents more likely to result in severe injuries. According to the National Highway Traffic Safety Administration (NHTSA), 7,388 pedestrians were killed and approximately 60,577 were injured in U.S. traffic crashes in 2021. This highlights the serious risks pedestrians face on the road.
For injured pedestrians, the physical consequences are often accompanied by medical bills, lost income, and a lengthy legal process. Understanding how pedestrian accident lawsuits are evaluated and what funding options may be available while a claim is pending can help you make more informed decisions.
The Injuries and Costs Behind Pedestrian Accident Claims
Pedestrian accidents can result in some of the most serious injuries seen in personal injury cases. Because pedestrians are directly exposed to a vehicle’s impact, injuries may require:
- Emergency care
- Hospitalization
- Surgery
- Rehabilitation
- Long-term treatment
Catastrophic Injury Types
Common serious injuries from pedestrian accidents include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Multiple fractures
- Internal organ trauma
Some pedestrians recover fully, while others face permanent disabilities requiring ongoing medical care and assistance.
Why These Injuries Drive High-Value Claims
The financial impact of a serious pedestrian injury can extend well beyond the initial emergency room visit. Hospitalization, surgeries, physical therapy, medications, specialist care, assistive equipment, and future treatment can create substantial economic damages.
When injuries prevent someone from returning to work, a claim may also include lost wages and reduced future earning capacity. The more severe and permanent the injuries, the greater the potential financial impact—which can significantly influence the value of a personal injury lawsuit.
Common Pedestrian Accident Scenarios
Pedestrian accidents can happen in many environments, from busy intersections to shopping-center parking lots. Understanding how the accident occurred can be important when determining who was responsible.
Crosswalk and Intersection Accidents
Pedestrians may be struck while using a marked crosswalk or crossing at an intersection without a marked crossing. Drivers may fail to yield, run a red light, turn without checking for pedestrians, or simply not see someone crossing the roadway.
Left-turn collisions are another common scenario. A driver turning left may be focused on oncoming traffic and fail to notice a pedestrian who has the right-of-way.
The specifics of each accident matter, including traffic signals, visibility, road conditions, vehicle speed, whether the vehicle was a corporate vehicle, and which party had the right-of-way.
Parking Lot and Distracted Driving Accidents
Parking lots create another risk because drivers and pedestrians frequently share the same space. A driver backing out of a parking space or driving through a lot may strike a pedestrian who is walking nearby.
Distracted or impaired driving can also contribute to pedestrian car accidents. Looking at a phone, adjusting navigation, driving while impaired, or otherwise failing to pay attention can prevent a driver from being aware of a pedestrian until it is too late.
The Legal Elements That Determine Your Claim’s Value
A pedestrian accident lawsuit settlement generally depends on more than proving a vehicle struck a person. Attorneys and insurers examine the driver’s duty of care, applicable right-of-way rules, evidence of fault, and whether the pedestrian may have contributed to the accident.
These factors can influence whether a claim succeeds, as well as how much it may ultimately be worth.
Duty of Care and Right-of-Way
Drivers have a responsibility to operate their vehicles safely and follow applicable traffic laws. State laws establish specific rules regarding when drivers must yield to pedestrians and when pedestrians must yield to vehicles.
Evidence such as traffic-camera footage, police reports, photographs, witness statements, and vehicle data can help establish what happened and whether the driver violated a traffic rule or otherwise acted negligently.
Comparative Negligence Defenses
Insurance companies may argue that a pedestrian contributed to the accident. For example, they might claim that when the pedestrian was hit by a car, they had crossed outside a crosswalk, entered the roadway unexpectedly, or failed to follow a traffic signal.
Depending on the state, comparative or contributory negligence rules may reduce a plaintiff’s recovery if the pedestrian is found partially responsible. The percentage of fault assigned to each party can therefore have a significant effect on settlement value.
Why Pedestrian Accident Lawsuits Take 1-3 Years to Resolve
Serious pedestrian accident cases can take months or even several years to resolve. Extensive hospitalization and rehabilitation may make it difficult to determine the full extent of an injury early in the case, while disputes over liability can lead to lengthy negotiations or litigation. The more delayed a case is, the more likely it is that the financial pressure will become increasingly difficult.
In some cases, insurers may use this financial pressure to their advantage during negotiations by making an early settlement offer before the plaintiff’s full medical picture is known. Although an early settlement on a pedestrian accident lawsuit can provide immediate money, accepting an offer too soon may leave future medical expenses or other damages unaddressed.
How Pedestrian Accident Lawsuit Funding Provides Stability
Pre-settlement funding may provide a financial option for qualifying plaintiffs who are waiting for a pedestrian accident claim to resolve. Rather than accepting a settlement after being hit by a car simply because immediate expenses have become difficult to manage, having access to funds can give a plaintiff more financial stability while they wait for their case to reach a resolution.
This type of funding is sometimes incorrectly referred to as a “lawsuit loan” or “lawsuit cash advance,” but Oasis Financial’s pre-settlement funding is structured differently from a personal loan. Rather than focusing on a plaintiff’s credit score or income, the case itself is the primary consideration. Oasis offers non-recourse pre-settlement funding, meaning payment is tied to the outcome of the case. If the case does not result in a recovery, the plaintiff does not owe the funding back.
FAQs About Pedestrian Accident Lawsuit Funding
What is the average settlement for a pedestrian hit by a car?
There is no reliable average settlement for getting hit by a car because settlement values depend on factors such as:
- Injury severity
- Medical expenses
- Lost income
- Liability
- Insurance coverage
- Long-term consequences
How long does a pedestrian accident lawsuit take?
A pedestrian accident lawsuit can take one to three years or longer, particularly when injuries are severe, liability is disputed, or the case proceeds through litigation. Cases involving ongoing medical treatment may also take longer because the full extent of damages may not be known immediately.
What is pedestrian accident lawsuit funding?
This type of funding provides qualifying plaintiffs with access to funds while their personal injury case is pending, helping cover living expenses and other financial obligations while the case is in process.
Do I need good credit to qualify for a pedestrian accident lawsuit funding?
Funding decisions focus on the strength and potential value of the underlying case rather than a credit score.
What documents do I need to apply for funding?
This may vary depending on the circumstances of the case. But common documents provided typically include:
- Attorney’s case details
- Accident or police report
- Medical records
- Bills
- Insurance information
- Evidence supporting liability and damages
For more information on pre-settlement funding, refer to our general FAQ page.
Work With Oasis Financial
Pre-settlement funding may be a good option for qualifying plaintiffs seeking financial flexibility while their case is ongoing. If you’re dealing with financial pressure while a pedestrian accident lawsuit claim is pending, see where pre-settlement funding is available, then contact us to discuss your options or apply online.
This article is provided for general informational and educational purposes only and does not constitute financial, investment, legal, accounting, or tax advice. No attorney–client, advisory, fiduciary, or other professional relationship is formed by your access to or use of this content. You should not act or refrain from acting based on any information herein without obtaining advice from qualified professionals who are familiar with your particular circumstances. The authors and publisher make no representations or warranties, express or implied, and disclaim all liability for any loss or damage arising from reliance on or use of this article.
Oasis provides pre-settlement funding, also known as consumer litigation funding, to its customers through different products depending on their state of residence or cause of action. Many consumers will be provided pre-settlement funding in the form of a purchase agreement, which assigns a portion of the pending proceeds from their legal claim. Other consumers, such as those in CO, CT, MD and SC will be offered a funding in the form of a pre-settlement loan, sometimes referred to as a lawsuit loan. These transactions have important differences, therefore, consumers should carefully review and be aware of the type of transaction that is offered to them by any funding company.