How Long Does It Take to Settle a Pedestrian Accident Case?

The duration of settling a pedestrian accident case can vary widely depending on several factors. Generally, it can take anywhere from a few months to years to reach a settlement. Personal injury cases involving serious injuries, disputed liability, or multiple parties can take longer to settle. If you were injured in a pedestrian accident caused by someone else’s negligence, it’s crucial to consult a Riverside pedestrian accident lawyer who can help you hold the responsible parties liable. Call us today at (909) 703-2420 or complete our quick online contact form. 

Who Is Held Liable in a Pedestrian Accident?

Under California’s comparative negligence laws, fault can be shared among multiple parties, including drivers and pedestrians. Sometimes, liability can also extend to other parties, such as municipalities, for poor road conditions or faulty traffic signals.  Even if the plaintiff shares some fault, they can still receive compensation proportional to the other party’s degree of fault. 

Therefore, if a pedestrian is partially at fault for the accident, they can still recover damages, although their percentage of fault will reduce their compensation. For example, if a pedestrian is found to be 20% at fault for recklessly jaywalking and the driver is 80% at fault for speeding, the pedestrian can recover 80% of the total damages.

Proving Liability in a Pedestrian Accident Case

To establish liability in a personal injury case, including pedestrian accidents, several elements must be proven:

1. Duty of Care: The first element is to establish that the defendant owed a duty of care to the plaintiff. Drivers have a legal obligation to exercise reasonable care to avoid causing harm to pedestrians. This includes following traffic laws, maintaining a proper lookout for pedestrians, and driving at safe speeds, especially in areas where pedestrians are likely to be present. Pedestrians must also uphold the duty of care to follow traffic laws and cross the street when it is clear and legal to do so.
2. Breach of the Duty of Care: This occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances. For example, if a driver runs through a stop sign or drives while distracted, they have breached their duty of care.
3. Causation: This involves proving that the defendant’s breach of duty was a significant factor or directly caused the accident and the plaintiff’s injuries. 
4. Damages: The plaintiff must demonstrate that they suffered damages caused by the car accident. These damages can include medical bills, lost wages, pain and suffering, and other losses. They must be quantifiable and directly linked to the injuries sustained in the accident. Medical records, bills, and expert testimony often serve as evidence to demonstrate the extent of the damages.

Factors Affecting Pedestrian Accident Settlements

The Length of the Medical Treatment

When a pedestrian is hit by a car, they can sustain life-altering injuries. The duration of medical treatment significantly impacts the timeline for settling a pedestrian accident case. Simple injuries with a clear treatment plan may only take months to resolve. 

However, severe injuries requiring long-term care, multiple surgeries, or rehabilitation can prolong the settlement process. To ensure all future medical costs are accounted for, it’s essential for all medical treatments to be completed before finalizing a settlement. Waiting for medical treatment to conclude ensures the victim receives full and fair compensation for the accident-related losses.

The Severity of Injuries

The severity of the injuries sustained in a pedestrian accident is a major factor in the settlement amount and the time required to settle the personal injury case. Severe injuries typically result in higher medical bills, longer recovery times, and more significant implications on the victim’s quality of life. More severe injuries often require ongoing medical evaluations and treatment, delaying the final settlement until a clear prognosis is established. 

These factors contribute to a higher compensation amount, which can lead to more extended negotiations as insurance companies may be reluctant to pay out a large settlement. 

The Strength of the Evidence

Strong, clear evidence can lead to a quicker and more favorable settlement. This includes clear eyewitness accounts, police reports, video footage, and detailed medical records. High-quality evidence reduces disputes over liability and damages. 

Conversely, weak or inconclusive evidence can lead to prolonged negotiations or even a trial, as parties may contest the facts of the case more aggressively. Therefore, having clear and compelling evidence is key to a successful and timely resolution.

Insurance Coverage and Its Impact on Settlements

The amount and type of coverage held by the at-fault party can significantly impact the settlement amount. In pedestrian accident cases where the driver’s insurance coverage is insufficient to cover the damages, the injured victim may need to seek compensation through their own uninsured or underinsured motorist coverage. 

In cases where the liable party’s insurance is insufficient, pursuing additional compensation through litigation might be necessary to get the compensation you deserve. An experienced pedestrian accident attorney can help you pursue the maximum compensation available.

Settlement Negotiations and Litigation

If the other party’s insurance company is unwilling to offer a fair settlement, the pedestrian accident case may proceed to litigation. Litigation involves formal legal proceedings, including filing a lawsuit, discovery, and potentially going to trial. 

This process can significantly extend the timeline and increase costs. A Riverside personal injury attorney can represent you in court to pursue the compensation you deserve and resolve your case in a timely manner.

What to Expect During the Pedestrian Accident Settlement Process

During the pedestrian accident settlement process, victims can expect several stages. Initially, there will be a thorough investigation to gather evidence and establish liability. This phase involves collecting police reports, medical records, and witness statements. 

Following the investigation, the victim’s attorney and the insurance company will negotiate to reach a fair settlement. The negotiation phase can involve several rounds of offers and counteroffers. 

If a settlement cannot be reached, the case may proceed to litigation, involving more formal legal procedures such as filing a lawsuit, discovery, and potentially a trial. An experienced trial lawyer can present your case in court and prove the other party’s liability.

File Your Pedestrian Accident Claim On Time

Filing a pedestrian accident claim promptly is crucial due to the statute of limitations. This legal deadline dictates the time frame within which a personal injury claim must be filed. The statute of limitations in California is typically 2 years from the accident date. Failing to file within this period can result in losing the right to pursue compensation. 

Filing your case promptly can help strengthen your case because the evidence is fresh, and the witnesses’ memories are clear. Additionally, early filing allows for timely medical evaluations and treatment, which are essential for documenting injuries and calculating damages accurately. Consulting with a personal injury attorney as soon as possible can help ensure all necessary steps are taken and legal documents are filed within the required time frame.

Consult With An Experienced Pedestrian Accident Attorney Today

If you were injured in a pedestrian accident, it’s crucial to seek immediate medical attention and then consult with a Riverside personal injury lawyer. At Sycamore Accident Lawyers, we are dedicated to helping injured pedestrians recover full and fair compensation for their losses.

Our strong determination and aggressive negotiation tactics secure maximum compensation for our clients. We maintain a 99% success rate and have recovered millions of dollars in settlements and verdicts for our clients. Call our Riverside personal injury law firm today to schedule a free consultation.