How Pedestrian Accident Settlements Are Calculated in Missouri

Pedestrian accidents are significantly more dangerous than regular crashes. When the victim drives a car, they at least have their vehicle to protect them. In this case, the pedestrian receives the impact directly.

Even if the victim doesn't die, they will face serious injuries. Recovering from severe physical problems is expensive, especially if the person undergoing treatment wasn't ready to pay for it. Fortunately, the law protects pedestrians and allows them to sue negligent drivers.

Pedestrians must hire a personal injury lawyer as soon as they suffer a car accident for them to take the case. Everything they do from that moment will determine the amount of money they will receive for medical bills and additional damages.

What is the average car accident settlement? That depends on many factors. This page will explain the process of calculating the compensation a pedestrian receives after a crash.

Victims in St. Louis, Missouri, can count on the Powell Law Firm to help them with their cases. This legal office specializes in personal injury cases, so the lawyers working there know exactly what to do to maximize the compensation of their clients.

To schedule a free consultation with a lawyer from the Powell Law Firm, victims only have to call. In that case evaluation, the attorney will hear the details of the case, outline a possible strategy, and explain all the steps of the process to the client. They can advise on how product liability accident settlements are calculated in Missouri.

About the Fault System in Missouri

To understand how to calculate the average settlement for a pedestrian accident, people first need to know how Missouri's fault system works. The state works under a pure comparative fault rule. That means the liability for the crash can be divided between several parties, including the victim.

The fault each party shares for the accident directly determines the final amount of compensation the victim receives. Here, the liability percentage assigned to the pedestrian is reduced from the settlement amount.

If, for example, the medical bills of a victim are $50,000, and they are determined to be 20% at fault for the accident, they would only receive $40,000. That, of course, would apply to the whole award.

Who Can Be at Fault in a Pedestrian Accident?

Factors, such as the circumstances of the incident, the behavior of the parties involved, and local regulations, are essential to determine who is at fault for a crash. While the driver of the vehicle often holds the most liability for an accident, things are not always that way.

The driver is liable if they failed to yield, were speeding, distracted while driving, or driving under the influence, or engaged in any behavior that could objectively be deemed reckless. It also applies if they do not follow local traffic regulations.

More than one driver could be liable for a crash, even if they didn't hit any of the parties directly. The same applies to cyclists and motorcyclists.

Setting that aside, the pedestrian can also be partially at fault for an accident. They will be liable if they, in any way, contributed to the crash. That includes jaywalking, making sudden movements, or disregarding traffic signals.

Being under the influence of alcohol or other psychotropic substances that could cloud their judgment won’t help the defendant’s case, as the judge may rule that it compromised their actions.

The local government could be liable for an accident if it happened due to the current state of the street’s infrastructure. Lack of sidewalks, poorly marked crosswalks, and obstructed signals make crashes more likely. Regardless of that, including the government in a personal injury lawsuit is a complex process.

Under rare circumstances, manufacturers could be held accountable for the severe injuries victims suffer in a pedestrian crash. This happens if the accident happens because of a defective car part.

How to Calculate Pedestrian Accident Settlements in Missouri

The main goal of pedestrian accident claims is for the victim to recover compensation through a fair settlement. Nonetheless, they don’t directly decide the amount of money they will receive. There are many factors to consider to get to that number. For more details, personal injury lawyers in St Louis MO may be able to help.

It’s important the victim understands how to at least estimate their settlement to know what to expect with their current case strategy. Needless to say, their lawyer should also help them throughout this process, as it can be overwhelming.

To reach the final settlement of a claim, people have to calculate economic and non-economic damages and check if punitive damages apply to the case. Below is a brief explanation of each of those terms:

Calculating Economic Damages

Calculating the economic damages of a pedestrian accident is not that complex. At the end of the day, they consist of the quantifiable losses the victim experienced. Medical expenses are included here, meaning people can get compensation for hospital bills, surgery costs, medications, rehabilitation, and therapy.

Naturally, the money people need for medical treatment depends on the severity of the damage they went through. Serious problems, such as traumatic brain injuries, will make the final settlement increase a lot.

Aside from injuries, victims can also be compensated for lost wages. This represents the money they won’t be able to make due to the injury. The financial support covers past and future lost income.

Finally, property damage is also included in economic losses. While this doesn’t often represent a significant part of the award, the victim can get compensation for any property lost in the accident, such as phones, glasses, or clothing. In a regular car accident, property loss includes damage to the vehicle.

About Non-economic Damages

While it's simpler to determine the amount to compensate for minor injuries or catastrophic injuries in a crash, things become more complex when calculating non-economic damages. These are, in a nutshell, unquantifiable losses that personally harm the victim.

The problem with non-economic losses is that they don't have an actual price in real life. People can't objectively put a number on their emotional distress, pain, and suffering. Therefore, Missouri law has special methods to calculate this.

To pursue compensation for non-economic damages, courts can give a daily value to the suffering of the victim and multiply that by the number of days they suffer because of the accident. It's also an option to multiply the total amount of economic losses by a number that is often between two and five.

Besides emotional and physical pain, victims of a pedestrian accident case can also get compensation if the event affected their relationship with their spouse in any way. They can also get support for losing their enjoyment of life by being unable to engage in activities they used to do in the past.

When Do Punitive Damages Apply?

Punitive damages apply in cases where the at-fault driver acted with malicious intent or gross negligence. The law uses this as a way to punish the defendant for their reckless behavior.

This, sometimes, applies when the driver is under the influence of alcohol or other psychotropic substances while driving. Punitive damages are awarded on top of economic and non-economic losses.

Factors That Affect Settlement Amounts

Several factors can affect the money victims receive after a car accident claim. The first of them is the severity of injuries. As mentioned before, health problems, such as spinal cord damage and limb amputations, lead to a larger settlement.

Insurance coverage is also key to determining how much money victims will receive. That's the reason these cases often include negotiating with the other party's insurance company.

Now, everything depends on the insurance coverage the other party has. Some states require people to get access to specific benefits before they can legally drive. Missouri does that with uninsured motorist coverage.

Conclusion

Factors, such as the severity of the victim's injuries, the at-fault party's level of liability, and the specific circumstances surrounding a pedestrian accident are key to calculating the final settlement for a claim. However, victims need a lawyer to help them do that and maximize the money they get for their injuries.

Experienced lawyers will find enough evidence to get support for economic damages, such as medical bills and lost wages. Things don't end there, though. The patient's emotional and physical suffering is worth compensating as well, and victims deserve justice for that as well.

Overall, the idea of hiring personal injury attorneys for a pedestrian accident claim is not only to help the injured person but also to keep these crashes from happening again. It's true that the process can be overwhelming, but that's what lawyers are there for.

At Powell Law Firm, victims will get help from a dedicated team of professionals who are truly committed to guiding them through every step of their case. That includes filing the initial claim, collecting evidence, negotiating with the other party, and going to trial.

Anyone involved in a pedestrian accident shouldn't hesitate to contact the Powell Law Firm and ask for a free consultation. They are only one call away from getting justice and financial support to cover their medical bills, lost wages, and overall suffering.