Average Payout for a Pedestrian Hit by a Car
Get a New Orleans car accident lawyer who fights for maximum compensation
If you’ve been hit by a car while walking in New Orleans, you already know how fast life can change. One minute you’re crossing the street, and the next you’re in an ambulance headed to University Medical Center, wondering what just happened and what comes next. The physical pain, the fear, and the unanswered questions are a lot to carry.
You may be wondering how much your case is worth. Maybe someone mentioned an “average” settlement for pedestrian accidents. The truth is, there is no one-size-fits-all answer. In Louisiana, every case is unique. However, there are some clear patterns and legal factors that shape what kind of payout you can expect.
The Law Offices of John S. Williams can explain how this all works and help you explore your legal options during a free consultation. To learn more, contact us online or call our New Orleans law office.
“I believe the ratings speak for themselves. John is a professional, conscientious, knowledgeable attorney. He treats clients and family with the utmost respect and keeps us apprised. He always calls or emails when new issues arise. He’s very pleasant to work with and I give him my highest recommendation.” – anonymous, ⭐⭐⭐⭐⭐
Is there an average payout for pedestrian accidents?
Technically, there is no single average number that applies to all pedestrian accident claims. Some settlements are as low as $10,000. Others climb into the millions. A pedestrian who walks away with a few scrapes is in a different category than someone who suffers a spinal cord injury or loses a loved one to a fatal crash.
In New Orleans, the payout can depend on where the crash happened, how much insurance is involved, and the impact your injury had on your life.
The best way to understand what your case may be worth is to let an experienced New Orleans pedestrian accident lawyer dig into the details. Attorney John S. Williams will factor in everything, including injury severity, liability, medical costs, and insurance coverage.
Why do payouts vary so much?
There’s a wide range of potential settlements because every accident brings its own set of circumstances. For example, a broken toe and a traumatic brain injury are both injuries, but they don’t belong in the same compensation category.
New Orleans has some unique challenges too. The mix of tourists, cyclists, and heavy pedestrian foot traffic creates a higher risk of serious crashes. The legal environment here is different than in other parts of Louisiana. Orleans Parish juries tend to be more sympathetic to injured plaintiffs, but insurance companies know that and adjust their strategies accordingly.
Your payout might be affected by traffic camera footage, witness credibility, the presence of alcohol or drugs, and even whether crosswalk signals were functioning at the time of the crash. These are not small factors; they can make or break your case.
That’s why you need an experienced New Orleans pedestrian accident lawyer to gather the facts that tell the real story, so the insurance companies can’t control the narrative.
What affects the value of a pedestrian accident claim?
The value of your pedestrian accident claim can revolve around several factors, including:
Severity of the injury
This is the heart of your claim. The more serious and long-lasting your injuries, the higher the potential compensation. A sprained ankle that heals in a few weeks is one thing. A fractured pelvis or spinal cord damage that requires surgery and long-term care is something else entirely.
In New Orleans, we’ve seen everything from minor cuts to catastrophic head trauma. Hospital records, diagnostic tests, and doctors’ notes help establish just how bad your injuries are and how they will affect your life moving forward.
Medical treatment costs
Bills speak volumes. Whether you were treated at Touro Infirmary or received outpatient care at a local clinic, every medical expense adds weight to your claim. This includes emergency transport, hospitalization, surgery, follow-up visits, physical therapy, prescriptions, and even assistive devices like crutches or wheelchairs.
Don’t forget future medical costs. If you need ongoing therapy or more surgeries later on, those should be factored into your settlement. The Law Offices of John S. Williams works with medical experts to estimate these costs accurately.
Lost income and reduced earning ability
In a working city like New Orleans, being sidelined from your job can mean serious financial trouble. Maybe you’re a service worker on Bourbon Street, a musician in the Frenchmen Street district, or a tradesperson with steady clients. If your injury kept you from earning a paycheck, you deserve to be compensated for that lost income.
If the injury affects your ability to work in the future, even partially, you may also be entitled to damages for reduced earning capacity. This is where the law really considers how your life has changed.
Pain, suffering, and emotional distress
Not all damage is physical. Emotional pain matters. Anxiety, fear, depression, and the sheer disruption of your daily life all count in a Louisiana pedestrian accident claim. These non-economic damages don’t come with receipts, but they are no less real.
Insurance companies often undervalue this part of the claim. Attorney John S. Williams knows how to convey the depth of your suffering to an adjuster or jury.
What do pedestrian settlements typically look like in New Orleans?
Minor injuries tend to pay less than severe injuries. For example, a pedestrian is lightly struck by a car pulling out of a driveway in the Garden District. The pedestrian suffers a bruised knee and a sprained wrist. Medical costs are minimal and there’s no time off work. In this scenario, the typical payout would be $10,000 to $20,000.
For a moderate injury, let’s say someone is hit while crossing near Loyola Avenue. The driver was speeding. The victim suffers a broken arm requiring surgery and misses eight weeks of work. In this case, the payout might be $60,000 to $125,000.
Severe injuries tend to result in the highest payouts. For example, a Tulane student is struck by a drunk driver near campus. She suffers a traumatic brain injury, facial fractures, and requires long-term rehabilitation. The typical payout might be $750,000 to $2 million, depending on her future care needs and ability to return to school or work.
The same applies in wrongful death cases. Let’s say a father walking along Chef Menteur Highway is fatally hit by a distracted driver. His family sues for wrongful death. The payout in this case could be $500,000 to several million, depending on lost income, companionship, and other damages.
How insurance coverage limits payouts
Louisiana law requires drivers to carry at least $15,000 per person in bodily injury liability coverage. Unfortunately, many people carry only the minimum. If your damages exceed the driver’s coverage, things get more complicated.
Unless the driver has significant personal assets or an umbrella policy, you may be limited by what their insurance will pay. This is why having your own auto policy with uninsured and underinsured motorist coverage is so important.
Louisiana law also requires insurance companies to offer uninsured/underinsured motorist (UM/UIM) coverage, and many people have it without even realizing. This coverage protects you when the at-fault driver has little or no insurance. It applies even if you were on foot at the time of the pedestrian accident.
If the driver who hit you had no insurance, or if their policy doesn’t cover the full extent of your injuries, your UM/UIM coverage can step in to make up the difference.
MedPay Medical Payments coverage is another option. It can help pay for immediate medical expenses, regardless of who was at fault. This is helpful in the early days after a crash, before a liability settlement is reached. Coverage amounts vary but typically range from $1,000 to $10,000.
Attorney John S. Williams can help you explore all possible options for seeking compensation, whether it’s from the driver’s insurance provider or your own.
How long does it take to get paid after a pedestrian accident?
Some cases settle in a few months. Others take a year or more. The timeline depends on the specifics of your case, the severity of your injuries, and how cooperative the insurance companies are.
Here’s what the timeline typically looks like:
- Simple claims with minor injuries: 3 to 6 months
- Moderate injuries: 6 to 12 months
- Severe or disputed claims: 1 to 2 years, especially if a lawsuit is filed
Delays can happen for all sorts of reasons. Sometimes you need to reach maximum medical improvement before a case can be valued properly. Other times the insurance company is dragging its feet or the court docket is backed up.
When should I accept a settlement after a pedestrian accident?
You should only accept a settlement that covers the full extent of your economic and non-economic damages. It’s generally best not to accept the first settlement offer. Insurance companies often try to get away with lowballing settlements. They may promote a quick payment knowing that you might act out of desperation.
However, once you accept a settlement, you can’t go back for more money in the future. That’s why you should let an experienced attorney handle all negotiations for you. Attorney John S. Williams will never accept less than the compensation you’re entitled to.
Where the crash happened doesn’t change your rights
New Orleans drivers owe pedestrians a duty of care. This means they have a responsibility to stay attentive and drive in a way that is safe and reasonable. When they fail, they must be held accountable for the harm they cause.
These aren’t just accidents. They’re preventable acts of negligence. But without legal help, your story may go unheard and your case undervalued. Don’t let negligent drivers and pushy insurance companies stop you from seeking justice.
The Law Offices of John S. Williams handles pedestrian accidents across New Orleans, from Algiers to Uptown and everywhere in between. If you were injured walking in this city, contact us online or call for a free consultation. We know how to win cases here and we’re ready to fight for you, with no upfront or hidden fees for our services.