Pedestrian Hit by Car Compensation Calculator

Injury Severity	Description	Estimated Compensation Range ($)
Minor	Minor bruises, cuts, or soft tissue injuries that heal quickly with minimal treatment.	$5,000 - $15,000
Moderate	Injuries like fractures, concussions, or whiplash requiring medical treatment and recovery time.	$15,000 - $50,000
Severe	Serious injuries such as broken bones, internal injuries, or nerve damage requiring surgery.	$50,000 - $150,000
Catastrophic	Life-altering injuries, including spinal cord damage, brain injury, paralysis, or amputation.	$150,000 - $500,000+

Compensation for a pedestrian hit by a car in the U.S. can vary widely by state due to differing liability laws, insurance requirements, and available coverage. However, most states follow general principles for assessing compensation, and many factors are common across jurisdictions. Here’s an overview of the main elements in pedestrian compensation claims, along with state-by-state variations.

1. Types of Compensation

Pedestrians hit by a car are generally entitled to several forms of compensation:

• Medical Expenses: Includes both immediate and long-term medical treatment, surgeries, physical therapy, and rehabilitation.
• Lost Wages: Covers wages lost during recovery and future income if the pedestrian’s ability to work is affected.
• Pain and Suffering: Compensation for physical pain, emotional distress, and trauma related to the accident.
• Loss of Quality of Life: Includes lifestyle changes, reduced mobility, and limitations on activities enjoyed before the accident.
• Property Damage: Covers damage to personal items such as phones or laptops that might have been damaged in the accident.

2. Factors Affecting Compensation

• Fault and Negligence: States have different rules on determining fault, which heavily influences compensation.
• Insurance Coverage: Some states require drivers to carry personal injury protection (PIP) coverage, while others do not.
• Comparative vs. Contributory Negligence: States vary between "comparative" (allowing partial fault to receive compensation) and "contributory" (barring any recovery if the pedestrian was partially at fault).

3. Insurance Laws by State

• No-Fault States: Require drivers to carry PIP insurance. Pedestrians injured in a no-fault state generally receive compensation through the driver’s PIP policy, regardless of fault. No-fault states include Florida, New York, New Jersey, Pennsylvania, Michigan, Massachusetts, Minnesota, Utah, North Dakota, and Hawaii.
• At-Fault States: Most states follow an at-fault insurance model, which requires the driver’s insurance to pay for damages if they were at fault. Common in Texas, California, Illinois, Georgia, and Ohio.
• Modified Comparative Negligence: Allows the pedestrian to recover compensation if they were less than 50-51% at fault (varies by state). Used by states like Texas, Colorado, Georgia, and Oregon.
• Pure Comparative Negligence: Pedestrians can recover damages even if they were mostly at fault, with compensation reduced by their degree of fault. Common in California, New York, and Florida.
• Contributory Negligence: In a few states (like Alabama, North Carolina, Maryland, Virginia, and Washington D.C.), if the pedestrian is even 1% at fault, they may not receive compensation.

4. Notable State Variations

• California: Allows pedestrians to file claims against multiple parties, enabling a broader range of compensation options.
• New York: A no-fault state with extensive PIP coverage requirements, often covering up to $50,000 for medical expenses.
• Florida: Requires all drivers to carry PIP insurance, allowing pedestrians access to medical benefits under this policy.
• Texas: An at-fault state that follows modified comparative negligence, meaning the pedestrian’s compensation is reduced by their degree of fault but only if they’re less than 51% responsible.

5. Filing Deadlines (Statute of Limitations)

Most states have statutes of limitations for filing injury claims, often between two and four years from the accident date. Specific limitations:

• Two Years: Common in states like California, Texas, and Georgia.
• Three Years: Common in New York, North Carolina, and Maryland.
• Four Years: Common in Florida and Oregon.

6. Insurance and Uninsured Drivers

Most states require drivers to carry liability insurance, though minimums vary. If a pedestrian is hit by an uninsured or underinsured driver, many states offer access to their own uninsured motorist (UM) or underinsured motorist (UIM) insurance policy, if available.

Here is a table that provides estimated compensation ranges for a pedestrian hit by a car based on different injury severity levels. These estimates include medical expenses, lost wages, and pain & suffering multipliers, though actual compensation may vary by case.

Pedestrian Hit by Car Compensation Estimation Table

Explanation of Compensation Factors

1. Minor Injuries: Includes cuts, bruises, and minor soft tissue injuries. Compensation typically covers minimal medical costs and a small amount for pain and suffering due to short recovery.
2. Moderate Injuries: This category includes injuries that require medical treatment but are not life-threatening, such as fractures and whiplash. Compensation factors include extended medical care, lost wages, and moderate pain and suffering.
3. Severe Injuries: Severe injuries can significantly impact a pedestrian’s daily life and may require surgery or long-term recovery. Compensation is higher to cover substantial medical costs, long-term lost wages, and significant pain and suffering.
4. Catastrophic Injuries: These injuries are often permanent or life-altering, such as paralysis, traumatic brain injury, or loss of limb. Compensation accounts for extensive medical treatment, lifetime care costs, total loss of income, and high pain and suffering. Cases in this range may lead to settlements or jury awards well above $500,000, depending on the extent of injuries and lifelong impact.

Additional Factors That Can Impact Compensation

• Medical Expenses: All levels include estimated medical expenses, but additional surgeries, therapies, or care costs may raise compensation significantly.
• Lost Wages: Compensation often includes reimbursement for income lost during recovery or in cases where future earning capacity is affected.
• Pain & Suffering Multiplier: A multiplier is often applied to medical costs and lost wages based on injury severity.