Can a pedestrian hit by a car get compensation? You’ll find out in a moment.
Here, you’ll also see some of the top 10 most frequently asked questions about pedestrian accidents. Of course, you’ll get answers that are detailed (yet easy to understand).
You’ll also see many actual settlements for pedestrians who were hit by a car. More importantly, I will explain how I calculated the compensation range in those cases.
This article focuses on cases where a motor vehicle hits a pedestrian.
On February 25, 2021, WSVN7 local news aired a story about a pedestrian who was allegedly hit and seriously injured by a taxi in Miami-Dade County.
They asked me for my thoughts on her personal injury claim.
You can watch the interview here.
Claims and Settlement FAQs (Pedestrian Hit By Car)
I’ve collected a bunch of frequently asked questions. Please review them carefully before talking with an insurance company if a car hit you while you were a pedestrian.
The pedestrian’s Personal Injury Protection (PIP) or Medpay coverage should pay for medical bills. These coverages may be on the pedestrian’s personal auto insurance policy. This is true even though the pedestrian (obviously) was not in that car when he or she was hit.
If the pedestrian did not own a car, he or she can make a PIP or Medpay claim with any relative with whom he or she was living.
If the pedestrian didn’t own a car or live with a relative who had car insurance, the car’s (who hit the pedestrian) PIP should cover the pedestrian’s medical bills. However, if the pedestrian is not a Florida resident, then the insurance of the driver (who hit him or her) will not pay PIP benefits.
Additionally, the pedestrian’s health insurance should cover medical bills.
If the driver was at fault for hitting the pedestrian, he or she owes the pedestrian for any amounts that the pedestrian’s health insurance paid. The same is true if Medicare or Medicaid paid the pedestrian’s medical bills.
For any amounts not covered by any of the above insurances, the pedestrian can make a claim against the at fault driver. Again, this assumes that the driver was at fault for hitting the pedestrian. In some states (like Florida), the car owner is also liable for the pedestrian’s medical bills.
Of course, the pedestrian can also sue the driver for pain and suffering.
Yes, but only if the driver of the car was at fault for causing the accident. If the pedestrian was in the crosswalk when the car hit him or her, the pedestrian can sue.
On the other hand, if the driver did nothing wrong to cause the accident, the pedestrian cannot sue.
While many people use the word “sue”, most claims get settled without a lawsuit. This saves the pedestrian on court fees, as well as an increased attorney’s fee after a lawsuit is filed. It also saves the pedestrian from the stress that comes with a lawsuit.
Some states allow a pedestrian to sue for pain and suffering only if he or she has a permanent injury or scar. For example, Florida follows this rule in most (but not all) cases. As soon as possible after the accident, the pedestrian should take photos of any bruising or cuts.
If you have pain that does not go away after a few months, some doctors believe it to be a permanent injury. This allows the pedestrian to sue for pain and suffering.
The driver’s insurance company can hire a doctor to examine you. Unfortunately for the pedestrian, the driver’s insurance company will usually find that the injury is not permanent. This is especially true in neck and back injury cases. To be properly armed, the pedestrian should hire an attorney to maximize settlement value. Most attorneys, like myself, give a Free Consultation to see if we can represent you.
The pedestrian may be able to get the following damages:
Lost wages and disability benefits
Future lost income reduced to present value
Future medical expenses
Replacement value of lost personal property (e.g. damage to your car, etc.)
Reimbursement for mileage to and from medical appointments
Past Pain and suffering
Future pain and suffering
Scarring and disfigurement
Loss of capacity for the enjoyment of life.
Punitive Damages (in rare cases)
A pedestrian can only get a payout for pain and suffering if the driver of the car was at fault. In other words, if the driver did nothing wrong, the pedestrian can’t get compensation for pain and suffering.
Yes, in most cases if the pedestrian was hit by a car in a No-Fault State. For example, Florida is a No-Fault state. The map (further below) shows the No Fault states. In most accidents where a car hits a pedestrian in Florida, Personal Injury Protection (PIP) pays up to $10,000. This $10,000 gets paid to the pedestrian’s medical providers, or to the pedestrian for lost wages.
Even though the pedestrian wasn’t in a car when he or she was hit, the pedestrian’s car insurance will pay PIP benefits for the accident. However, if the pedestrian owns a car that is uninsured, then PIP won’t pay medical bills or lost wages.
If the pedestrian doesn’t own a car, but lives with a relative who owns a car, the relative’s PIP insurance will pay benefits. If the pedestrian doesn’t own a car, and her spouse owns an uninsured car, the insurer for the car that caused the crash must pay PIP benefits. State Farm Mut. Auto. Ins. Co. v. Pierce, 383 So. 2d 1184 – Fla: Dist. Court of Appeals, 5th Dist. 1980. The pedestrian isn’t penalized because her spouse has an uninsured car.
The driver is responsible for the bills and lost wages that PIP doesn’t pay. Additionally, the pedestrian may be entitled to compensation for pain and suffering.
It depends on whether the accident happened in a No-Fault state.
For example, in most case where a motor vehicle hits a pedestrian in Florida, the tort threshold applies. In order to recover pain and suffering damages you need to show that your injury meets the tort threshold.
What Injuries Meet the Tort Threshold?
A threshold injury is one of the following injuries:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.
Florida Statute 627.737(2)
If you are from another state or are a foreigner visiting Florida and you are hit by a motor vehicle, you may not have to meet one of the criteria in (a-d) above in order to be entitled to pain and suffering. It depends on the exact facts of the accident.
A driver usually will not be arrested for hitting a pedestrian unless the driver was drunk or driving recklessly. Some examples of reckless driving include driving 70 mph in a school zone, or drag racing.
If a reckless driver hits a pedestrian, the pedestrian’s injury case against the driver is usually worth more. This is because the insurance company knows that jurors may want to punish the reckless driver.
If a car hits a pedestrian while he or she is in a crosswalk, the driver of the car is at fault. As a result, a pedestrian’s personal injury case is much better if he or she was in a crosswalk at the time of the accident.
On the other hand, if a car hits a pedestrian while he or she is not in a crosswalk, both the driver and the pedestrian may be at fault. Or the pedestrian may be 100% at fault. A pedestrian’s personal injury case is worse if he or she was not in a crosswalk at the time of the accident. The value of the pedestrian’s case will depend on the law of the state where the accident happened. Some states (like Florida) allow a pedestrian to get compensation even if he or she was not in a crosswalk.
A pedestrian can still have a great case even if he or she was hit by a car while not using a crosswalk. For example, I settled a case of a pedestrian who was hit by a car while not in a crosswalk for $70,000. While walking in the middle of the street in broad daylight, a car hit her.
Other states won’t allow a pedestrian to get compensation if he or she was not using a crosswalk. These states don’t allow a pedestrian to get a payout if he or she was just 1% or more at fault.
Cases where a drunk driver causes an accident are generally worth more than if the driver was sober (not drunk) and just careless. This is because the pedestrian can sue the drunk driver for punitive damages. Punitive damages are in addition to compensation for medical bills, and pain and suffering.
For example, in one case GEICO and Allstate paid $2.11 Million to the adult children of their 73 year old mom who was hit and killed by a drunk driver. I do not know whether the woman was crossing the street in a crosswalk.
If she was, there would most likely be very little fault, if any, on her. However, if she was walking across the road and not at a crosswalk, she would likely be, at least, partially at fault.
If she was partially at fault, the insurance company for the owner of the car and drunk driver would reduce the value of the wrongful death claim by their mother’s percentage of fault.
This verdict shows that an insurance companies may pay $527,750 or more for each adult child’s claim for mental pain and suffering. That was not my case. However, I have settled many cases for pedestrians who were hit by a car.
If a car hits a pedestrian, the driver must have been negligent in order for the pedestrian to recover damages against the driver. Negligence means carelessness.
Find out if a driver is at fault for hitting a pedestrian.
A driver may get a ticket if he or she hits a pedestrian. However, a police officer will only give a ticket if the driver was careless. The ticket will require the driver to pay a fee to the court. The fee is usually between $100 and $300.
In addition, the pedestrian can make a claim with the driver’s car insurance company. If the driver was at fault for causing hitting a pedestrian, the car insurance company may have to pay compensation. This means that the at fault driver’s insurance company may pay for the pedestrian’s medical bills, lost wages, pain and suffering.
The case gets more complicated if the accident happened in a No-fault state. Florida is one example of a No-Fault state. In Florida, the pedestrian’s own car insurance company will usually pay up to $10,000 of medical bills (and lost wages). This is true in most pedestrian accident cases. It is true even though (by definition) the pedestrian was not in a car when the accident occurred.
No-fault laws are complicated. Therefore, the pedestrian should hire a lawyer to protect his or her rights.
Table of contents
- Claims and Settlement FAQs (Pedestrian Hit By Car)
- What if the driver’s insurance company says that they are denying coverage?
- $100K Settlement for Pedestrian Hit by Car
- $90K Settlement for Pedestrian Hit By Car in Parking Lot
- Midblock Pedestrian Crashes
- Driver Liability for Hitting Pedestrians Passing Out Flyers in Intersection
- Did the accident cause the pedestrian’s injury?
- If a doctor says that the pedestrian has a permanent injury, does this help the case?
- Pedestrian Hit By Car in Miami Gets $325,000 (Broken Leg)
- Pedestrian Gets $110K After Car Hits Her in Crosswalk
- Pedestrian Hit By Car While Not in Crosswalk Gets $70K
- $65K Settlement for Broken Leg After Car Hits Pedestrian (Miami Beach)
- $10K Settlement for Pedestrian Hit By Car in Miami (Humerus Fracture)
- Pedestrian Gets $10K After Car Runs Over His Foot
- Does a pedestrian who is hit while pushing a disabled car have a case?
- What Compensation Can a Pedestrian Get if Hit by an Uber or Lyft?
- Will Your Employer’s UM Coverage Apply if You’re Standing 10 Feet from the Vehicle, and You’re Hit By an Uninsured Motorist?
- I Was a Pedestrian Hit By a Car, Will My Employer’s Uninsured Motorist Insurance Cover Me?
- $527K Settlement for Each Adult Child Whose 73 year-old Mother Was Killed
- Car and Driver Had $2.1 Million in Insurance Coverage, Which Is Rare
- If a Car Hits You While You Are a Pedestrian, How Long Does it Take to Settle Your Case?
- Concussion Caused by Getting Hit a Car While I Was a Pedestrian
- Will Business Auto Insurance Cover the Owner’s Family Member if Hit While a Pedestrian?
- Pedestrian Hit and Killed by Publix Truck Has Case Dismissed
- Bicyclist Hit By Car Does Not Get Payout for Pain and Suffering
What if the driver’s insurance company says that they are denying coverage?
If a car hits you while you are a pedestrian in Florida, the driver’s insurance company may send you a letter that says that they are denying coverage. You should look at that letter and see whether they are only denying coverage under the Personal Injury Protection (PIP) section of the driver’s insurance policy.
PIP coverage is different coverage from bodily injury liability coverage.
The driver’s insurance company will deny coverage for your PIP benefits if you owned a car at the time of the accident. This is because your car insurance company is responsible for paying your PIP benefits.
However, this doesn’t mean that the driver’s insurance company is also automatically denying you bodily injury liability coverage. The driver’s insurance company can deny you PIP coverage but pay you for your claim against the driver’s bodily injury liability coverage.
I’ve had this handled many times.
Of course, you’ll have to show that the other driver did something wrong in order to get money for pain and suffering.
Let’s take a look at some of my pedestrian accident claims.
$100K Settlement for Pedestrian Hit by Car
Igor (not real name) was hit by a car in Miami, Florida. The at fault driver’s insurance company offered $100,000 to settle.
$90K Settlement for Pedestrian Hit By Car in Parking Lot
During the day in May 2019, Alice was walking in a private parking lot in Miami, Florida.
Sofia was driving a car and struck Alice.
Here is the diagram from the Florida traffic crash report:
Here is a street level view:
Progressive insured Sofia’s car.
Sofia told the 911 operator that Alice walked into her car.
Paramedics came to the scene. As you can see, Alice’s face was swollen and bruised:
Paramedics took Alice to the hospital. Additionally, she had had ankle pain.
At the hospital, a CT scan did not show any bleeding of the brain.
However, at a separate hospital, a doctor diagnosed Alice with a broken ankle.
A doctor put a cast on her ankle:
Specifically, she had a non-displaced fracture of the distal fibula.
Fortunately, she did not need surgery on her ankle. Within days of the accident, Alice got a free consultation from me. She hired me.
I sent a letter to the supermarket asking it to preserve the surveillance video:
I didn’t want the video to disappear.
United Automobile Insurance Company insured Alice’s car. The Personal Injury Protection (PIP) on her United Auto policy paid $10,000 towards her hospital and other bills.
Progressive said that Alice was partly at fault for walking in front of the car. In a parking lot, pedestrians should be on the lookout for cars. I told Progressive that the driver had a clear line of sight. In other words, Sofia should have seen Alice and not hit her.
Progressive’s first offer was for $50,000. I then negotiated hard.
Progressive increased its offer to $55,000.
Pedestrian Got Compensation in Under 6 Months from the Accident Date
In under 6 months from date that the car hit Alice, we settled the case with Progressive for $90,000. Check out Progressive’s settlement check:
Take a look at Progressive’s first offer compared to their final offer.
This is common. In a case where a pedestrian is hit by a car, Progressive’s first settlement offer is often just a fraction of what the case is worth.
Now, let’s look at how much of the settlement was for pain and suffering vs medical bills.
Here is a chart that shows it:
As you can see, 94% of the settlement was for pain and suffering. Only 6% of the payout was for medical bills.
My client had a Medicare Advantage plan that paid some of her bills. The Medicare Advantage plan demanded that I pay it back for the bills that it paid for her accident.
Since my client had a lawyer, her Medicare advantage plan had to reduce its payback claim from $624 to $408. That put an extra $216 in my client’s pocket.
The best part?
I didn’t charge my client to reduce this bill.
After my attorney’s fees, costs and paying off her outstanding medical bills, Alice gets over $54,000 in her pocket.
Take a look:
As you can see from image above, I took my attorney’s fees and costs from the total settlement before paying her medical bills and health insurance liens.
In most cases, you are required to pay back your health insurance company from your injury settlement. The most that you may need to repay them is the amount that they paid for your medical bills.
In Alice’s case, Progressive paid about 17.5 times her out of pocket medical bills and health insurance liens. In other words, the pain and suffering multiplier was close to 17.5.
Take a look:
In most cases, Progressive is cheap when it comes to offering compensation to a pedestrian who is hit by a car. Here, Progressive paid much more than its average settlement because Alice broke her ankle.
Midblock Pedestrian Crashes
A Midblock pedestrian crash is one of the most common pedestrian crashes. The image below is of a midblock pedestrian crash.
In a midblock accident, the pedestrian is hit in the road while not in an intersection. Learn about a personal injury claim if a car hits a pedestrian at a midblock (not in an intersection) in Florida.
Driver Liability for Hitting Pedestrians Passing Out Flyers in Intersection
Here are some intersection accident settlements in Florida.
Did the accident cause the pedestrian’s injury?
In order to get a payout, the pedestrian must first show that a careless driver caused his (or her) injuries. Only then is the pedestrian entitled to compensation for getting hit by a car. The at fault driver must pay the pedestrian’s “out of pocket” medical bills.
Your out of pocket medical bills are the bills (or portions thereof) that your first party coverage did not pay. This includes co-pays and patient responsibility. The most common type of first party coverage is health insurance.
You are also able to recover damages for bills that your health insurance did pay. Your health insurance may have a lien, which you may be able to negotiate.
You need to be able to show that your injuries were caused by the accident. If you had pre-existing injuries, you can show that they were aggravated by the accident.
If a doctor says that the pedestrian has a permanent injury, does this help the case?
Even if the insurance company offers your money for your pain and suffering, if you still have pain, you should ask the doctor to issue a report stating that you have a have “permanent injury.”
This may help you get money for future pain and suffering.
Pedestrian Hit By Car in Miami Gets $325,000 (Broken Leg)
A tourist was visiting Florida from Europe. While in Coconut Grove, he was putting a parking receipt on his rental car’s dashboard. As he did so, a car struck him.
He felt intense pain in his leg. Paramedics came to the scene. An ambulance took him to the hospital.
There, the x-ray showed that he had a broken leg. While in the hospital, doctors put a rod and screws in his broken leg (tibia). He wanted compensation for being hit by a car.
After he had returned to Europe, he began searching for car accident lawyer who could handle a pedestrian accident case in Miami. He saw that I offered a Free Consultation.
He completed the free consultation request form on my website. Immediately thereafter, I contacted him. I explained that he did not owe me any fees or costs if I did not get him a settlement. He was happy to hear this. He hired me.
I got him a $325,000 settlement for his injuries. 78% of the settlement was for his pain and suffering.
After my lawyer fees, costs and paying his health insurance lien, he got a check for $151,522.
The settlement was about 4.5 times the negotiated health insurance lien.
He was thrilled with the settlement.
Pedestrian Gets $110K After Car Hits Her in Crosswalk
A pedestrian was in a crosswalk in Homestead, Florida. While in the crosswalk, a car hit her. She suffered an orbital (facial bone) fracture. At the hospital, doctors performed surgery to fix her facial bone. Surprisingly, the police officer cited the pedestrian for causing the accident. Although the pedes
The pedestrian wanted compensation after getting hit by a car. Therefore, she got a Free Consultation with me to see if I could be her attorney. Imperial Casualty (RAC) insured the driver of the van with $10,000 in BIL coverage. Fortunately, we learned that Progressive insured her with $100,000 of uninsured motorist coverage. Both insurers paid the policy limits.
Thus, we reached a $110,000 settlement for the pedestrian.
Pedestrian Hit By Car While Not in Crosswalk Gets $70K
A woman was walked across the street to get a hose that was lying in the street. When walking into the street, someone driving a car hit her.
Here is the diagram from the Florida traffic crash report:
Paramedics came to the scene and took her to the hospital.
As a result of the impact, the pedestrian broke her leg bone just beneath her knee (tibial plateau).
The doctor gave her crutches and a brace:
Fortunately, she did not need surgery.
Like many pedestrians who are hit by a car, she also had back and neck pain. She had 4 bulging discs.
But her injuries did not stop there.
She also had a sacrum fracture. The sacrum is a shield-shaped bony structure that is located at the base of the lumbar vertebrae and that is connected to the pelvis.
In the image below, I’ve highlighted the location of her sacrum fracture.
I spoke with her on the phone and she hired me. I got a copy of the MRI of her neck.
As you can see below, we pointed out the herniated discs on the MRI of her neck:
And she had a herniated disc in her lower back:
I’ve heard an orthopedic doctor say that you cannot herniate more than one to two discs in an accident. Thus, it is unlikely that this accident caused all 3 herniated discs.
However, she was entitled to get compensation for an aggravation (worsening) of her pre-existing condition.
I then sent the above image to the USAA claims adjuster.
USAA’s first offer was just $30,000. Ultimately, I settled her injury case with USAA for $70,000.
Here is a comparison between USAA’s first offer and settlement:
Like most cases where a car hits a pedestrian, most of the settlement was for pain and suffering.
I estimate that about $68,057 of the $70,000 settlement was for pain and suffering.
The rest was for the out of pocket medical bills.
After my lawyer fees, costs and paying back my client’s medical bills, I gave her a check for $44,667.
The $70,000 payout was about 36 times the final out of pocket medical bills.
In other words, the pain and suffering multiplier was about 36.
$65K Settlement for Broken Leg After Car Hits Pedestrian (Miami Beach)
Doug lived in California. He came to vacation in Miami Beach, Florida.
While he was walking in a crosswalk, a car hit him.
This is the diagram from the Florida traffic crash report:
As a result of the impact, Doug landed on the car’s hood.
You can see a dent from Doug striking the hood:
Getting hit while not walking in a crosswalk is one of many factors that can reduce the value of an injury case.
Paramedics came to the scene. At the scene, the pedestrian complained of leg pain and other injuries.
At the hospital, a doctor diagnosed Doug with a broken lower leg bone (fibula fracture).
Below is an image of the fibula.
Surgery Would’ve Increased Case Value
If he would’ve had surgery, his case would’ve been worth over $100,000. I say this based on recent verdicts for surgery to a broken lower leg from an accident.
GEICO insured the careless driver.
Pursuant to Florida Statute 627.4137, I sent GEICO a letter asking for the driver’s insurance information.
GEICO responded in writing stating that the driver had a $300,000 bodily injury liability (BIL) policy.
Pedestrian Didn’t Need a Permanent Injury to Get Compensation for Pain and Suffering
Unlike most Florida car accident cases, here the pedestrian didn’t need a to meet the tort threshold to get money for pain and suffering. Thus, he didn’t need a permanent injury in order to get money for pain and suffering.
This is because he was a car hit him while he was a pedestrian visiting from another state.
When it came time to pay them from the total settlement, they had to reduce their liens by my attorney’s fees and costs. This is one reason that a Medicare beneficiary should hire an injury lawyer.
California law required Farmers Insurance to reduce its Medpay lien by my attorney’s fees and costs. Lee v. State Farm Mut. Auto. Ins. Co. (1976) 57 Cal.App.3d 458, 465-466, 129 Cal.Rptr. 271. This is one unique aspect of a case if someone from California is injured in a Florida accident.
In general, if you’re from another state and you get injured in a Florida car accident, you often have different rights. This is because you often have to deal with, at least, Florida law and the out of state law.
GEICO’s First Offer Was Only $14,780 (Wound Up Paying $65,000)
Even if you are a pedestrian who is hit by a car, expect the insurance company to make you a low offer. This is especially true if you don’t have a lawyer.
I negotiated with GEICO. We settled with GEICO for $65,000. Here is the settlement check.
This chart shows the comparison between the insurance company’s first offer and the $65,000 settlement.
Ultimately, I settled Doug’s case for $65,000.
Medicare, AARP (United Healthcare), Farmers Insurance (med pay) paid the bulk of his medical bills. Thus, he had to pay them back from the settlement.
The good news?
When it came time to pay them back from the total settlement, they all reduced their liens by my attorney’s fees and costs. That is a huge advantage to hiring a lawyer if you’re a pedestrian who is hit by a car.
After my attorney fees, costs and paying his out of pocket medical bills and liens back, Doug got $35,332 in his pocket.
Therefore, GEICO paid about $57,000 for the pain and suffering associated with his broken leg (fibula fracture).
The $65,000 settlement was about 8.1 times the pedestrian’s final out of pocket medical bills, Medpay and health insurance lien.
This is a typical settlement amount for pain and suffering for a pedestrian who breaks their lower leg if a car hits them.
If the driver had a better car insurance company, they would’ve likely paid more. For example, I think I would’ve had a bigger settlement if the driver was insured with Hartford, USAA, Nationwide, Lyft (Zurich American Insurance Company) and some others. I’ve settled cases with all of those insurers. They tend to pay better than GEICO.
$10K Settlement for Pedestrian Hit By Car in Miami (Humerus Fracture)
A pedestrian was walking in a crosswalk in Little Havana, Miami-Dade County, Florida. A driver of a car hit the pedestrian. Here is the diagram from the Florida traffic crash report:
Shortly after the accident, she began searching for attorneys. She wanted compensation for being hit by a car. At my office, I gave her a Free Consultation. She felt comfortable with my paralegal and me. She hired me and we quickly began working on her case.
Here is a photo of her with a sling for her shoulder injury.
As you can see from the photo, she has bruising on her left arm. Accident victims should take photos of any bruising of their arm. The victim can use this if the insurance company tries to argue that the claimant had the injury before the accident.
Specifically, her shoulder fracture was an impacted comminuted fracture of the humeral neck. There was displacement of the greater tuberosity.
Her finger fractures were nondisplaced transverse fractures of the proximal metaphysis of the proximal and distal phalanges of the thumb.
Who paid the pedestrian’s medical bills?
The pedestrian didn’t own a car. She didn’t live a relative who owned a car. Thus, she was able to get $10,000 in personal injury protection (PIP) insurance benefits from the insurance company of the driver who hit her.
United Auto Insurance Company insured the car that hit her. Therefore, they paid $10,000 directly to her medical providers for her medical bills. This left her owing very little in medical bills.
Additionally, United Auto Insurance Company insured the at fault driver with a $10,000 BIL insurance policy. United Auto paid us the $10,000 BIL limits to settle her personal injury claim.
The settlement check is below:
She was very happy with her portion of the settlement. After my attorney’s fees, she received almost the entire settlement. Here is a picture of her and Attorney Justin Ziegler after we gave her the settlement check:
Unfortunately, the driver wasn’t driving for Uber or Lyft that would have given him more insurance coverage. Our client didn’t own a car or live with relatives. Thus, she wasn’t entitled to uninsured motorist insurance.
Pedestrian Gets $10K After Car Runs Over His Foot
A valet driver was working in Miami Beach, Florida. While standing in the street, a car ran over his foot. The pedestrian wanted compensation for getting his foot run over. Thus, he hired me as his lawyer.
Here is a photo that I took when my client was in my office.
Allstate insured the at fault driver. Allstate’s bodily injury liability (BIL) policy limits were $10,000 per person.
The good news?
Allstate paid $10,000 to settle the pedestrian’s case. He claimed a soft tissue injury to his foot and ankle.
Does a pedestrian who is hit while pushing a disabled car have a case?
Yes, the pedestrian may have a case. Let me give you an example.
Laura is a passenger in Maria’s car in Fort Lauderdale, Florida. Maria is driving her car when it suddenly stops and won’t start again. Laura gets out of the car and begins pushing it to get it out of the way of traffic.
While doing so, another driver crashes into Laura and pins her between the cars. Laura breaks her leg and has surgery.
Laura can make a claim against the other driver’s insurance company. Hopefully, the other driver has enough bodily injury liability (BIL) coverage to pay for the value of Laura’s case.
Unfortunately, in Florida, most drivers are underinsured. They simply don’t have enough BIL coverage to pay for the value of a broken leg and surgery.
Laura may also be able to make a claim with the Maria’s uninsured motorist insurance company. That UM coverage may pay Laura’s personal injury claim if the other driver was at fault. In one case, a man was pushing a disabled motorcycle when hit by a car. The insurance company admitted that the man was entitled to UM coverage because it considered him to be “occupying” the motorcycle. Laninfa v. Prudential Property & Casualty Insurance, 656 So.2d 965 (Fla. 5th DCA 1995)
Laura will need to get a copy of the uninsured motorist (UM) policy and see how it defines the word “insured”. In addition, Laura can also make a claim if she owned a car with UM coverage. Likewise, if she lived with a relative on the date of the accident, Laura can make a claim with the relative’s UM coverage.
What Compensation Can a Pedestrian Get if Hit by an Uber or Lyft?
For the pedestrian to get compensation for pain and suffering, the Lyft or Uber driver must be at fault for causing the accident. The Lyft or Uber driver is likely at fault if he or she hit you while you were walking in a crosswalk. Your case is better if the front of the Lyft or Uber car hit you instead of you hitting the side of Lyft car.
If you are badly injured, your best case scenario is that the Lyft or Uber driver had already accepted a ride request, or had a passenger. This is because Lyft’s or Uber’s $1 million liability limit will apply.
For example, let’s say that you were lawfully walking in the crosswalk. A Uber or Lyft driver hits you. You get thrown to the street and you injure your leg. A doctor amputates your leg at the accident scene or at the hospital.
In this instance, your best case is if the Lyft or Uber driver had accepted a ride request or had a passenger. This is the pain and suffering value of your case is conservatively $500,000 to $750,000 in liberal counties like those in South Florida.
The Lyft or Uber driver is also responsible for your medical bills and lost wages. If you stay a few days at the hospital and have ankle surgery, the hospital bill can easily be over $100,000.
In Florida, in certain situations, Lyft’s or Uber’s PIP insurance coverage will pay up to $10,000 towards the bicyclist’s medial bills and lost wages. PIP coverage is in addition to the Lyft or Uber’s driver’s liability insurance coverage.
This chart shows when Lyft’s or Uber’s PIP coverage will pay a pedestrian if a Lyft or Uber driver hits him/her in Florida:
|Pedestrian’s residence||Will Lyft’s or Uber’s PIP cover the pedestrian?|
|International visitors to Florida||No|
|Visitors to Florida who live in another state||No|
|Florida residents who own a car||No|
|Florida residents who live with a relative who owns a car.||No, if the relative’s auto policy has PIP (and coverage isn’t denied).|
|Florida residents who don’t own a car and don’t live with a relative who owns a car.||Yes, if the Lyft or Uber driver had the app on but had not accepted a ride request.|
You’re best bet is to hire a Lyft or Uber accident lawyer attorney who can fight for your rights.
Will Your Employer’s UM Coverage Apply if You’re Standing 10 Feet from the Vehicle, and You’re Hit By an Uninsured Motorist?
Probably not. In State Farm. Mut. Auto. Ins. Co. v. Bailey, 203 So. 3d 995, an employee was not entitled to uninsured motorist (UM) coverage under an employer’s business automobile insurance policy because he was standing between 10 and 20 feet from the truck.
He was observing the operation of the crane by a coworker. UM insurance usually applies to employees if they are occupying the employer’s vehicle.
The court said that the employee was not “occupying” the employer’s vehicle at the time of the accident (as set forth in the policy’s State Farm’s UM endorsement).
I Was a Pedestrian Hit By a Car, Will My Employer’s Uninsured Motorist Insurance Cover Me?
Maybe. Let’s look at a case where uninsured motorist (UM) insurance didn’t cover a pedestrian.
In Zurich American Insurance Company v Cernogorsky, Fla: Dist. Court of Appeals, 3rd Dist. 2017, Mr. Cernogorsky was injured when struck by an automobile while he was walking in front of his employer’s offices on the way into the building.
The car that struck him was driven by an underinsured motorist.
He made a UM claim under his employer’s auto insurance policy with Zurich American Insurance Company.
Cernogorsky claimed that he was injured as a pedestrian while in the course and scope of his employment with his employer.
Mr. Cernogorsky sued Zurich for $1,000,000 in UM benefits. The court said that Mr. Cernogorsky couldn’t get compensation under Zurich’s insurance policy because he was not:
- Not a named insured under Zurich’s policy nor a resident family member of an insured; or
- Driving or occupying any vehicle
Cernogorsky could still make a claim for the uninsured motorist (UM) insurance policy limits ($10,000) of his own insurance.
$527K Settlement for Each Adult Child Whose 73 year-old Mother Was Killed
This isn’t my case. On May 12, 2011, Guadalupe Carrizales was crossing Judge Winikoff Road near State Road 7 west of Boca Raton, Palm Beach County, Florida.
She was taking a morning walk. A 19 year-old drunk driver struck her.
He allegedly left the accident scene without helping the pedestrian. The pedestrian died. She was survived by four (4) adult children.
GEICO insured the driver.
On May 27, the pedestrian’s son, Manuel, as personal representative of the estate, sued the driver and the owner of the car.
Claims were also made against the owner of the car, David Hanzelik, since he owned the car that the Falzini was driving. In Florida, the a car owner is responsible up to $100,000 (in most cases) for injury for the at-fault driver’s carelessness.
In addition, he sued the owner under the theory that he shouldn’t have let Falzini drive, since he was allegedly drunk.
The adult children claimed that the defendant driver was driving fast and hit their mother. She was allegedly struck by the speeding Infiniti G35 car with such force that she was dismembered.
The driver allegedly left the scene.
The driver was allegedly found at his home, which was many miles from where the accident happened.
The personal representative (PR) claimed that there was proof that the owner of the car was with the driver before the crash and the owner knew that the driver was drunk before he gave him permission to driver his car.
Toxicology reports allegedly showed that the driver’s blood alcohol level was above the legal amount.
Car and Driver Had $2.1 Million in Insurance Coverage, Which Is Rare
Allstate initially denied coverage on the umbrella policy. That means that they didn’t offer any money from the umbrella coverage.
However, Allstate and GEICO paid the full amount of the policies to settle.
The total settlement against the driver and the car owner was for $2,110,000.
Every wrongful death accident is tragic. No amount of money will compensate the adult children for the loss of their mother. However, the adult children were fortunate that the car owner had such a big insurance coverage. Most individuals in Florida do not carry anywhere close to $2.1 million in liability coverage.
The date of the settlement against the driver who caused the accident was on was 8/5/11. The settlement with the car owner was around that time. Allstate and GEICO allegedly paid on the day the settlement was reached.
They settled before trial. The personal representative continued the lawsuit against the hotel and bar for allegedly serving the minor driver.
I am not sure how much the medical bills. I assume that they were very minimal (a few hundred dollars at most for the ambulance bill) as the mother died at the accident scene.
The case is Manuel Carrizales, as Personal Representative of the Estate of Guadalupe Carrizales v Ronald Falzini and David Hanzelik, 2K Clevelander d/b/a The Clevelander, and Miller’s Alehouse, Inc. d/b/a Boca Alehouse. Case No. 502011 CA 007910 XXXXMB.
If a Car Hits You While You Are a Pedestrian, How Long Does it Take to Settle Your Case?
Like most accident related questions, it depends. However, there are some general rules than help answer this question.
The bigger the pedestrian’s injuries, and the lower the combined available liability insurance limits, the faster the settlement.
Let me give you an example:
A pedestrian is in a crosswalk crossing a the street in Fort Lauderdale, Florida. A car hits him. The car has a $20,000 bodily injury liability (BIL) insurance policy with GEICO. The pedestrian has a broken arm, broken ribs and road rash all over his body. At the hospital, a doctors performs surgery to fix his arm.
If the driver of the car doesn’t have any additional insurance, GEICO should quickly pay the pedestrian the $20,000 BIL limits.
Because the value of the case is clearly over $100,000. And the driver’s BIL coverage limits are only $20,000.
I’ll even go a step further.
In Florida, even if the pedestrian was hit while he was not in the crosswalk, GEICO should pay the $20,000 limits. This is because the pedestrian’s case is (even at a 75% reduced value) worth more than the $20,000 limits.
In this example, I used a broken arm as the main injury. However, the result should be the same if the injury was (surgery to fix) a broken leg, hip, ankle and many other body parts.
Check out my personal injury settlements and you’ll see that many of my cases settled the quickest when the injury was serious and the insurance limits were low.
Concussion Caused by Getting Hit a Car While I Was a Pedestrian
How much is a case worth if a car hits you (while you are a pedestrian) and you get a concussion?
First, you’ll have to see if the driver is at fault. If the driver couldn’t see you because it was dark and you had a dark clothing (and weren’t at a crosswalk), you likely have a tough liability case. You’ll have to reduce the value of your case accordingly.
Second, the value of your concussion depends on its severity. If your concussion caused you to miss work and/or treat with a neurologist, this adds value to your case. All things equal, the worse your symptoms (e.g. headaches, dizziness, blurred vision, etc.), the higher the value of the case.
Also, if you were still unconscious when paramedics arrived at the accident scene, this adds value as well. The longer that you were unconscious due to a concussion, the greater the full value of the case.
Will Business Auto Insurance Cover the Owner’s Family Member if Hit While a Pedestrian?
No, unless the definition (in the policy) says that “insured” includes “a family member” of the owner of the insured commercial vehicle. Sterling v. Ohio Cas. Ins. Co., 936 So. 2d 43 – Fla: Dist. Court of Appeals, 2nd Dist. 2006
Ohio Casualty Insurance Company sold a business automobile insurance policy issued to “James D. Sterling, d/b/a J.D.’s Backhoe Service”. It included UM coverage.
Sterlings’ minor son was a pedestrian who was struck by a underinsured motorist. Ohio Casualty’s policy didn’t use a definition of “insured” that included a family member of the named insured.
The court said that a business automobile insurance policy issued in Florida insuring exclusively business or commercial vehicles doesn’t have to use a definition of “insured” that would provide uninsured or underinsured motorist coverage to a family member of the owner of the insured commercial vehicle when the family member is struck as a pedestrian.
Ohio Casualty is a Liberty Mutual Company.
Pedestrian Hit and Killed by Publix Truck Has Case Dismissed
In the above, video I talk about why a Florida court dismissed a pedestrian’s case. A Publix truck hit him while he was crossing I-75 wearing dark clothing, at 3 a.m. Sadly, the pedestrian died from his injuries.
Bicyclist Hit By Car Does Not Get Payout for Pain and Suffering
No case is a slam dunk. Not even if you’re riding a bike in the crosswalk and a car hits you.
This is not my case. The bicyclist, Dowd, was riding his bicycle perpendicular, from left to right, to the motor vehicle operator, Fralin. Fralin claimed that after stopping for a red light, he did not see the bicyclist approach.
Fralin said that there was no obstruction to his visibility to his left. The bicycle and the vehicle collided. Dowd was clearly injured from the collision. Rescue responded.
Occipital hematoma is a collection of blood in the occipital region (at the back of the head). An occipital hematoma may be either subdural or epidural.
GEICO contested Dowd’s claimed concussion syndrome brain injury with memory loss with expert testimony.
As to the multiple orthopedic fractures, it was un-controverted, un-refuted, and agreed by GEICO that the fractures were caused by the accident.
The jury found both Dowd and Fralin each 50% negligent.
You might be wondering:
How does the fact that the pedestrian was 50% at fault affect his case?
Since the driver was 50% at fault, the pedestrian only gets compensated for 50% of his injuries.
In addition, the jury awarded Dowd $110,000 in past medical expenses. Although he was awarded $110,000, because he was 50% at fault, he only gets half of the medical bills that he incurred.
It gets worse for the pedestrian.
The jury awarded no future medical expenses, no past or future loss of earnings or earning ability.
The verdict form stated that the jury was to skip questions 6 and 7 (past and future pain and suffering), unless they found a permanent injury.
However, the jury answered questions 6a. and 6b.
The bad news for the pedestrian?
The jury awarded zero damages for pain and suffering.
Did someone cause your injury in a Florida car crash or other type of accident?
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