How Long Does It Take to Settle a Pedestrian Accident in California?

A pedestrian accident can turn your life upside down in a matter of seconds, with medical treatment, emotional trauma, and mounting expenses all occurring at once. In California, the time it takes to resolve a pedestrian injury claim varies widely, often depending on how serious the injuries are, whether the fault is contested, and how cooperative the insurance companies are, leaving many to wonder, “How long does it take to settle a pedestrian accident in California?”

How Long Does It Take to Settle a Pedestrian Accident?

For minor injuries like bruises or small fractures, a settlement might wrap up in just a few months. However, more severe cases, especially those involving traumatic brain injuries, spinal damage, bedsore injury, or long-term rehabilitation, can take a year or longer to settle properly. Insurance companies may delay or dispute claims, pushing them into negotiations or court proceedings.

Since California allows shared fault, proving who was responsible can be a drawn-out process requiring evidence like police reports, medical records, and witness statements.

If the insurance adjuster refuses a fair offer, your case may enter litigation. Once a claim is filed, you enter a slower phase that includes discovery, depositions, professional analysis, and possibly trial. California courts often deal with heavy backlogs and require mandatory mediation or settlement conferences before trial can begin.

Serious accidents involving vulnerable parties, like pedestrian and cyclist crashes, are rising nationwide and remain a constant problem in California. In 2022, 7,522 pedestrians were killed in traffic accidents. In that same year, 67,336 were injured. This averaged out to be one pedestrian killed every 70 minutes and one injured every eight minutes.

What Affects the Timeline?

Most pedestrian accident settlements can take months or years to settle. The exact amount of time varies for each individual situation and depends on the circumstances surrounding the incident. Some of the most common factors that influence the timeline include the following:

• Injuries: This includes the extent and type of injuries. Claims involving minor injuries typically take less time to resolve. However, if there are extensive or major injuries, such as traumatic brain injuries, claims will likely take longer as injuries need more time to both assess and heal.
• Contested liability: In pedestrian cases, drivers may claim the walker was at fault or partially at fault (such as claiming they were jaywalking). California’s pure comparative negligence rule allows the fault to be shared, where your settlement can be reduced by your percentage of the blame. Sorting out fault can involve witness statements, police reports, and sometimes accident reconstruction professionals.
• Insurance roadblocks: After filing a claim, it is not uncommon to experience delays from insurance companies. They may also dispute the value of your injuries. Resolving this typically requires communication and negotiation between the insurer and your attorney.
• Going to court: Many cases settle out of court. This is usually quicker than seeking litigation. However, sometimes, an agreement cannot be reached, and litigation is the only option once all other options have failed to produce a favorable result. After that, the case must navigate discovery, depositions, motion practice, and trial, if needed. This can significantly extend your timeline.
• Court schedule: Some courts have a significant backlog, which can extend the period for your settlement timeline. Some courts require alternative dispute resolution (ADR) or mediation before scheduling a trial, which adds more time but offers a real chance for fast resolution.

About Us

At Belgum, Fry & Van Allen, we’ve spent over 25 years advocating for injured clients throughout Southern California, with a strong focus on pedestrian, auto, and serious injury cases. Our firm is known for honest, client-focused representation, and we have a proven track record of positive results for our clients.

With deep roots in the Inland Empire and Los Angeles County, we’re highly familiar with the local legal landscape, and we frequently handle matters through the Pomona Courthouse and Rancho Cucamonga Superior Court.

Our attorneys understand how local judges and insurers approach personal injury litigation, and we use that insight to your advantage. Whether your case is resolved through settlement or trial, we’re here to guide you with skill, clarity, and integrity every step of the way.

FAQs

Q: How Long Does It Take to Settle a Pedestrian Accident?

A: The time it takes to settle a pedestrian accident depends on several factors. These include the severity of injuries, who was clearly at fault, and how cooperative the insurance companies are. Simple cases may resolve quickly, while more complex ones can take longer, especially if the case goes to court. An attorney can help you navigate this process effectively and efficiently.

Q: What Happens if You Hit a Pedestrian in California?

A: If you hit a pedestrian in California, the police may investigate the accident. If you clearly contributed fault to the accident, such as by failing to yield or driving while intoxicated, you may be subjected to both civil and criminal penalties. Even if you are only partially at fault, you may still face penalties, as drivers are expected to drive with care near pedestrians.

Q: How Long Does It Take to Get a Settlement Check After You Settle?

A: The time it takes to get a settlement check after you settle is usually relatively short. This check is usually issued by the insurance company, so it is recommended that you contact the specific company for an accurate timeline. However, be mindful that delays are possible. An attorney can help speed up the process, especially if there are any tasks to complete on your end.

Q: What Happens if You Hit a Pedestrian and They Walk Away?

A: If you hit a pedestrian and they walk away, you should still report the accident. A pedestrian could seek medical attention later, especially if they experienced delayed physical symptoms. In this case, they could file a claim, and you do not want to appear as if the accident was a hit-and-run. Document everything and inform your insurance provider to avoid unnecessary difficulties later.

Contact Belgum, Fry & Van Allen Today

If you’ve been injured while walking in Southern California, contact Belgum, Fry & Van Allen today for a consultation. We can assess your case, explain what to expect, and begin working on your behalf. This way, you can focus on healing while we handle the legal side of things.