How long does it take to settle a pedestrian accident?

Being struck by a vehicle while walking in New Mexico can turn life upside down in seconds. Medical bills start piling up, work gets missed, and the uncertainty around legal options only adds to the stress. For many injured pedestrians, the question that comes up first is How long does it take to settle a pedestrian accident? At Parnall Law, we hear this all the time—and the truth is, there’s no one-size-fits-all answer. Settlement timelines depend on a range of factors, including the severity of injuries, the speed of recovery, and how cooperative the insurance company is. Still, there’s one thing every injured pedestrian deserves: an attorney who moves quickly, builds a strong case, and doesn’t back down when insurance companies try to stall. That’s where we come in.

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Pedestrian timeline process

Every pedestrian accident case follows a general process, but the timeline can vary from a few months to over a year. Here’s what typically happens after an accident:

• Immediate Medical Attention: Seeking medical care is critical not only for health but also for documentation. Even minor symptoms can turn serious, and early records establish a timeline of injury and treatment.
• Filing a Police Report: A police report becomes a key piece of evidence. It captures details like location, witness names, and initial statements from everyone involved, strengthening the overall claim.
• Investigation and Evidence Collection: This involves gathering surveillance footage, photographs of the scene, contact information of eyewitnesses, and any available vehicle or injury documentation.
• Insurance Notification: Both the at-fault driver’s insurance and potentially your own need to be notified. Early communication sets the stage for negotiations and ensures coverage is triggered.
• Demand Letter and Negotiation: After treatment stabilizes, your attorney drafts a demand package detailing damages, liability, and evidence. Negotiations often begin once insurers review the demand.
• Settlement or Lawsuit: If negotiations stall or offers are unfair, filing a lawsuit may be necessary. While this can take more time, it may result in significantly greater compensation.

Each step takes time. For example, medical treatment and recovery alone might take several months, especially for serious injuries like fractures, head trauma, or spinal damage.

Which factors can affect the length of the case?

Several key elements determine how quickly your case can be resolved.

Nature and Severity of Injuries

The more serious your injuries, the longer the case may take. That’s because you must reach a point of “maximum medical improvement” before your damages can be accurately calculated. According to the American Judicial System Blog, the law aims to “make you whole.” If you’ve suffered life-altering trauma, your compensation needs to reflect that. Medical documentation becomes a crucial piece of the puzzle.

Medical Costs

High medical bills often indicate a need for a longer evaluation period. These expenses must be fully understood—including projected future costs. That means ongoing treatment, surgeries, or rehab must be accounted for before settling. Meticulous recordkeeping helps expedite this process.

Loss of Income

If you’ve missed work or can’t return to your job, your financial loss must be included in the settlement. This involves:

• Your current and past income records
• Future earnings calculations
• Lost career advancement opportunities

Calculating this takes time and often requires expert analysis.

Liability Disputes

When the other party denies fault or disputes the accident facts, it slows everything down. Your legal team must build a strong case using witness statements, accident reconstructions, and police reports.

Insurance Company Response

Some insurers act in bad faith—delaying, denying, or undervaluing claims. Others may respond promptly but make lowball offers. In both cases, your attorney may need to push harder, sometimes heading to court.

Court Scheduling

When a pedestrian accident case proceeds to litigation, court scheduling often slows everything down. Civil courts across New Mexico—especially in high-volume areas like Bernalillo County—face substantial backlogs that can delay trial dates for several months.

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How long will it take to settle my pedestrian case?

Most pedestrian cases settle in 6 to 18 months, but that timeline depends on whether you recover quickly, the insurance company’s cooperation, and whether fault is clearly established. Some cases wrap up in a few months when injuries are minor and liability is clear. Others take longer due to medical treatment or legal disputes.

Here’s a breakdown:

• 3–6 months: Minor injuries, quick recovery, no liability disputes.
• 6–12 months: Moderate injuries requiring extended care.
• 12–18+ months: Major injuries, surgery, long recovery, or disputed liability.

Some tips that may help speed up your case:

• Keep all medical appointments and follow-ups—gaps in care can reduce your settlement and slow the timeline.
• Organize your documents—receipts, prescriptions, and missed work logs.
• Avoid posting about your accident on social media—insurance adjusters may monitor your activity.
• Hire an experienced pedestrian accident attorney early—they can start the negotiation process while you recover.

Do I need a police report for a pedestrian accident?

Yes, you should always file a police report. Not only is it required in most New Mexico pedestrian crashes, but it also strengthens your claim.

According to the New Mexico Department of Transportation, crashes resulting in injury, death, or property damage over $500 must be recorded and entered into the statewide crash database. This report includes critical information like driver statements, road conditions, and witness details.

Without a report, it’s much harder to prove fault. Insurance companies may challenge your version of events, and evidence could go missing. Filing a report ensures your side is documented—and helps us build a stronger case.

Talk to a pedestrian accident lawyer who fights to get results

At Parnall Law, we know what’s at stake after a pedestrian crash. Lost income, medical bills, long recoveries—it adds up fast. We’ll do everything possible to move your case forward without delays, and we won’t let insurance companies play games with your future.

Want answers about your settlement timeline? Call us today at (505) 268-6500 to speak directly with a New Mexico pedestrian accident attorney. Let’s talk about what your case is worth and how soon we can help you recover the compensation you need to move forward.