Pedestrians often face serious risks while walking on sidewalks along busy city streets or rural roadways. If you’ve been injured as a pedestrian, it is important to understand your legal rights and options in order to protect your interests and seek fair compensation.
Common Causes of Pedestrian Accidents in Alabama
Multiple factors can lead to pedestrian accidents, which frequently originate from driver negligence or dangerous road situations. Distracted drivers tend to cause accidents because they text or use their phones while operating their vehicles instead of paying attention to the road ahead. Excessive speed is also a significant factor because it typically diminishes driver response time and leads to more serious pedestrian collisions.
Drivers also cause pedestrian injuries by failing to yield the right of way at crosswalks and intersections. Additionally, the probability of accidents dramatically rises when drivers operate vehicles after consuming alcohol or drugs. Adverse weather conditions and nighttime driving both reduce visibility, thus making it harder for drivers to see pedestrians and increasing the chance of collisions. The absence of crosswalks and sidewalks, along with inadequate lighting, leads to dangerous circumstances for pedestrians.
Injuries Common in Pedestrian Accidents
The absence of safety features for pedestrians makes them susceptible to serious harm when they get into accidents. The most severe results from pedestrian vs. car accidents include traumatic brain injuries, particularly because high-impact collisions often lead to substantial head damage. Additionally, many pedestrians suffer spinal cord injuries, which may cause paralysis or long-lasting pain.
Pedestrians also typically sustain broken bones and fractures in their legs, arms, and ribs when they endure the entire force of an impact. That said, the damage to vital organs within the internal injuries sustained usually needs prompt medical attention followed by extended care. Keep in mind that minor injuries such as cuts and scrapes might still result in infections or lasting scars.
Unfortunately, survivors of accidents suffer emotional trauma, which can manifest as anxiety and PTSD together with their physical injuries.
Alabama Pedestrian Laws
Alabama enforces specific laws governing pedestrian behavior and motorist responsibilities to ensure safety and accountability. Pedestrians generally have the right of way in marked crosswalks and at intersections when traffic signals permit. However, they are required to use sidewalks where available. If no sidewalk exists, pedestrians must walk on the shoulder or as far to the side of the road as possible.
Crossing the street outside of a crosswalk or against traffic signals, commonly referred to as jaywalking, is prohibited and can impact a pedestrian’s liability in an accident. Both drivers and pedestrians share a duty of care to exercise reasonable caution and avoid accidents. Understanding and adhering to these laws can play a critical role in determining fault and liability in pedestrian accident cases.
Steps to Take After a Pedestrian Accident
The steps you take right after a pedestrian accident influence both your medical outcome and your legal standing.
First and foremost, seek medical attention. Even if your injuries seem minor, you should receive a healthcare evaluation because hidden or delayed issues may exist.
Your next step should be to contact the police so they can file an official report of the accident. A police report functions as official documentation of the accident, which might serve as evidence in future proceedings. While at the scene, make sure to collect as much evidence as possible. Photograph your injuries and the vehicles involved. Also, be sure to obtain contact details from individuals who witnessed the event and can confirm your version of what happened.
NOTE: You should always refrain from discussing fault at the accident scene or making any comments that could later be used against you. Inform your insurance company about the accident, but avoid giving detailed statements until you speak with an attorney. With guidance from a seasoned pedestrian accident lawyer, you can navigate legal proceedings while protecting your rights and securing appropriate compensation.
Determining Liability in Alabama Pedestrian Accidents
Alabama’s contributory negligence rule can have a significant impact on pedestrian accident cases. This strict standard means that if you are found even 1% at fault for the accident, you may be barred from recovering any compensation. For instance, jaywalking or failing to follow traffic signals could jeopardize your claim, even if the driver was primarily at fault.
To establish liability, it is necessary to demonstrate that the driver owed you a duty of care, breached that duty through negligent actions, and that this breach directly caused your injuries. Gathering evidence, such as traffic camera footage, witness statements, and accident reconstruction reports is critical for building a strong case.
Compensation Available to Victims
Several types of compensation may be available to those who experience pedestrian accidents. Medical costs related to emergency procedures, hospital admissions, surgery, and rehabilitation services frequently represent the biggest portion of a claim. Injured individuals can also seek compensation for lost wages when their injuries make working impossible. Those who experience long-term or permanent injuries could receive compensation for future medical costs and diminished earning potential.
Undoubtedly, the physical and emotional distress caused by the accident can lead to pain and suffering — another major part of the compensation. The claim might also include property damage compensation for items like clothing that were damaged during the event. You should be aware that courts can award punitive damages in cases where extreme negligence or intentional harm occurred to penalize wrongdoers and prevent future misconduct.
How a Pedestrian Accident Attorney Can Help
The process following a pedestrian accident becomes especially overwhelming when victims must deal with serious injuries and insurance company negotiations. Given their experience, pedestrian accident attorneys can evaluate your case details, assess who is at fault, and calculate the value of your claim. As they pursue justice on your behalf, your attorney will gather essential evidence, such as medical records, along with police reports and witness testimonies.
Insurance companies frequently aim to reduce claims to pennies on the dollar, but a knowledgeable attorney will represent your interests to secure just compensation for you. Should settlement negotiations fail, your lawyer still has the option to take your case to trial to protect your rights. Regardless of the legal tactics used, your attorney will be sure to adhere to Alabama’s two-year statute of limitations for personal injury cases.
Preventing Pedestrian Accidents
While drivers and pedestrians share responsibility for road safety, there are steps pedestrians can take to reduce their risk. Consider this:
- Stay visible by wearing bright or reflective clothing, especially at night. This can help drivers see you.
- Follow traffic laws, such as using crosswalks and obeying pedestrian signals. This is essential to keeping everyone as safe as possible.
- Avoid distractions, such as using your phone or headphones, while crossing the street, and exercise caution at intersections by making eye contact with drivers to ensure they see you.
By taking these precautions, you can reduce your risk of being involved in an accident.
Choosing the Right Attorney for Your Case
Selecting the right attorney is critical for maximizing your compensation and ensuring a smooth legal process. Look for a lawyer with extensive experience in personal injury and pedestrian accident cases. Reading client reviews and testimonials can provide insight into the attorney’s reputation and client satisfaction. Choose an attorney who communicates effectively, answers your questions, and keeps you informed throughout the process. Most personal injury attorneys work on a contingency fee basis, meaning you only pay if you win your case.
Our Birmingham Pedestrian Accident Attorney is Here to Help
Pedestrian accidents can lead to severe physical, emotional, and financial challenges. Understanding your legal rights and options is crucial for seeking justice and fair compensation. Contact a skilled pedestrian accident attorney today to protect your rights and start your path to recovery.