As a general rule, pedestrians have the same legal rights as other car accident victims in Alabama. This means that pedestrians have the right to hold at-fault drivers fully accountable for their accident-related losses (i.e., medical bills, lost wages, and pain and suffering), and injured pedestrians can hire a Birmingham pedestrian accident attorney to help with their insurance claims at no out-of-pocket cost.
Drivers in Alabama have a legal duty to avoid causing injuries to others. This includes driving safely to avoid injuring pedestrians. Yet pedestrian accidents remain common, and many accident victims need an experienced Birmingham pedestrian accident attorney.
If you have been injured in a pedestrian accident in Alabama, you have clear legal rights. Most importantly, you have the right to hold the at-fault driver accountable. In most cases, this will involve filing a claim under the at-fault driver’s auto insurance policy. Auto insurance covers pedestrian accidents, and injured pedestrians have the right to seek just compensation for all of their financial and non-financial losses.
Understanding Your Legal Rights as an Injured Pedestrian in Alabama
Even though collisions between vehicles and collisions with pedestrians are very different on their surface, underneath they involve the same legal issues. This means that injured pedestrians fundamentally have the same legal rights as all other car accident victims in Alabama. As an injured pedestrian, your rights under Alabama law include:
1. The Right to Seek Full Compensation
You have the right to seek proper compensation for the consequences of the accident. This includes compensation for your medical bills, lost earnings, physical pain and suffering, emotional trauma, and other financial and non-financial losses.
2. The Right to File an Insurance Claim
You have the right to file an insurance claim. If the driver who hit you has auto insurance, you can file a claim with their insurer. If the driver who hit you does not have insurance (even though auto insurance is required in Alabama), you may be able to file a claim with your insurer, provided that you have applicable coverage.
3. The Right to Gather the Evidence Needed to Prove Your Legal Rights
You have the right to gather the evidence you need to prove your legal rights. In addition to conducting an on-scene investigation (which you should promptly hire an attorney to conduct), this may involve gathering evidence from other sources.
4. The Right to Have Your Insurance Claim Handled in Good Faith
When dealing with the insurance companies, you have the right to have your insurance claim handled in good faith. However, this does not mean that the insurance companies need to help you with your claim or help you understand how much you deserve to recover.
5. The Right to Experienced Legal Representation
Finally, you have the right to hire an experienced attorney to represent you throughout the process. From gathering evidence of liability to negotiating with insurance companies, every aspect of seeking just compensation after a pedestrian accident in Alabama requires experienced legal representation.
Common Insurance Defense Tactics in Alabama Pedestrian Accident Cases
Even though pedestrian accident victims in Alabama have clear legal rights, this does not mean that filing a successful insurance claim is easy. In fact, recovering the financial compensation you deserve after a pedestrian accident is extremely challenging. The insurance companies use a variety of tactics to avoid paying for pedestrian accident victims’ losses, including (but not limited to):
- Accusing Pedestrians of Sharing Responsibility for Their Injuries – In Alabama, being partially at fault in an accident is a complete bar to financial recovery.
- Adding Unnecessary Steps to the Process and Delaying Settlement Negotiations – Insurance companies know that the longer it takes to settle, the more likely accident victims are to give up on their claims.
- Offering Settlements Well Below What Accident Victims Deserve – Lowball settlement offers are common, and the insurance companies rely on tempting accident victims to settle before they know how much they are entitled to recover.
What to Do if You Were Injured in a Pedestrian Accident in Alabama
With all of this in mind, if you were injured in a pedestrian accident in Alabama, there are some important steps you should take promptly. These steps include:
- Prioritize Your Medical Care – First and foremost, you should prioritize your medical care. If you take care of your health, it will help you pursue your claim for just compensation.
- Prioritize Your Legal Representation – To protect your legal rights, you should speak with an experienced attorney as soon as possible. An experienced attorney will be able to explain what you need to know and take appropriate legal action on your behalf.
- Prepare to Be Patient – As you move forward, you should be prepared to be patient. The costs associated with traumatic injuries can be substantial, and you do not want to settle too soon.
FAQs: Filing a Pedestrian Accident Claim in Birmingham, AL
Can I file an auto insurance claim after a pedestrian accident in Alabama?
Yes, if you were injured in a pedestrian accident that was the driver’s fault, you have the right to file an auto insurance claim in Alabama.
What if I was partially at fault in the accident?
If you were partially at fault in your pedestrian accident, this could have a major impact on your legal rights. Before you make any assumptions, you should consult with an attorney.
Do attorneys handle pedestrian accident cases on contingency?
Yes, attorneys handle pedestrian accident cases on a contingency basis. As a result, you should not have to pay anything out-of-pocket for your legal representation.
Discuss Your Legal Rights with a Birmingham Pedestrian Accident Attorney for Free
If you were seriously injured in a pedestrian accident in Alabama, we encourage you to contact us promptly for more information. To discuss your legal rights with an experienced Birmingham pedestrian accident attorney as soon as possible, call 205-855-2745 or request a free consultation online today.