While crossing the street at a crosswalk shouldn’t be dangerous, the unfortunate reality is that many drivers aren’t as careful as they should be. Drivers often make careless and reckless mistakes, and aggressive drivers’ bad decisions can leave pedestrians helpless to protect themselves. If you got hit in a crosswalk in Alabama, find out what you need to know from an experienced Birmingham pedestrian accident attorney:

Your Rights As a Pedestrian in a Crosswalk in Alabama

Your rights after a pedestrian accident in a crosswalk in Alabama depend on whether you had the right-of-way at the time of the collision. If you had the right-of-way, then you are entitled to just compensation for your injury-related losses. On the other hand, if you did not have the right-of-way, then you might not have a claim to pursue.

So, when do you have the right-of-way as a pedestrian? This is addressed in Section 32-5A-211 of the Alabama Code. Specifically, subsection 32-5A-211(a) states:

“When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way . . . to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.”

Additionally, subsection 32-5A-211(d) states:

“Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.”

While Section 32-5A-211 does not address cases involving crosswalks controlled by traffic signals, the law is clear that pedestrians who have a “Walk” light have the right-of-way as well. With this in mind, pedestrians can generally pursue claims for just compensation in the following scenarios:

  • You Got Hit in a Crosswalk When You Had a “Walk” Light – If you had a “Walk” light and got hit by a driver who either ran a red light or turned without checking for pedestrians, there is a strong chance that you have a claim.
  • You Got Hit in a Crosswalk When You Had Entered the Crosswalk Safely – If you got hit in a crosswalk at an intersection without traffic signals, you should be able to file a claim as long as you had entered the crosswalk safely.
  • You Got Hit By a Driver Trying To Pass a Driver Who Had Stopped for You – If you got hit by a driver who was trying to pass a driver who had stopped to allow you to cross, there is a strong chance that you will have a claim in this scenario as well.

When wouldn’t you have a claim for a pedestrian accident in a crosswalk? Generally, you wouldn’t have a claim if you didn’t have the right-of-way at the time of the collision. For example, subsection 32-5A-211(b) states that, “[n]o pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.” In other words, being in a crosswalk does not necessarily give you the right-of-way. But, in general, if you were doing your best to stay safe and a driver put you in harm’s way unnecessarily, it will be worth talking to a Birmingham pedestrian accident attorney about your legal rights.

Common Grounds for Filing a Claim After a Pedestrian Accident in a Crosswalk

Despite the serious risks involved, drivers frequently make poor decisions that put pedestrians at risk. Unfortunately, it only takes one split-second decision to have a lifetime of consequences. Some examples of common grounds for filing a claim after a pedestrian accident in a crosswalk include:

  • Aggressive Driving – Drivers who intentionally attempt to narrowly miss pedestrians should absolutely be held accountable for the consequences of their poor decision-making. This type of aggressive driving is alarmingly common, and aggressive drivers often aren’t as in control as they think they are.
  • Careless Driving – Even if a driver was simply being careless, this is still enough to establish a claim for liability. For example, if you had the right-of-way and a driver turned into you without checking for pedestrians, you can (and should) seek to hold the driver accountable.
  • Distracted Driving – Distracted driving is an extremely common factor in pedestrian accidents at crosswalks. Whether a driver is texting, scrolling social media, talking on the phone, or following GPS directions, if the driver is distracted from the task at hand, the driver can (and should) be held accountable in this scenario as well.
  • Impaired Driving – Alcohol, drugs, and fatigue can all impair drivers’ decision-making behind the wheel. They can also impair drivers’ ability to identify potential hazards (i.e., pedestrians) and stop in time to avoid a collision.
  • Reckless Driving – Running red lights (including speeding up to “beat” a yellow light) and other forms of reckless driving are also common causes of pedestrian accidents in crosswalks. Here too, if a driver’s poor decision-making is responsible for your injuries, you have clear legal rights under Alabama law.

Again, these are just examples. Ultimately, if you were in a crosswalk with the right-of-way, it doesn’t matter what the driver did wrong. If the driver was at fault for any reason, you can (and should) seek to hold the driver fully accountable for your injury-related losses.

Discuss Your Legal Rights with a Birmingham Pedestrian Accident Lawyer for Free

If you need to know more about filing a claim for a pedestrian accident at a crosswalk in Alabama, we invite you to get in touch. We have extensive experience representing accident victims and their families, and we handle all pedestrian accident cases at no out-of-pocket cost to our clients. For a free, no-obligation consultation, call 205-855-2745 or tell us how we can get in touch online today.