When a car hits a pedestrian, the pedestrian often suffers severe injuries. As a result, medical bills quickly pile up, and the victim may be out of work for an extended period. This can cause significant financial stress on top of the burden of recovering from injury.
If you suffered injuries, the Morris Bart law firm’s pedestrian accident lawyers in Birmingham could take on your legal case while you focus on getting better. Best of all, you’ll only pay us if your suit is successful. So, call (205) 380-4158 today for a free evaluation of your case with a member of our legal team.
Causes of Pedestrian Accidents in Birmingham
There are many reasons why a driver may fail to see a pedestrian or otherwise make a careless or reckless mistake and hit someone. These could include:
- Failure to take precautions entering or exiting a parking lot or driveway
- Failure to obey traffic signals
- Not using appropriate care driving through a crosswalk
- Distracted driving, such as looking at a phone or texting
- Driving carelessly in poor weather conditions
- Driving under the influence of drugs or alcohol
In the eyes of the court, these actions may be seen as negligent behaviors. In many pedestrian accident cases, negligence laws allow us to hold a driver liable and recover compensation.
For a free legal consultation with a Pedestrian Accident lawyer serving Birmingham, call 800-537-8185
Establishing Liability After Your Accident
In many cases, when a vehicle hits a person traveling on foot, the driver will be at least partially liable for the pedestrian’s injuries. For example, if you were a victim of a pedestrian accident, you would need to show the following to establish the driver’s liability:
- The driver was responsible for keeping you safe: Anyone operating a motor vehicle is expected to follow specific rules or best practices to keep you safe. For example, they must obey traffic laws and slow down if they know a pedestrian is nearby.
- The driver failed to uphold that responsibility: If the driver was speeding or failed to yield to a pedestrian in a crosswalk, you can make a case that they did not maintain their duty of care.
- The driver’s failure to act with reasonable care led to the accident: To prove this, you will have to make the case that the accident would not have occurred if the driver had taken basic precautions.
- You sustained physical injuries and financial losses: You will need to demonstrate how the accident injured you physically, emotionally, and financially.
A Birmingham pedestrian accident attorney can navigate this legal process on your behalf when you sign on for representation. Call our office for a free case evaluation and initial consultation.
Birmingham Pedestrian Accident Lawyer Near Me 800-537-8185
What Are My Responsibilities as a Pedestrian in Birmingham?
Although the driver is often responsible for a pedestrian accident, Alabama law stipulates that a person walking, running, or standing alongside traffic has specific responsibilities.
For example, as a pedestrian in Birmingham, you must:
- Not jaywalk: Jaywalking is the illegal action of crossing the street where there is no crosswalk and without regard for traffic.
- Obey traffic signals: If there are crossing signals or stop lights at an intersection, you must pay attention to them and only cross when it is safe to do so.
- Yield to motor vehicles outside of crosswalks: Pedestrians do not always have the right-of-way on Alabama roadways. If you are crossing the road where there is no crosswalk, you should yield to oncoming traffic.
- Not cross an intersection diagonally: It is against the law in our state to cross diagonally through an intersection unless a law enforcement official directs you to do so or there is a diagonal crosswalk.
- Use the sidewalk: You must remain on the sidewalk, if one is available, anytime you are walking or jogging along the road.
- Stay as far off the road as possible: When there is no sidewalk, the law requires you to walk on the shoulder as far from the road as you can. If there is no shoulder, walk on the side of the road that faces traffic and yield to any oncoming vehicles.
If you violated any of these laws, the at-fault driver’s insurance company would try to avoid responsibility by alleging that you were responsible for the accident. Therefore, you need a pedestrian accident attorney in Birmingham on your side that understands Alabama’s complex liability laws and can fight for every penny you deserve.
Additional Safety Tips for Birmingham Pedestrians
To ensure your safety and avoid a traffic collision in the future, follow these additional common-sense tips for pedestrians:
- Always look both ways when you are about to cross the road, even if a traffic signal is telling you to walk.
- Attempt to make eye contact with drivers before crossing the street to ensure that they see you. Don’t just assume they will stop for you, even in a crosswalk.
- Stay alert! If you’re looking at your cell phone while crossing the street or wearing headphones that block external sound, you may not see a car coming until it is too late.
- Wear light or bright clothing and reflective gear, especially if you are walking after dark.
- Avoid walking along the road or crossing the street if you have been drinking. You may lose your footing or make poor decisions that put you in harm’s way.
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Evidence in a Pedestrian Accident Case
If we represent you in your Birmingham pedestrian accident case, we will investigate your accident and gather evidence that supports your claim. This could include:
- The police report filed about the accident
- Eyewitness testimony
- Pictures and video from the scene
- The damage to the involved vehicle
- Accident reconstructions
- Medical expert witnesses
- Your relevant medical records
- Documentation of your accident-related damages
After we collect documentation and other evidence to confirm the value of your economic losses, we can put a fair price on your case. We will use this information to prove to the insurance company what a proper payout will look like.
If they refuse to take it seriously and negotiate in good faith, we can take the same evidence to court to fight for just financial recovery.
Damages You May Be Able to Recover
The victims who survive pedestrian accidents often suffer significant injuries. Head and neck injuries, spinal cord injuries, traumatic brain injuries, broken bones, internal injuries, and other physical injuries are possible.
Recoverable damages in a pedestrian accident case may include the treatment of these injuries and other losses related to the accident and recovery period, such as:
- Property damages
- Pain and suffering
- Current and future care costs related to your injuries
- Current and future lost wages
- Current and future medical treatment for accident injuries
- Diminished earning capacity
Additionally, if a family member passed away because of the injuries they suffered in a Birmingham pedestrian accident, you may be able to file a wrongful death action. You could recover compensation for damages, including funeral expenses and loss of consortium.
Alabama Law Limits: How Long You Can Wait to File Suit
Alabama Code § 6-2-38 only gives most car accident victims two years from the date of their accident to take legal action against the at-fault driver. This includes victims of pedestrian accidents.
If you do not file a lawsuit against the at-fault driver before this deadline, you may be barred from doing so. In addition, if you lose the right to take legal action, it can make it difficult or impossible to recover a just payout through an insurance claim as well.
When we do not have the possibility of filing a lawsuit, the insurance company may be less likely to offer a fair settlement. You may want to act quickly as soon as your injuries are stable.
Talk to a Birmingham Pedestrian Accident Legal Team
If you were a victim of a pedestrian versus motor vehicle accident in Birmingham, the Morris Bart law firm is here to help you understand your case. If we believe you have a right to act against a negligent driver, we can file a claim or pursue a lawsuit on your behalf.
Call (205) 380-4158 now to talk to a Birmingham pedestrian accident lawyer about your case. Recovering compensation for your expenses and non-economic losses may be possible and at no up-front cost to you or your family.
Our firm operates on a contingency fee basis, meaning you do not pay us unless you receive a settlement or ruling in court.
to find a Morris Bart office near you.