If you or a family member suffered injuries when hit by a negligent driver, a Madison pedestrian accident attorney from the Morris Bart law firm might be able to help you hold the at-fault motorist legally responsible. We can file insurance claims and personal injury lawsuits for accident victims in Madison County and elsewhere in Alabama.
Our lawyers review traffic accident cases for free. We want to discuss your accident and injuries and help you understand your rights. We represent clients in Madison, Alabama, from our Huntsville office.
Recovering Compensation for Damages in a Pedestrian Accident
Following a pedestrian accident, you may be able to recover money for the expenses and losses you incurred if you can prove:
- The motorist caused your accident
- You suffered financial, physical, and emotional harm as a result
- You did not play a role in causing the collision
We build support for insurance claims and file them against the at-fault driver. We negotiate to recover damages that include:
- Medical care costs
- Future medical needs for injuries
- Lost wages missed because of injuries and treatment
- Reduced earning ability because of lasting impairments
- Property damages
- Additional related expenses
- Pain and suffering
- Mental anguish
If the driver’s insurer does not agree to an appropriate settlement based on the evidence available, we can sue the negligent motorist and ask a jury to award compensation.
What Rights do I have if My Family Member Died from their Injuries?
Under Ala. Code § 6-5-410, it may be possible to seek and recover compensation based on your loved one’s wrongful death. We help families prepare and file these cases. However, in Alabama, surviving family members can only recover punitive damages for their loved one’s death.
For a free legal consultation with a Pedestrian Accident lawyer serving Madison, call (256) 666-3010
Victims of Pedestrian Accidents Can Suffer Serious Injuries
Our pedestrian accident lawyers represent victims at the Morris Bart law firm in Huntsville. We know how serious the injuries often are in these cases and how crucial it is for you and your family to recover compensation. We may be able to help you get compensation for injuries that include:
- Traumatic brain injuries
- Spinal cord injuries
- Other neck and back injuries
- Broken bones
- Internal injuries
- Burns and scarring
- Amputations and other limb injuries
- Pain and suffering and other emotional harm
We represent injured pedestrians in claims and lawsuits using a contingency fee. We do not ask anyone to pay us when they sign their contract. Instead, we get our attorneys’ fees from the compensation we recover for them. In addition, our lawyers do not get paid attorneys fees if we do not win the case. This makes it possible for any family to benefit from our services and representation, even if they are facing difficult financial times.
Lawyers and staff from our Huntsville office work with accident victims in Madison and greater Madison County. This office provides initial consultations for free but by appointment only. It is located at:
600 Boulevard South-Southwest, Suite 104
Huntsville, AL 35802
How Can I Prove Negligence and Liability if I was Hurt in a Pedestrian Accident?
The evidence necessary to prove that a motorist caused a pedestrian accident is often similar to that used to support any other car accident claim. This could include:
- The police report filed by responding officers
- Interviews with witnesses
- Dashcam or surveillance video of the collision
- Accident reconstruction
- A survey of the scene
- Relevant medical records
- Documentation of damages
To win damages in these cases, we must prove the driver acted carelessly or recklessly and caused the crash. We call this negligence. There are four elements necessary to confirm negligence occurred:
- The driver has a duty of care to the pedestrian, meaning there is a legal responsibility to act a specific way
- They failed to act in that way
- Their failure caused the collision
- The victim suffered physical, financial, and emotional injuries
When we have strong enough evidence to prove negligence, we should be able to file a claim and recover compensation based on the proof we have of the recoverable damages.
Challenges in Winning an Accident Recovery for Pedestrians
There are often strong defenses the at-fault driver and their insurer will use to limit financial recovery in these cases. One of the most common is blaming the collision and injuries on the victim. Alabama is one of four states that recognizes pure contributory negligence.
This type of shared fault law prevents victims from securing recovery if they contributed to causing the accident or injuries. This means that, under the Alabama Supreme Court decision Golden v. McCurry (1980), you cannot recover any compensation if you played even a one percent role in causing your accident.
We know how to counter accusations of shared fault and mitigate the damage done to your case by any defense the at-fault driver may try to use.
Do I Need to Sue the At-Fault Driver to Get Reimbursed for My Losses?
Most traffic accident claims settle outside of court. These cases do not usually go to trial. However, lawsuits may become necessary under certain circumstances, including:
- The insurer refuses an appropriate settlement
- They blame our client for the accident or for contributing to their injuries
- The at-fault driver refuses to accept responsibility for the collision
- There are significant questions of fact in the case
Per Ala. Code § 6-2-38, you generally have up to two years to begin a lawsuit based on your pedestrian accident case. There are exceptions. You also only have two years from the date of death to start a wrongful death lawsuit.
Speak to a Madison Pedestrian Accident Lawyer Today
At the Morris Bart law firm, the areas we serve include four offices in Alabama and attorneys willing to travel statewide to represent clients. We also serve all areas of Arkansas, Louisiana, and Mississippi.
You can make an appointment with our Huntsville office for your free case assessment today by calling (256) 666-3010. We have a lawyer who can speak with you about your rights and legal options.
Questions?Call (256) 666-3010
to find a Morris Bart office near you.