Negligent drivers put pedestrians at risk for injury every day. If you were injured as a pedestrian who was struck by a motor vehicle in Montgomery, you have the right to hold the driver responsible. You may also be able to collect compensation for your losses.
Our law firm offers free consultations and we’re available to take your call 24/7. A Montgomery pedestrian accident attorney can analyze the details of your unique case and help you decide the best course of action.
Collecting Compensation for Your Losses
Your pedestrian accident lawyer in Montgomery will have a clear directive: to help you recover the financial losses you suffered from the accident. The details of your case will be critical in determining any awards that you are eligible for. Damages you may recover include coverage for:
- Emergency care required to treat your injuries
- Tests, surgeries, and rehabilitation
- Income that you have lost during your recovery
- Scarring, disfigurement, or disability
- Pain and suffering and mental anguish
Your particular case may qualify for further damages. We can assess your case and give you a better understanding of what to expect.
For a free legal consultation with a Pedestrian Accident lawyer serving Montgomery, call 800-537-8185
Death Caused by Pedestrian Accidents in Alabama
According to the National Highway Traffic Safety Administration (NHTSA), pedestrian deaths in Alabama have increased dramatically since 2008. A nationwide trend suggests those not in cars remain at a high risk of vehicle-induced injury and death.
That state of Alabama stands out — and not in a good way — even amidst a national rise in pedestrian deaths. It ranked in the top ten states for pedestrian deaths.
If you lost a loved one in a pedestrian accident, a wrongful death lawyer can help you through this hard time. No settlement can ever undo the damage done but you could recover the cost of funeral expenses and hold a negligent driver responsible.
What Is a Reasonable Settlement for a Pedestrian Accident?
You can reclaim damages for a pedestrian accident case through an insurance claim or a personal injury lawsuit against the negligent driver. The average injury settlement ranges anywhere from $14,000 and $28,000.
However, you shouldn’t accept an offer without consulting with a lawyer. Our Montgomery pedestrian accident lawyers can calculate your total losses to determine a reasonable settlement for your case.
How Long do I Have to File a Pedestrian Accident Claim?
If you were injured in a pedestrian accident, you have a limited time to file a claim. Alabama’s statute of limitations for pedestrian accident claims is two years from the date of the accident that injured you.
Failing to file your claim in time could mean you miss your chance to claim compensation for your injuries. Your pedestrian accident attorney in Montgomery can initiate your claim before this deadline passes.
Pedestrian Accidents Caused by Motorist Negligence
Oftentimes a collision between a motor vehicle and a pedestrian is due to driver carelessness. If your accident was the result of negligence by a motorist, a Montgomery pedestrian accident lawyer can gather evidence in your case and pursue compensation. Some of the fundamental questions that your lawyer will consider are:
- What actions by the driver caused the collision?
- What should the driver have done to avoid the collision?
- Do the actions of the driver qualify as negligence?
The answers to these questions will determine the approach that your lawyer takes when formulating your case.
Proving Negligence in a Pedestrian Accident Case
The success of your case will depend on your ability to prove that the driver who hit you was negligent. In a pedestrian accident case, this means:
- The driver had a duty of care to you as a pedestrian
- The driver violated their duty of care to you
- Their breach of the duty of care caused your injuries
The driver had a duty of care to you, as all motorists have a duty of care to operate their vehicles responsibly. If the driver struck you under circumstances where they were at fault, then they likely violated their duty of care. Finally, if the driver is found to be negligent, you can easily prove their breach of duty caused your injuries.
Proving these points will be critical for your case. After establishing these points, your lawyer will request compensation for your losses, which you may collect as the result of a judgment or settlement.
Motorists’ Responsibility to Keep Pedestrians Safe
Every motorist implicitly accepts a duty of care when they get behind the wheel of their vehicle. That duty requires them to operate their vehicle in a manner that will not put others, pedestrians included, at an unreasonable risk of harm. With respect to pedestrians, in particular, living up to the duty of care means that a motorist must:
- Respect crosswalks
- Yield to stop signs, traffic lights, and other road signs
- Not drive through intersections where pedestrians have the right of way
- Stay in their lane and not drive in bike lanes or sidewalks
- Drive in a manner that is safe and reflects that pedestrians occasionally share the road
- Operate their vehicle in a more cautious manner when driving conditions are dangerous
When motorists fail to follow these guidelines that keep pedestrians free from avoidable harm, they violate their duty of care. They may be found responsible for any injuries that result from their actions.
Is It Worth Getting an Attorney for a Pedestrian Accident?
After suffering injuries from an accident, your top priority should be your physical and mental wellbeing. The last thing you should have to do is divert your time and attention to legal matters. Your attorney can build your case while you heal. Our team can gather evidence, such as:
- Eyewitness statements
- Police accident report
- Nearby surveillance camera footage
- Medical expert testimony verifying your care needs
We can also communicate with the insurance company or the driver on your behalf. This allows your case to move along without interfering with your recovery.
Can I Afford a Pedestrian Accident Lawyer?
We understand your concerns about medical bills piling up on top of your usual expenses. To avoid adding to your financial burden, our lawyers work on a contingency fee basis. Our legal fee comes from a percentage of your settlement or court award. Our clients pay nothing out of pocket. We only get paid when you do.
Call a Pedestrian Accident Lawyer Today
You may find it difficult to work on your case for yourself, especially if you are recovering from an injury. Call the Morris Bart law firm 24/7 to schedule your case review. The consultation is free, and there’s no obligation to retain our services. You can count on us to protect your best interests.
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