According to the National Highway Traffic Safety Administration (NHTSA), pedestrian deaths in Alabama have increased dramatically since 2008, following a nationwide trend that suggests those not in cars remain at a high risk of vehicle-induced injury and death. That state of Alabama stands out—not in a good way—even amidst a national rise in pedestrian deaths. It ranked in the top ten of American states in terms of pedestrian deaths according to a published report on Patch.com.
If you were injured or a loved one was killed as a pedestrian who was struck by a motor vehicle in or near Montgomery, then you may have the means to collect compensation for your losses. A Montgomery pedestrian accident lawyer is ready to analyze the details of your unique case. Call the Morris Bart law firm today at (334) 523-0664 to speak with a member of our team free of charge.
How to Reduce the Chances of a Pedestrian Accident
A pedestrian walking along the road or tending to a broken-down vehicle in Montgomery is at risk of being struck and seriously injured or killed. These dangers are real and ongoing, and it takes a concerted effort by both pedestrians and drivers to ensure that the rising trend in pedestrian deaths decreases.
While you or a loved one may have already fallen victim to a pedestrian accident, it is important to know the steps that may help reduce the chance of being in a pedestrian accident in the future. From the pedestrian perspective, some safety steps you can take are:
- Maintain a safe distance from roadways.
- When crossing the road, check multiple times to ensure that the walkway is clear.
- Do not jaywalk.
While these tips can be helpful, all of the safety efforts in the world may mean nothing if a motorist fails to act in a responsible way.
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 the 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:
- Not drive through intersections where pedestrians have the right of way and are present in the intersection.
- Respect crosswalks.
- Maintain their lane integrity and not operate their vehicle in areas, such as bike lanes and sidewalks, where pedestrians are present or likely to be present.
- Yield to stop signs, traffic lights, and other road signs.
- Operate their vehicle in a more cautious manner when dangerous driving conditions are present.
- Generally drive their vehicle in a manner that is cautious and reflective of the fact that pedestrians occasionally share the road and nearby thoroughfares with potentially dangerous vehicles.
When motorists fail to follow these and other guidelines that keep pedestrians free from avoidable harm, they violate their duty of care and may be found responsible for any injuries or death that result from their actions.
For a free legal consultation with a Pedestrian Accident lawyer serving Montgomery, call 800-537-8185
Pedestrian Accidents May Be the Result of Motorist Negligence
Though there are exceptions, oftentimes a collision between a motor vehicle and a pedestrian is due to some carelessness by the person behind the wheel. If you or your loved one’s 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, with help from you and the evidence, are:
- What are the specific circumstances of your accident?
- What actions by the driver that struck you 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. Call the Morris Bart law office today at (334) 523-0664 for a free, no-risk consultation.
Proving Negligence in a Pedestrian Accident Case
It is likely that the defendant in your case was negligent if:
- They had a duty of care to you as a pedestrian.
They did have a duty of care to you, as all motorists have a duty of care to operate their vehicles in a responsible manner.
- They violated their duty of care to you.
If they struck you under circumstances where they were at fault, then they likely violated their duty of care.
- Their breach of the duty of care caused your injuries.
If your accident occurred as a result of the collision with the defendant’s vehicle, and the actions by the defendant are deemed negligent, then you can most likely prove their breach of duty caused your injuries.
Proving these points will be a critical element of your case for compensation. After establishing these points, your lawyer will request compensation for your losses, which you may collect as the result of a judgment or settlement.
Collecting Compensation for Your Losses
A Montgomery pedestrian accident lawyer will have a clear directive: to obtain compensation covering losses that you have suffered because of your pedestrian 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
- Any surgeries, tests, and rehabilitation required because of accident-related injuries
- Income that you have lost because of the accident
- Any scarring, disfigurement, or disability that is the result of your pedestrian accident
- Pain and suffering and mental anguish resulting from your accident
The details of your case may mean that you are entitled to further damages beyond those listed here. Your lawyer can assess your case and give you a better understanding of what to expect.
Montgomery Pedestrian Accident Lawyer Near Me 800-537-8185
Call Our Team At Morris Bart & Associates, LLC Today
You may not be able to fight a legal case for yourself, especially if you are recovering from injury or working through the death of a loved one. Call our team at the Morris Bart law firm today at (334) 523-0664 to learn more about how we can help. The call, and the representation, costs you nothing and is no obligation. We are only paid if we secure a fair settlement on your behalf.
to find a Morris Bart office near you.