A pedestrian accident may cause serious injuries and be a life altering event. If you were injured or lost a loved one in a pedestrian accident in north Alabama and a driver’s negligence caused your injuries, you should understand your legal options. Insurance companies often try to shift the blame to the pedestrian to avoid paying a claim. You will be at a significant disadvantage if you are dealing with another driver’s insurance company without a proven attorney advocating for you.
Having a knowledgeable personal injury lawyer guiding you after a serious pedestrian accident in north Alabama can make a world of difference. Our attorneys treat each client with individual respect and attention. If you choose Morris, King & Hodge, P.C., you will have the legal knowledge and skill of a Huntsville law firm which other attorneys and legal publications have recognized for exceptional legal service.
Our attorneys will conduct a detailed investigation to determine exactly how your pedestrian accident occurred. We will gather evidence and identify all the potentially responsible parties. We will interview witnesses and obtain the driver’s cell phone records if warranted to determine whether the driver was distracted at the time of the accident. Distracted driving may be proven in other ways. For example, a lack of skid marks at a crosswalk may indicate the motorist was not looking at the road and did not try to brake before hitting a pedestrian.
Alabama requires drivers to carry auto liability insurance to pay for injuries caused to another person in an accident. When a person is struck by a car, the injuries are often severe. If your injuries were caused by the carelessness or recklessness of a driver, you may be entitled to seek compensation to cover your medical bills and other losses. If you were hit by an uninsured driver, your own uninsured motorist coverage may cover your injuries. We will analyze the insurance policies available to provide compensation for your losses.
We will compile your medical expenses and determine your income losses if your injuries prevent you from working for an extended time or leave you unable to work. We may use a financial planner to estimate your future medical care costs and lifestyle adaptation expenses. We will prepare a claim which reflects the full extent of your losses and present it to the insurance company representing the at-fault motorist.
The State of Alabama requires that drivers yield the right-of-way when a pedestrian is in a designated crosswalk on the same half of the road as the vehicle or close enough to the lane to constitute a danger. Pedestrians must yield the right-of-way to vehicles when crossing at an unmarked crosswalk at an intersection or outside of a marked crosswalk.
Alabama’s Rules of the Road and other motor vehicle and traffic laws govern pedestrians and motorists. Pedestrians are subject to traffic lights, do not walk or wait signals, and other pedestrian safety devices and warnings.
Many pedestrian accidents are caused by motorists who are distracted or who are simply not looking out for pedestrians in a crosswalk. Distracted driving could include texting and driving, eating or putting on makeup. If the at-fault driver is driving while intoxicated, pedestrians may be injured.
Pedestrian accidents may be caused by a driver’s failure to obey the posted speed limit. If the motorist is speeding when the light turns red, the driver may not be able to stop in time to avoid hitting the pedestrian. The driver may also have a responsibility to sound the horn to alert the pedestrian that is exposed to danger.
In some cases, road workers, police officer or other first responders are injured while doing their jobs on the roadway. While some pedestrian accidents happen at the primary point of impact, some pedestrian accidents may occur as a secondary result of two vehicles colliding.
Some drivers and pedestrians do not yield the right-of-way when they should and accidents result. In 2014, there were more than 800 reported pedestrian accidents in Alabama. The accidents caused 623 injuries and 95 deaths, according to the Alabama Department of Transportation. Pedestrian accidents may involve adults or children.
A driver may be speeding, distracted, intoxicated or simply driving carelessly and cause a serious accident. In collisions with cars, the pedestrian typically sustains the more serious injuries. If a driver is speeding, the violent impact of the collision may throw the pedestrian into the air and cause their head or face to collide with the windshield or hood of the vehicle. This secondary impact may cause injuries even worse than the initial point of impact.
Among the common types of injuries resulting from pedestrian accidents are:
If you have been seriously injured in a pedestrian accident as a result of another person’s negligence, you should seek legal representation. Our attorneys may be able to help you. We will review the specifics of your accident free of charge, provide answers to your questions, and discuss your legal options. If we believe that we can assist you in seeking compensation, we will offer to represent you on a contingency fee basis. That means you will not owe any legal fee unless we obtain compensation for you.
No one expects to be injured in a pedestrian accident. If you have been hit by a car and you are able, you should obtain the contact and insurance information of the at-fault motorist. You will need to prove that the motorist who hit you was at fault in order to claim compensation from the at-fault driver’s insurance company. If you were hit by a hit-and-run driver, you may make a claim through your own uninsured motorist coverage. An experienced lawyer who knows Alabama personal injury law can guide you through the claims process and protect your rights to seek full compensation.
Motorists in Alabama must yield the right-of-way to pedestrians in a crosswalk. However, if a pedestrian crosses an intersection against a light, the pedestrian may have contributed to the accident and be ineligible to receive compensation from the motorist. In Alabama, if a pedestrian contributed even partly to an accident, the pedestrian may not be able to claim damages from the driver. The insurance companies will give weight to the police findings in determining fault in an accident. The fault in a pedestrian accident is often disputed. It is important not to merely accept the first offer made by insurance companies. You may be entitled to much more. It is also important to consult an attorney to properly preserve your claims so they will not be barred by the statute of limitations. Having a proven lawyer presenting evidence to the insurance adjuster supporting your account of the accident can make all the difference in the outcome.