Being struck by a vehicle as a pedestrian can leave you with serious injuries, including broken bones, lacerations, and abrasions, and potentially a traumatic brain injury, spinal cord injury, or other life-altering injuries, for example. If a careless driver struck you in Huntsville, Alabama, understanding your rights and how to seek compensation after the accident is crucial.
For a free consultation with a pedestrian accident lawyer near you, contact Morris, King & Hodge, P.C. Our experienced crosswalk accident lawyers will review your case and help you take the next steps toward seeking compensation.
Common Causes of Pedestrian Accidents in Huntsville, AL
Morris, King & Hodge, P.C., has been representing injured people in Northern Alabama since 1966. Over the decades, our skilled personal injury lawyers have recovered more than $168 million for our deserving clients, and our firm has earned a reputation for aggressively fighting for injury victims’ rights and providing comprehensive legal support.
We encourage you to check out our client reviews to learn more about what it’s like to work with our team. For example, one of our past clients wrote:
“Have to applaud the communication from Joe and Rachel. They were never hard to reach when it came to answering any of my questions or addressing any concerns. He assured me that patience would pay off in the end and I tell you, it did not disappoint.” – JPR
What Rights Do Pedestrians Have in Huntsville?
One of the most important pedestrian rights is the right-of-way when legally crossing the road in a crosswalk. When a pedestrian is in a crosswalk, oncoming traffic must slow down and stop for the pedestrian to cross the road. When a vehicle is stopped for a pedestrian in a crosswalk, other cars cannot pass that vehicle, as it can put the pedestrian at risk of harm.
Additionally, if there is no sidewalk present, pedestrians may walk in the road as long as they stay as far off to the side of the roadway as possible.
How Liability Is Determined in a Pedestrian Accident Case
Determining liability is a crucial part of pedestrian accident cases and involves several key factors. Our legal team is prepared to conduct a thorough investigation into the accident to determine the facts of the case, such as who had the right-of-way, whether the motorist was speeding, distracted, or under the influence, and whether additional factors contributed to the collision, such as poor lighting or faulty traffic lights.
As part of our investigation, we can gather the following types of evidence to support your claim:
- Eyewitness statements that provide additional information about how the accident occurred
- Accident scene photographs showing the road conditions, skid marks, and relevant traffic signs and signals
- Traffic or dashboard camera footage depicting the accident
- Expert testimony, such as from medical professionals and crash reconstruction specialists
- Medical records detailing the severity and extent of your injuries and the treatment plan recommended by your doctor
What Compensation Can You Recover as a Pedestrian Accident Victim?
Through a pedestrian accident claim filed against the negligent driver’s auto insurance policy, you can seek compensation for your losses, such as:
- Past and future medical expenses related to the incident, including surgeries, hospital stays, medical treatment and devices, prescription medications, and physical therapy
- Lost income and the loss of future earning capacity caused by the impact of your severe injuries on your ability to work full-time
- The physical pain and suffering you experienced because of your injuries
- The emotional distress you continue to experience because of the accident, including anxiety and post-traumatic stress disorder (PTSD)
- Permanent disability and disfigurement, such as if you suffered a spinal cord injury that left you paralyzed, or if you sustained significant scarring on your face
- Loss of enjoyment of life caused by your injuries, preventing you from engaging in activities you once enjoyed
- Wrongful death benefits for your loved one if they passed away due to injuries caused by a pedestrian accident
While Alabama is a fault-based state, meaning you typically file your auto insurance claim with the at-fault driver’s insurance company, hit-and-run accidents are an exception to the rule. If a driver struck you and fled the scene, you can file a claim with your auto policy’s uninsured motorist (UM) coverage.
Time Limits for Filing a Pedestrian Accident Claim in Alabama
Under Alabama’s statute of limitations for pedestrian accident cases, victims have two years to file lawsuits against the driver at fault for the accident that injured them. You must file your lawsuit within this period or risk losing your right to seek compensation for your injuries. Our skilled pedestrian accident lawyers can help you file your lawsuit within the deadline.
If you were the victim of a hit-and-run incident, the time limit for filing your lawsuit may not begin until the at-fault driver has been identified. However, you should check with our attorneys to determine the exact amount of time you have to file your lawsuit.
In general, the sooner you contact our pedestrian accident attorneys, the better. It is critical to promptly start an investigation before evidence disappears and witnesses’ memories fade.
Common Causes of Pedestrian Accidents in Alabama
Pedestrian accidents often result from driver negligence. However, that isn’t the only possible cause. Some of the most common causes for these accidents in Alabama include:
- Distracted driving, including texting, using a phone, or eating while driving
- Driving under the influence of drugs or alcohol
- Speeding or driving too fast for the road or weather conditions
- Failing to yield to pedestrians in a marked crosswalk
- Drivers running red lights or stop signs, including rolling stops
- Poor visibility caused by weather or poor street lighting
- Missing traffic signs, defective traffic lights, or faded crosswalk lines
How Our Law Firm Helps Injured Pedestrians
When you work with our firm, we are prepared to handle your pedestrian accident case from start to finish. That includes:
- Gathering evidence that proves the driver’s fault for the accident
- Calculating the value of your losses
- Filing your insurance claim or lawsuit
- Handling all communication between you and the insurance company
- Negotiating with the insurance company on your behalf for a fair settlement
- Representing you in court if the insurance company refuses to settle for an agreeable amount
If you were struck by a vehicle in Huntsville, contact Morris, King & Hodge, P.C., now for a free consultation with an experienced pedestrian accident lawyer. During your initial consultation, we’ll review the details of your case, explain your options, and walk you through the next steps in seeking compensation for your injuries.
Pedestrian Accident FAQS
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 in Huntsville 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.
If you or a loved one have been injured or killed in a pedestrian accident, then you should contact the Huntsville pedestrian injury attorneys of Morris, King & Hodge, P.C., for a free and confidential consultation. We can help you recover compensation for the injuries you sustained in the accident.
