When a car hits a pedestrian, the pedestrian often suffers severe injuries. As a result, their medical bills can pile up quickly, and they may be out of work for an extended period of time. Situations like these can cause a great deal of financial stress on top of the burden of recovering from injury.
If you were struck by a moving vehicle, the Birmingham pedestrian accident attorneys at Morris Bart can take on your case. Our attorneys will do all the heavy lifting so that you can focus on getting better. Best of all, you’ll only pay us attorneys’ fees if your suit is successful.
Our Pedestrian Accident Lawyers Can Help With a Number of Different Accidents
There are a variety of reasons why a driver might accidentally collide with a pedestrian, and none of them are excusable. Here are some of the types of pedestrian accidents that our attorneys can help you seek compensation for:
- Failure to take precautions entering or exiting a parking lot or driveway
- Speeding
- Failure to obey traffic signals
- Not using appropriate care driving through a crosswalk
- Distracted driving, such as looking at a phone or texting
- Driving carelessly in poor weather conditions
- Driving under the influence of drugs or alcohol
In the eyes of the court, these actions will most likely be seen as negligent. In many pedestrian accident cases, laws regarding negligence can be used to hold the driver liable for damages.
For a free legal consultation with a Pedestrian Accident lawyer serving Birmingham, call 800-537-8185
Birmingham Pedestrian Accident FAQ
A Birmingham pedestrian accident lawyer answers frequently asked questions about how to navigate the legal process following a pedestrian accident.
What Damages May I Be Able to Recover?
Alabama Law Limits: How Long Can You Wait to File Suit?
What Damages May I Be Able to Recover?
Victims who survive pedestrian accidents often suffer significant injuries. Head and neck injuries, spinal cord injuries, traumatic brain injuries, broken bones, internal injuries, and other physical injuries are possible.
Recoverable damages in a pedestrian accident case may include compensation for treatment bills and for other losses related to the accident and recovery period, such as:
- Property damages
- Pain and suffering
- Current and future care costs related to your injuries
- Current and future lost wages
- Current and future medical treatment for accident injuries
- Diminished earning capacity
Additionally, if a family member passed away because of the injuries they suffered in a Birmingham pedestrian accident, you may be able to file a wrongful death action. You could recover compensation for a number of damages, including funeral expenses and loss of consortium.
Alabama Law Limits: How Long Can You Wait to File a Suit?
Alabama Code § 6-2-38 gives most car accident victims two years from the date of their accident to take legal action against the at-fault driver. This includes victims of pedestrian accidents.
If you do not file a lawsuit against the at-fault driver before this deadline, you may be barred from doing so. If you lose the right to take legal action, it can make it very difficult to recover a just payout through an insurance claim.
If filing a lawsuit is off the table, the insurance company may be less likely to offer a fair settlement. That’s why it’s important to take legal action as soon as you can. If your injuries are preventing you from contacting a Birmingham pedestrian accident lawyer, we suggest asking a family member or close friend to contact our firm on your behalf.
Establishing Liability After Your Pedestrian Accident
In many cases, when a vehicle hits a person traveling on foot, the driver will at least be partially liable for the pedestrian’s injuries. However, in order to win you compensation, your pedestrian accident attorney will need to prove that the driver was responsible for the accident and your injury.
Here’s what your lawyer will have to prove to sway the court in your favor:
- The driver was responsible for keeping you safe. Anyone operating a motor vehicle is expected to follow specific rules or best practices to keep you safe. For example, they must obey traffic laws and slow down if they know a pedestrian is nearby.
- The driver failed to uphold that responsibility. If the driver was speeding or failed to yield to a pedestrian in a crosswalk, you can make a case that they did not maintain their duty of care.
- The driver’s failure to act with reasonable care led to the accident. To prove this, you will have to make the case that the accident would not have occurred if the driver had taken basic precautions.
- You sustained physical injuries and financial losses. You will need to demonstrate how the accident injured you physically, emotionally, and financially.
A Birmingham pedestrian accident attorney can navigate this legal process on your behalf when you sign on for representation. Call our office for a free case evaluation and initial consultation.
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Evidence in a Pedestrian Accident Case
If we represent you in your Birmingham pedestrian accident case, we will investigate your accident and gather evidence that supports your claim. Depending on your unique circumstances, evidence may include:
- The police report filed about the accident
- Eyewitness testimony
- Pictures and video from the scene
- The damage to the involved vehicle
- Accident reconstructions
- Medical expert witnesses
- Your relevant medical records
- Documentation of your accident-related damages
Once we’ve collected documentation that confirms the value of your economic losses, we can put a fair price on your case. We will use this information to show the insurance company what a proper payout should look like. If they refuse to take it seriously and negotiate in good faith, we can take the same evidence to court to fight for just financial recovery.
Our Pedestrian Accident Lawyers Know How to Deal With Insurance Companies
Insurance companies will always try to avoid paying you what you’re owed for your injury. Insurers are infamous for reaching out to accident victims with low-ball settlement offers before they’ve even gotten a chance to speak to a lawyer.
If you receive a settlement offer from the at-fault driver’s insurance company, don’t sign it! Before you respond, make sure you have a lawyer look over to the offer to see if it’s enough to cover your losses.
If an insurance company is reluctant to pay you what you deserve, our skilled pedestrian accident lawyers in Birmingham will be able to negotiate a deal. If they’re reluctant to negotiate, our team will file the paperwork necessary to take the defendant to court.
Your Responsibilities as a Pedestrian in Birmingham
Although drivers are usually responsible for pedestrian accidents, Alabama law stipulates that a person who is walking, running, or standing alongside traffic has specific responsibilities. Following your responsibilities as a pedestrian can help you stay safe and also make it easier to hold a driver accountable if they hit you.
Here’s what to do when you’re out and about on foot in Birmingham:
- Don’t jaywalk. Jaywalking refers to the illegal action of crossing the street where there is no crosswalk, without regard for traffic.
- Obey traffic signals. If there are crossing signals or stoplights at an intersection, you must pay attention to them and only cross when it is safe to do so.
- Yield to motor vehicles outside of crosswalks. Pedestrians do not always have the right-of-way on Alabama roadways. If you are crossing the road where there is no crosswalk, you should yield to oncoming traffic.
- Don’t cross an intersection diagonally. It is against the law in our state to cross diagonally through an intersection unless a law enforcement official directs you to do so or there is a diagonal crosswalk.
- Use the sidewalk. You must remain on the sidewalk, if one is available, anytime you are walking or jogging along the road.
- Stay as far off the road as possible. When there is no sidewalk, the law requires you to walk on the shoulder as far from the road as you can. If there is no shoulder, walk on the side of the road that faces traffic and yield to any oncoming vehicles.
If you violate any of these laws during a pedestrian accident, the at-fault driver’s insurance company will try to avoid liability by alleging that you were responsible for the accident. In that case, you’ll need a pedestrian accident attorney in Birmingham on your side. Our team understands Alabama’s complex liability laws and can fight for every penny you deserve.
Additional Safety Tips for Birmingham Pedestrians
To ensure your safety and avoid a traffic collision in the future, follow these additional common-sense tips for pedestrians:
- Always look both ways when you are about to cross the road, even if a traffic signal is telling you to walk.
- Attempt to make eye contact with drivers before crossing the street to ensure that they see you. Don’t just assume they will stop for you, even in a crosswalk.
- Stay alert! If you’re looking at your cell phone while crossing the street or wearing headphones that block external sound, you may not see a car coming until it is too late.
- Wear light or bright clothing and reflective gear, especially if you are walking after dark.
- Avoid walking along the road or crossing the street if you have been drinking. You may lose your footing or make poor decisions that put you in harm’s way.
Steps to Take After a Pedestrian Accident in Birmingham
If you’ve been injured in a pedestrian accident in Birmingham, there are a few things you can do to improve your chances of receiving compensation. If you’re able to, make sure you take the following steps after getting hit or clipped by a vehicle:
- File a police report. Even if your injuries are mild, it’s important to call local law enforcement after a pedestrian-car accident. Their report can add legitimacy to your claim.
- See a doctor. Always seek medical care after an accident. If you’re not in pain immediately after the incident, that doesn’t necessarily mean you’re uninjured. Sometimes, injuries can crop up in the days following your accident, and shock can numb the initial pain. It’s also important because your medical records and bills can be used as evidence in your case.
- Take photos. Photos of the accident scene can be used as evidence during your case. If your injuries prevent you from using your phone’s camera, ask someone nearby to take pictures and send them to you.
Talk to Our Birmingham Pedestrian Accident Legal Team
If you were a victim of a pedestrian versus motor vehicle accident in Birmingham, Morris Bart is here to help you with your case. If we believe you have the right to take legal action against a negligent driver, we will file a claim or pursue a lawsuit on your behalf.
Contact us now to talk to a Birmingham pedestrian accident lawyer about your case.
If you choose to work with us, you won’t have to pay any up-front costs. That’s because our firm operates on a contingency fee basis, meaning you do not pay us attorneys’ fees unless you receive a settlement or ruling in court. If your case is successful, your attorney will take a portion of the payment you receive.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
