Personal Injury Attorneys For Pedestrian Accidents In Mobile Alabama
It can be difficult to know where to turn when you have been injured in a pedestrian accident. Between dealing with injuries, medical expenses, and lost wages, you might find yourself in a difficult financial situation. A pedestrian accident lawyer in Mobile, AL, can help you sue for compensation and seek restitution.
We believe everyone deserves access to adequate legal representation to protect their rights.
Pedestrian Rights in Alabama
According to the Governors Highway Safety Association, the total number of fatal pedestrian accidents in Alabama has increased by more than 80% over the past decade. Just like motor vehicle operators have rules of the road, pedestrians must follow road laws.
In Alabama, typically, pedestrian travelers have the right of way when on the sidewalk or crossing the street at a designated crosswalk. Typically, pedestrians do not have the right of way if they walk on the shoulder of the road or attempt to cross the street while not at a designated crosswalk.
More generally, drivers on the road have a legal obligation to drive safely to avoid injury to pedestrians. If traffic control devices, such as traffic lights or crosswalk signals, are not working, drivers may have to yield to pedestrians at the appropriate crossings.
Pedestrian Accidents and Negligence
As in most personal injury cases, courts assign responsibility in pedestrian accident cases by determining negligence. In traffic cases, negligence amounts to not acting reasonably, such as speeding and not following traffic laws.
To file a rightful compensation claim, the prosecution must demonstrate that:
- The driver had a reasonable duty of care
- The driver violated that duty of care
- The violation of the duty of care caused the injury
For example, if someone is texting while driving and hits a pedestrian due to that distraction, the victim can sue for negligence and try to recover their damages. Similarly, if a driver hits a pedestrian while they are crossing at a designated crossing, they may be liable for damages.
Common Pedestrian Accident Injuries
Even though many pedestrian accidents occur at relatively low speeds, car impacts can cause a wide range of injuries:
- Broken bones
- Traumatic brain injury
- Spinal injury
- Strained/torn muscles
- Torn ligaments
- Internal bleeding
- Crushing injuries
- Soft tissue injury
- Road rash
If you have sustained injuries from a pedestrian accident, you should first seek medical attention. In most personal injury cases, plaintiffs must provide medical documentation of their injuries. Failing to get appropriate medical attention and diagnoses could weaken your case.
Pedestrian Accident Damages
Damages for pedestrian accident cases include many expenses related to the accident. Common types of expenses that damages compensate for include:
- Emergency medical expenses
- Costs of continual medical care
- Medication costs
- Lost wages
- Property damages
- Loss of consortium
- Pain and suffering
- Emotional anguish
Alabama law requires all drivers to carry at least $25,000 in liability accident coverage. In most cases, you can file a claim through the driver’s insurance company.
A pedestrian accident lawyer can help calculate the appropriate compensation to pursue. Our strategy at Jackson & Foster is to pursue maximum compensation.
Alabama Contributory Negligence Laws
Alabama operates on a standard of contributory negligence, meaning that victims cannot bear partial responsibility for pedestrian accidents that cause their injury. Alabama is one of only four states in the country that has pure contributory negligence laws.
If the court determines that the victim was in any way responsible for the accident, they can lose any entitlement to financial compensation. Even if the victim was only 1% responsible for the accident, their claim to damages could be null and void.
For example, if you were illegally crossing the road and a car struck you, you may not be able to sue for damages, even if the driver was negligent (e.g., driving under the influence) when they struck you. It is important to understand how Alabama’s negligence laws work before taking a civil case to court.
How Can a Pedestrian Accident Attorney Help?
Pedestrian accidents often require delving into complexities at the intersection of tort and traffic laws. Aside from providing general legal counsel, an experienced pedestrian accident lawyer can:
- Investigate the accident scene
- Question witnesses and acquire testimony
- Obtain police reports of the accident
- Obtain medical documentation concerning injuries
- Calculate medical expenses, lost wages, and other damages to sue for
- Send demand letters
- Negotiate with insurance companies
- Represent you in court
It may be possible to represent yourself in a minor pedestrian accident case. However, hiring an experienced pedestrian accident lawyer in Mobile, AL, is the best course of action. An attorney can help you navigate the legal water surrounding personal injury law and maximize your chances of a successful resolution.
Pedestrian Accident Statute of Limitations
Alabama has a two-year statute of limitations for many personal injury cases, including pedestrian accidents. If you wait longer than two years from the date of the accident, you can lose your chance to seek financial compensation.
It is very important you look for legal representation as soon as possible. The sooner you get started on bringing a claim to the courts, the higher your chances can be of receiving compensation. An experienced pedestrian accident lawyer from Jackson & Foster can help you take steps to pursue justice.
Contact a Pedestrian Accident Lawyer in Mobile, AL, Today!
Jackson & Foster has over 40 years of experience representing pedestrian accidents and other personal injury cases. When going up against the legal system and insurance companies, you need a law firm you can trust! We use our extensive experience and legal knowledge to seek justice for victims.
Contact us online or call today at (251) 433-6699 to speak to a pedestrian accident lawyer in Mobile, AL, and schedule a free consultatio
“I was driving through Mobile, AL on a long distance road trip when I was involved in a motor vehicle accident. The experience was horrible. The accident occurred halfway between my parents’ house in Texas and my home in Georgia.
I was referred to Jackson & Foster by a friend of mine and was able to obtain him as representation. They answered all of my questions (there were many) and made sure I understood the process of working with the different insurance companies. They kept me updated on the status of the case so I always knew where we were in the process. They made sure I understood that nothing was going to happen overnight and that these things take time.
Jackson & Foster made this horrible experience of mine a lot easier to navigate. I would definitely use them again and would refer them to anyone looking for somebody that is easy to work with and willing to work for you to make sure the outcome turns out in your favor.”