Pedestrian accidents in Alabama have been increasing over the last several years. These types of accidents occur between pedestrians and cars, scooters, bicycles, etc. They can also be pretty devastating accidents in terms of injuries and fatalities.
At Hobbs Law, LLC, our pedestrian accident attorney in Birmingham, Alabama, helps injured pedestrians pursue compensation. Fill out our online contact form or call us at 205-683-2892 to schedule a free consultation and learn more about how we can help you seek the compensation you deserve.
What is a Pedestrian Accident?
A pedestrian accident is a collision involving someone on foot and someone in a vehicle. A vehicle can be a passenger car, a motorcycle, or even a bicycle. In these accidents, the pedestrian typically suffers the most injuries simply because the pedestrian bears the brunt of the impact and has no protection at all.
Who Can Be Sued for a Pedestrian Accident in Alabama?
Generally speaking, anyone at fault for an accident can be sued. The most important place to start this analysis is the driver or operator of the vehicle involved in your accident. However, other less obvious entities could share the liability.
If an accident was caused by a brake failure, the manufacturer of those brakes or a mechanic who negligently maintained the brake system could be held liable. It is also possible for a public or private entity to be held liable if an accident is caused by some dangerous condition, such as poorly maintained roads or insufficient lighting. When the person at fault caused the accident while working, their employer could be held accountable. Because these cases are not always straightforward, it is essential to, at a minimum, speak to a pedestrian accident attorney about your legal options.
Common Causes of Pedestrian Accidents in Birmingham, Alabama
Every accident is unique, and there are as many potential causes of pedestrian accidents as drivers on the road. Some of the most common reasons are provided below.
Distracted Driver and Pedestrians
Both drivers and pedestrians have a lot of distractions that can cause them to take their eyes off the road. Common distractions are the same: cell phones or other electronics, a child, and eating.
Impaired Drivers and Pedestrians
Impaired driving is much more common than impaired pedestrians, but just the same, being impaired by chemical substances, like alcohol and drugs, can affect safe driving and walking. A driver may swerve into another lane or stop too late. A pedestrian may cross the road when they shouldn't. Any impairment can create conditions for an accident.
Recklessness
Both drivers and pedestrians should refrain from recklessness. A driver who speeds, fails to follow traffic rules, or disregards the presence of potential pedestrians can cause a serious accident. Pedestrians, likewise, should not, for example, cross streets without using walkways or when the light is not green for them to cross.
Impatience
Impatient drivers may speed or try to whip around pedestrians who are crossing the street. Pedestrians can also be impatient and, as mentioned above, may try to cross the street where and when they are not permitted.
Dark Clothes at Night
When pedestrians wear dark clothes at night and are on or near the road, drivers may not be able to see them until it is too late. Even where the road is illuminated by street lamps or traffic lights, seeing pedestrians at night remains difficult if they are in dark clothes.
Road Construction
Road construction is a real hazard. Drivers are typically alerted to pay special attention. Pedestrians are often forced to walk around the construction area, which may mean stepping into or close to roadways.
Road Conditions
How a road is engineered, designed, or otherwise constructed can make life difficult for drivers and pedestrians. For example, a pedestrian may not be visible to a driver around certain bends in the road or hilly roads. Wet road conditions, rundown roads, and the like can also make it dangerous for drivers and pedestrians.
Bad Weather
Bad weather conditions, such as rain, can make driving and walking on or near roads treacherous. Visibility may be affected. Road conditions can get messy and dangerous. Drivers and pedestrians seeking to escape bad weather may become impatient or reckless in their efforts.
Common Traffic-Related Pedestrian Injuries
Accidents always have the potential to result in personal injuries, even fatal injuries. Traffic-related pedestrian accidents are particularly vulnerable to severe personal or fatal injuries.
Emergency room analysis indicates the following are some of the top injuries pedestrians sustain when in a traffic-related accident:
- Head and brain injuries
- Spinal and back injuries
- Musculoskeletal injuries
- Bone fractures
- Lacerations
- Contusions and bruising
Children and older adults are most at risk of serious, complicated, and/or fatal injuries. The extent of the injuries is determined by multiple factors, including but not limited to age, gender, location, speed of the vehicle, type of vehicle, and weather conditions.
Compensation for Pedestrian Accident Injuries in Alabama
The central motivation behind awarding monetary damages to pedestrian accident victims is to make them as whole as possible or to restore them to their financial position before the accident. As such, a victim might receive compensation for a number of different things after an accident.
For example, victims with expensive medical bills might receive compensation for the latter and transportation costs to and from the doctor's office. Further, if those injuries prevented the victim from working, the injured party may also be eligible to receive compensation for the wages they couldn't earn. These are all known as economic damages, meaning your recovery costs are compensable.
A victim of a pedestrian accident could also receive monetary damages to compensate for the physical pain and mental or emotional suffering they experience because of their injuries. These compensable damages are known as non-economic because the economic value requires some calculation and determination.
Why Hire a Alabama Pedestrian Accident Attorney?
After a pedestrian accident, it is important to understand that your insurance company may not always have your best interests in mind. They are businesses first and foremost, which means that their goal is to pay out as little as they are legally obligated to do. It's true of the at-fault party's insurance company, too. In fact, insurance companies notoriously use manipulation and intimidation as ways to reduce or avoid settlement.
To make sure your insurance company or the at-fault party's insurance company settles for a value that makes sense in your unique situation, you likely need a pedestrian accident lawyer. Your lawyer can help you through the process and act as your advocate, negotiating and arguing on your behalf so that you get what is right and just. Plus, if the insurance company still refuses to pay what is fair, your attorney can take the matter to trial
Contact a Pedestrian Accident Attorney in Birmingham, Alabama Today
Hiring a pedestrian accident attorney from Hobbs Law, LLC gives you someone in your corner with the necessary experience to accurately assess the value of your case and then fight on your behalf for fair compensation. If you would like to schedule a free consultation about your accident, you can contact our pedestrian accident lawyer in Birmingham, Alabama, either online or by calling 205-683-2892.