Pedestrian Accident Lawyer in Birmingham, AL

Name: Pedestrian Accidents
Brand: Heninger Garrison Davis, LLC
Rating: 4.9 (908 reviews)

Pedestrians have rights when using crosswalks and sidewalks, but drivers don’t always respect the rules. Reckless, entitled drivers often end up hitting and injuring pedestrians who have the right-of-way.

Pedestrian Accident Overview

Rights You Have Statute of Limitations Liability Damages Why Choose HGD Law Firm

Pedestrian Accident Representation You Can Trust

At Heninger Garrison Davis, LLC, one of our pedestrian accident lawyers in Birmingham can help you recover the compensation you deserve after a driver has hit you. Our team has over 16 years of experience handling pedestrian accident cases, so we know what it takes to win your case. By choosing our law firm, you’re working with a team that has recovered over $3 billion for the clients we’ve served since our founding. We work on contingency, which helps you get the legal help you need without worrying about expensive fees, and we offer free video consultations so you don’t have to worry about planning a way to get to us while injured.

What Rights Do You Have as a Pedestrian in Birmingham?

Before filing a personal injury claim, you first need to know your rights as a pedestrian. Knowing them lets you judge whether you are eligible to file a claim if your rights have been violated. Here are the rights you have as a pedestrian in Alabama:

Pedestrian right-of-way: In Alabama, pedestrians generally have the right-of-way when crossing the road at marked or unmarked crosswalks. Vehicles are required to yield to pedestrians in these situations.
Sidewalk usage: Pedestrians are encouraged to use sidewalks when available. If there is no sidewalk, pedestrians should walk on the left side of the road facing traffic.
Crossing at intersections: Pedestrians should use crosswalks and obey traffic signals when crossing at intersections. They should wait for the “walk” signal before proceeding.
Yielding to pedestrians: Vehicles must yield to pedestrians at crosswalks and intersections. Drivers should exercise caution and reduce speed when approaching a crosswalk or pedestrian crossing.
School zones: Drivers must exercise extra caution in school zones, yielding to pedestrians and following reduced speed limits during school hours.
Special consideration for children, elderly, and disabled people: Drivers should exercise additional caution and give special consideration to children, elderly individuals, and individuals with disabilities who may require more time or assistance when crossing the road.
Yielding when turning: Drivers must yield to pedestrians when making turns at intersections or driveways. They should watch for pedestrians and give them sufficient time to cross before proceeding.

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What Is the Statute of Limitations for a Pedestrian Accident in Alabama?

According to Code of Alabama § 6-2-38, after you’ve been hit by a vehicle in Alabama, you have two years from the date you were injured to file a personal injury claim against the negligent parties. Filing your claim early can increase your likelihood of winning your case.

However, if you file your claim after two years, you are unlikely to be eligible for compensation since the deadline has passed. One way to avoid missing the deadline is to work with one of our Birmingham pedestrian accident attorneys to stay on top of it.

Who Can Be Liable in a Pedestrian Accident?

Determining liability involves assessing the actions and responsibilities of the parties involved in a pedestrian accident. Let’s explore the potential liabilities of each party:

Motor Vehicle Drivers

Motor vehicle drivers have the primary responsibility for avoiding pedestrian accidents. If a driver fails to yield the right-of-way, drives recklessly, speeds up, ignores traffic signals, or engages in distracted driving, they can be liable for the accident. Drivers must be cautious and attentive to their surroundings, especially in pedestrian areas.

Pedestrians

Pedestrians also must exercise reasonable care for their safety. While pedestrians typically have the right-of-way at marked crosswalks and intersections, you must adhere to traffic signals and exercise caution. If you fail to use marked crosswalks, cross against traffic signals, or behave negligently, your actions may contribute to the accident and affect liability.

Vehicle Owners and Employers

The vehicle owner or employer may sometimes share liability for a pedestrian accident. If the driver was operating a vehicle for work purposes, the employer may be held responsible for the driver’s actions under the principles of vicarious liability. Vehicle owners are responsible for ensuring their vehicles are properly maintained and operating safely.

Manufacturers and Maintenance Companies

If a defective vehicle part or inadequate vehicle maintenance contributed to the accident, the manufacturer or maintenance company may be liable for their negligence. Faulty brakes, defective tires, or other mechanical issues can be factors in pedestrian accidents. Manufacturers and maintenance companies have to ensure the safety of their products and services. One of our defective product injury lawyers can help you examine the situation and hold the manufacturer accountable.

What Damages Can Be Recovered After a Pedestrian Accident?

Getting hit in a pedestrian accident can turn your life around for the worse. This means financial and emotional struggles. To help with these issues, our pedestrian accident attorneys in Birmingham can help you recover damages such as:

Medical Expenses

You can recover damages for medical bills, physical therapy, emergency room visits, and required medical devices.

Lost Wages

If your injuries cause you to miss work, our team of pedestrian accident lawyers can help you recover the pay you would have received if you could work.

Decreased Earning Capacity

If the severity of your injuries prevents you from pursuing your current career, we can help you recover damages to account for this change.

Pain and Suffering

Whether it be pain from your injuries or agony from losing your independence, you can recover compensation for these losses.

Emotional Distress

Getting hit by a vehicle is traumatizing, and we can help you recover damages and cope with the emotional effects.

Wrongful Death

If you’ve lost a loved one, their estate could file a wrongful death lawsuit. We may be able to help you recover punitive damages.

Traumatic Brain Injury Damages

If you’ve suffered a traumatic brain injury, you can recover damages for your injuries.

Spinal Cord Injury Damages

When you’ve been hit in an accident, you could suffer a spinal cord injury, resulting in several damages that you can recover.

Why Choose Heninger Garrison Davis to Handle Your Pedestrian Accident Case in Birmingham, AL?

Since 2006, HGD Law Firm has represented injured individuals and families seeking accountability and financial recovery after accidents caused by negligence. We serve clients across the country while prioritizing individualized attention, open communication, and dependable guidance throughout each case. Our team combines the resources needed to handle complex claims with 24/7 availability, ensuring clients can reach us when questions arise. To date, we have recovered more than $3 billion for injured clients and their families.

Being struck by a vehicle can leave pedestrians facing painful injuries, mounting bills, and uncertainty about the future. Our personal injury attorneys in Birmingham help victims understand their rights, determine who may be responsible for the collision, and pursue compensation for their losses. From investigating the accident to communicating with insurance companies, we work to ease the burden of the claims process while keeping you informed of important developments. We handle cases on a contingency fee basis, so you owe no legal fees unless we recover compensation on your behalf.

Recognitions and Achievements:

Past President, Alabama Association of Justice and Alabama Civil Justice Foundation
“AV Preeminent” Rating, Martindale-Hubbell
Board Certification as a Civil Law Trial Advocate, National Board of Trial Advocacy
Named “Top 50 Lawyers in Alabama,” Super Lawyers
Lawyer of the Year, Best Lawyers

If you or someone close to you has suffered injuries in a pedestrian accident, reach out to HGD Law Firm for a free consultation and learn how we may be able to help.

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