Pedestrians have rights when using crosswalks and sidewalks, but drivers don’t always respect these rights. When drivers ignore these rights, they often end up hitting and injuring pedestrians who have the right-of-way.
At Heninger Garrison Davis, LLC, one of our personal injury lawyers in Birmingham, AL, can help you recover the compensation you need after a driver has hit you. We’ve represented clients in all 50 states, giving us multiple legal perspectives to approach your case.
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.
For a free legal consultation with a pedestrian accident lawyer serving Birmingham, call us today (205) 326-3336
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 on can help you increase your likelihood of winning your case.
However, if you file your claim after two years, you will unlikely be eligible for compensation since the deadline has passed. One way to prevent missing the deadline is to work with one of our Birmingham pedestrian accident attorneys to stay on top of the deadline.
Who Can Be Liable in a Pedestrian Accident?
Determining liability involves assessing the actions and responsibilities of various parties involved when a pedestrian accident occurs. 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 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.
Why Choose Heninger Garrison Davis for Your Pedestrian Accident?
Our law firm 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. Our recovery amount shows that we fight hard for our client until we win, and we’re ready to help you.
Another reason to choose our firm is our payment structure. We work on a contingency fee, which helps you get the legal help you need without worrying about expensive fees. Another benefit of working with us is we offer free video consultations.
That way, you don’t have to worry about planning a way to get to us while injured. We can video chat with you no matter where you are, whether you’re still in the hospital or recovering at home.
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Damages You Can Recover After You’ve Been Hit as a Pedestrian in Birmingham, AL
Getting hit in a pedestrian accident can turn your life around for the worst. This means financial struggles as well as emotional struggles. To help with these issues, our team 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 Birmingham, AL, 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 to help you 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 due to 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.
Contact Us Today for a Free in-Person or Video Consultation
At Heninger Garrison Davis, LLC, our team of Birmingham, AL, pedestrian accident attorneys is ready to review the details of your pedestrian accident case. We’ll see how we can help you, develop a legal strategy, and start pursuing compensation for you.
Contact us today for a free consultation.