Birmingham Pedestrian Accident Attorney

20+ Years Pursuing Maximum Compensation for Injured Pedestrians

When a vehicle strikes a pedestrian, the injuries are rarely minor. Traumatic brain injuries, spinal cord damage, broken limbs, and internal trauma are common outcomes, and recovery can stretch for months or years. At Guster Law Firm, LLC, we’ve been representing injured Alabamians since 2002, recovering millions of dollars for personal injury clients across the state. Our founding attorney is a recognized legal analyst who appears regularly on CNN, FOX News, MSNBC, HLN, and The Today Show. He brings a national-level profile to clients who need serious advocacy.

We offer free case evaluations, work on a contingency fee basis so there’s no cost until we resolve your case, and are available 24/7 to take your call. Because pedestrian injuries often affect mobility, we provide remote consultations so you can get legal guidance without leaving home.

Call (205) 581-9777 or contact us online for a free case evaluation. We’re available 24/7.

Common Causes of Pedestrian Accidents in Birmingham

Most pedestrian accidents trace back to driver negligence. When a motorist fails to operate their vehicle responsibly near pedestrians, the consequences can be catastrophic. Some of the most common driver behaviors that lead to pedestrian collisions include:

Failure to yield the right of way at crosswalks is among the most frequently cited contributing factors in pedestrian collisions. Under Alabama Code § 32-5A-211, drivers must yield to pedestrians crossing within a crosswalk when traffic-control signals aren’t in place or in operation. A violation of that duty can support a negligence claim.

Pedestrian Accident Statistics in Birmingham & Jefferson County

The scale of the problem in this region is significant. The Birmingham-Hoover metro area ranks 39th on the National Complete Streets Coalition’s list of the most dangerous cities for pedestrians, with roughly 25 pedestrian deaths per year. Jefferson County recorded 34 pedestrian fatalities in both 2020 and 2023, the deadliest years on record, and has seen a 47% increase in pedestrian deaths between 2012 and 2024. The county accounts for approximately 11% of all traffic deaths in Alabama and generates around 19,000 crashes per year.

The national picture is equally alarming. According to the National Highway Traffic Safety Administration, pedestrian fatalities have risen sharply over the past 15 years, reaching 7,314 deaths in 2023. Anyone traveling on foot near Birmingham roadways faces real and measurable risk.

Compensation Available for Injured Pedestrians in Alabama

A pedestrian accident claim can pursue both economic and non-economic damages. Economic damages cover quantifiable financial losses; non-economic damages address the human cost of the injury. We work to pursue the full scope of what you’re owed.

Recoverable damages typically include:

When a pedestrian accident results in a fatality, surviving family members may be able to pursue a wrongful death claim. Alabama’s wrongful death statute is unique. It focuses on punishing the at-fault party rather than compensating survivors for specific losses, and only punitive damages are available under the statute. In cases involving gross negligence or intentional misconduct, punitive damages may be available.

Alabama Pedestrian Laws & the Statute of Limitations

Alabama’s legal framework creates real obstacles for injured pedestrians. Understanding the key statutes and doctrines before engaging with any insurer or opposing counsel isn’t optional. It’s essential.

Alabama’s Contributory Negligence Doctrine

Alabama follows a pure contributory negligence doctrine: if a pedestrian is found to share any degree of fault for the accident, they’re completely barred from recovering compensation. Even a finding of 1% fault eliminates the claim. Insurance companies know this rule well and routinely argue pedestrian fault as a strategy to eliminate payouts. Our attorneys understand how to counter those arguments and protect your right to recover.

Two-Year Statute of Limitations

Claims are also time-sensitive. Alabama Code § 6-2-38 establishes a two-year statute of limitations for personal injury claims arising from pedestrian accidents. Missing that deadline generally means losing the right to recover entirely. Exceptions may apply for minors and individuals who were incapacitated at the time of injury, but those situations require careful legal analysis.

Can a Pedestrian Be at Fault for a Car Pedestrian Accident?

Yes. Although drivers must generally yield to pedestrians in crosswalks under Alabama Code § 32-5A-211, that obligation doesn’t cover every situation. Pedestrians are expected to follow traffic laws, and violations can affect liability. Common circumstances where pedestrian fault may be alleged include:

• A pedestrian was crossing against the traffic signal
• A pedestrian was crossing the road outside a crosswalk
• A pedestrian was walking where pedestrian access is clearly not allowed

Because Alabama’s contributory negligence rule is a complete bar to recovery, how fault is allocated can mean the difference between full compensation and no recovery. If you’ve been injured, contact our Birmingham pedestrian accident lawyer to understand where you stand.