Birmingham Pedestrian Accident Attorney
Millions Recovered Since 2002
When a pedestrian is struck by a vehicle, it frequently results in serious injuries for the person on foot or bicycle, including brain injuries, broken limbs, internal injuries, spinal cord injuries, and other serious harm. In most cases, pedestrians have the right of way, and drivers are required to yield and let them pass.
Some drivers operate their vehicles in a negligent manner, however, putting innocent pedestrians at risk. Some of the most common situations leading to serious injury or death include:
- Distracted driving
- Drunk driving
- Drowsy driving
- Illegal turns
- Backing out accidents
- Running stop signs or red lights
If you or a loved one was injured as a pedestrian, contact the Birmingham pedestrian accident attorney at the Guster Law Firm, LLC. We have been dedicated to representing the injured since 2002, and we have recovered millions of dollars in financial compensation for our clients.
Contact our firm for a free consultation, scheduled at your convenience and completely confidential. We will sit with you and discuss the specific details of your case and advise you about how we can take action for you, and what types of compensation will be pursued.
Pedestrian Accident Statistics
Despite efforts across the country to make communities safer for people traveling on foot and by bike, pedestrian fatalities remain high in the U.S. In 2018, there was over a 3% increase in the number of pedestrians killed in traffic crashes, totaling 6,283 deaths—the highest number of fatalities since 1990, according to the National Highway Traffic Safety Administration.
In Alabama, pedestrian deaths were up 60% in 2019 compared to data from 2008. Montgomery, Jefferson, and Mobile counties see the highest number of pedestrian deaths in the state. Pedestrian fatalities tend to occur at night due to low visibility, but anyone near a roadway at any time is at risk.
Compensation for Injured Pedestrians in Alabama
Generally, pedestrian accident cases will involve seeking the following damages:
- Costs of all medical treatment and care
- Lost wages from time taken off work
- Estimated future financial losses
- Cost of rehabilitation
- Pain and suffering
- Loss of quality of life
- Transportation costs
- Medication costs
Driver & Pedestrian Laws in Alabama
Alabama Code § 32-5A-211 states that vehicles must yield the right of way to pedestrians “when traffic-control signals are not in place or not in operation.” If a car does not slow down or stop to let a pedestrian cross the street safely, they can be held liable for injuring the pedestrian.
However, even though pedestrians generally have the right of way, they too can be responsible for crashes—in fact, 66% of pedestrian-related fatalities in Alabama are caused by the pedestrian. Determining who is at fault for any pedestrian-vehicle accident is a crucial aspect of any pedestrian accident claim.
Can a Pedestrian Be at Fault for a Car Pedestrian Accident?
A pedestrian can be at fault for an accident, either partially or fully. Even though the laws of the road call for motor vehicles to always yield to pedestrians this does not mean they are liable for an accident in all circumstances. Pedestrians still have a responsibility to follow certain traffic laws put in place to keep them safe. Some of the most common traffic laws pedestrians break are:
- 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
There are many factors that are considered when it comes to pedestrian accident liability. If you have been injured, contact our Birmingham pedestrian accident lawyer today to learn how we can help you.
What to Do If You're Involved in a Pedestrian Accident
If you have been hit by a motor vehicle while traveling on foot or by bicycle, take the following steps after the crash:
- Seek Medical Care If you are seriously injured, head to the hospital immediately; call 911 if you feel fine but someone else appears hurt. If you feel relatively unhurt, head to a doctor after exchanging insurance and contact information with the other parties involved in the crash. Many internal injuries, including brain damage, can be difficult to recognize at first, so seeking medical attention even when you feel fine can save your life—and money in the long run.
- Document the Accident Scene: Take pictures and/or video of the crash scene and write down everything you can remember about how the crash occurred.
- Call the Police: The police will file an accident report, which will detail how the crash happened and who was involved. Ask for a copy, as this information can help your case should you decide to file a personal injury claim.
- Do Not Discuss Fault on the Scene or with the At-Fault Motorist's Insurance Company: Even saying “I’m sorry” out of politeness following a crash can be seen as an admission of fault. Never admit fault after a crash—directly or indirectly—and if the driver’s insurance company calls you, don’t talk to them. They will use anything you say to discredit your claim against their client.
- Contact Your Insurance Company: Notify your insurance company of the crash, but don’t agree to any settlements or sign anything until you consult with a local attorney.
- Seek Professional Legal Help: Call a pedestrian accident lawyer and schedule a free consultation to discuss your case. A good lawyer should be willing to speak with you and offer you advice without asking for payment or forcing you to hire them. Based on their advice, you can decide whether to file a claim for damages and pursue compensation.
The driver of any vehicle which is involved in a pedestrian accident is usually represented by their insurance company's lawyer, who, by the very nature of their job, will be attempting to limit any financial payout. Insurance companies try to avoid paying out the maximum in damages and employ various strategies in an attempt to reduce the amount paid. DO NOT speak with any insurance company representative or give a statement until you first consult with an experienced, knowledgeable pedestrian accident attorney.
“Eric Guster and his team are some of the best attorneys in Birmingham. Mr. Guster and his team are knowledgeable, caring, and respected by other lawyers and the courts.”- Falen C.