If an individual has gotten into an accident as a pedestrian, the results can prove to be fatal. It’s much more likely for a person to sustain severe injuries if they are hit by a vehicle compared to the driver of said vehicle.
Physical injuries are not the only thing that somebody will have to deal with – the mental torment that goes with being involved in a pedestrian accident is just as serious.
Insurance providers will not assist given how they will flood you with a stack of paperwork and even attempt convincing you that you are responsible for the accident.
Considering that Alabama is a contributory negligence state and has a short statute of limitations, you need to enlist the services of a Birmingham pedestrian accident attorney to guide you through the proper legal channels to get you the reimbursement you deserve.
Here at Mike Bell Accident & Injury Lawyers, our Birmingham injury lawyers work with victims who’ve been hit by a truck or car to fight for their entitled compensation. Call 866-6MB-WINS today to get your claim started.
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What Does Alabama Law Say About Pedestrian Accidents?
Auto crashes, including pedestrian accidents, are usually assessed using the cause of action referred to as negligence. Negligence refers to when an individual is responsible for protecting others and, through a particular act, results in the protected person in question getting injured. To prevail in proving a negligent action, the plaintiff or their attorney must meet these five parts or elements:
Duty is when an individual has a legal duty to care for the welfare of another person. If and when a person gets behind the wheel, they assume the responsibility not to injure other pedestrians or drivers. For this reason, the duty part of negligence is almost always guaranteed when it comes to a pedestrian accident case.
Breach of duty refers to when an individual takes or fails to take action, thereby violating their duty. This is where the majority of pedestrian accident claims are decided. What sort of steps did the driver undertake not to hit the pedestrian? Did the pedestrian in question cross the road against the road signs? These questions are integral to a claim.
The plaintiff must definitively prove that the accident was the cause of their injuries. This can be simple; however, there are times when insurance providers try arguing that the injuries were pre-existent.
This means that the injuries sustained must have been certain for the nature of the crash. When it comes to pedestrian cases, it’s rarely an issue considering that being struck by a vehicle can result in serious trauma.
And last, the plaintiff must have sustained a physical injury to make a claim.
What is Contributory Negligence?
It’s integral to bear in mind that Alabama has adopted the principle of contributory negligence. As per the Alabama Rule of Civil Procedure 8(c), the defendant can use the affirmative defense in court that the plaintiff was partially at fault for the accident.
For instance, in the event the defendant does not yield way to a pedestrian in a crosswalk and ends up hitting the pedestrian, in case the pedestrian was crossing the road against the road sign, the pedestrian can be held partially at fault.
Under contributory negligence, the pedestrian may get entirely barred from recovery, making it extremely integral to have a Birmingham pedestrian accident attorney to handle this potential issue.
What Are the Most Common Injuries In Pedestrian Accident Cases?
The common injuries sustained from a pedestrian and car accident include spinal cord injuries, fractures, head and back injuries, Traumatic Brain Injury (TBI), as well as death.
In pedestrian collisions, the pedestrian will not only get hit by a vehicle, but they will also have a physical impact with nearby objects. The individual may hit the car’s hood, windshield, or cement underneath them. Regardless of the object, the fact is that the vehicle’s force won’t be the only thing that causes injuries; the impact resulting from the initial hit can lead to considerably more damage.
The recovery period for these injuries is time-consuming. Nobody can physically wake up just a day after sustaining a spinal cord injury and carry on like usual. In case you’ve gotten involved in a pedestrian accident, chances are that you have a considerable amount of pain and suffering to pursue compensation.
Injuries are not the full extent a pedestrian crash can cause. These incidents have an extremely high fatality rate. Getting hit by a moving car is a serious thing, given how the force of impact can terminate a life. In these scenarios, the family is usually left with lots of legal questions on how best to deal with the situation. Reach out to a personal injury attorney in Birmingham, AL, at Mike Bell Accident & Injury Lawyers as soon as possible and make your family feel more at ease.
Be Careful Dealing With Insurance Providers Following a Pedestrian Accident
A common defense that an insurance provider will be adamant about when it comes to a pedestrian accident is that the individual in question was walking in the wrong. As previously mentioned, the majority of pedestrians are under the presumption that the law will be on their side and have the right of way. The reality is that it’s not always the case since insurance service providers will make a mild issue come off as a huge legal decision.
When the individual walking doesn’t have the right of way, it’s not a given that pedestrian accidents will occur. Apart from a few cases, pedestrians are protected in the state of Alabama.
Pedestrians are required to obey traffic control devices like stoplights and crosswalk lights. What’s more, they must follow the guidelines issued by a traffic control director or policeperson. In case the crosswalk is available, they must use it, while in the case of a sidewalk, they should use it.
Saying you should do something or that you need to use devices that are not always present seems like pedestrians are walking around freely among vehicles just waiting to be hit.
Is There a Time Limit for Filing a Pedestrian Accident Claim?
One crucial aspect to keep in mind when it comes to car accident law is the statute of limitations. You can view this statute like a time limit given for a plaintiff to step forward.
According to the Alabama Code Title 6-2-38, any complaint alleging to a personal injury claim must be filed within 2 years following the accident. Although this time may appear like a long time, negotiations with insurance providers and medical treatment usually stretch out for months, if not years.
Schedule a Free Consultation With Our Birmingham Pedestrian Accident Attorneys
Chances are that any pedestrian accident victim needs to undergo a long recovery period. An attorney should assist you in handling the legal aspect of that recovery process, given that you’re trying to get a handle on everything else happening in your life. It’s possible that you have suffered extensive damages and/or lost an important part of your body like a limb or the ability to hold down a job.
Nearly every day, pedestrian accidents cost lives, which is why you need somebody by your side in cases like these. While it may appear clear-cut that somebody hit you with their car, insurance providers are quick to assigning partial or even total liability to the pedestrian.
The fight isn’t really between you and the other driver. It’s more of a race to pursue compensation before falling behind on the bills and getting into debt with medical expenses you can’t financially cover. Most people don’t get the opportunity of focusing on emotional and physical recovery due to the stress ensuing from the pedestrian accident.
If you want to pursue full compensation for injuries sustained or lose a loved one, get in touch with a Birmingham car accident attorney. The Mike Bell Firm law offices assist victims of pedestrian crashes. It’s crucial that you talk to somebody who’ll hear out your side and make you their priority.
Call Mike Bell Accident & Injury Lawyers today to get a free consultation. When a pedestrian accident occurs, it’s normal for the victim to feel like they have no options. In this case, a free consultation will help in understanding all the available legal options.