When vehicles and pedestrians share the road, the combination can be deadly. Lack of attention on the road or a split-second decision by the motorist can have life-threatening or lasting consequences for a person walking along the road or crossing the street. This is when you need the advice of a Gadsden Pedestrian Accident Lawyer.
According to the National Highway Traffic Safety Administration (NHTSA), about 5,000 people in the U.S succumb to pedestrian accidents, while another 75,000 are injured yearly. This translates to a pedestrian injury occurring every 7 minutes and death every 2 hours.
As the streets of Gadsden become more and more crowded, these kinds of severe accidents will only increase in both frequency and severity. Cities are not only prone to pedestrian accidents but so are states such as Alabama, being regarded as one of the most dangerous places for pedestrians in the U.S.
If you or a loved one has sustained injury from a pedestrian accident and the other party was at fault, you are entitled to compensation. However, with Alabama being a contributory negligence state, you'll likely need a Gadsden pedestrian accident lawyer who can guide you through the process to recover damages. Mike Bell Law Firm is available at 256-666-6000 to help you seek justice.
What Are The Main Causes of Pedestrian Accidents?
Common causes of pedestrian accidents in the state of Alabama include:
1. Poor Visibility– Most of the severe pedestrian accidents occur during the night when the visibility is substantially reduced. Poorly lit streets, bad weather, hard to spot clothing, faulty headlights can all lead to pedestrian accidents.
2. Distracted driving– Motorists can be distracted by their phone, passengers, eating, adjusting controls in the vehicle, loud music, etc. It only takes a split second to cause a severe accident.
3. Speeding– Speeding reduces the driver's reaction time and increases the amount of time they need to stop the vehicle. Going above the speed limit increases the chances of hitting a pedestrian.
4. Failure to Yield Right of Way– Many pedestrians and cyclists get hit after a motorist fails to yield the right of way on the road or stop at an intersection.
5. Driving Under the Influence– Some motorists tend to be irresponsible by driving after consuming drugs, alcohol, or prescription medication. Pedestrian accidents while under the influence are usually severe and can easily lead to death.
What Should I Do After a Pedestrian Accident?
What you do after an auto accident is important to ensure your rights are protected:
1. Seek Medical Attention
It's imperative to ensure you get medical attention regardless of the accident scope. Keep in mind that failure to do so can weaken or even void your claim.
2. Contact the Authorities
It's imperative to contact the relevant authorities immediately after the accident. You'll need them to make an official police report for the accident, which is vital in proving your claim.
3. Document Your Injuries
It's also important to take photographs and videos of your injuries if possible.
4. Don't Discuss Fault on the Scene– Avoid admitting fault or apologizing to the other party as this can void your claim, even if you were not at fault
5. Contact Your Insurance Company– It's also vital to notify your insurer about the accident as well as your intent to file an accident claim.
6. Seek Legal Assistance– Given the intricate nature of the personal injury, it's usually best to have a professional legal representative by your side. A reputable Gadsden pedestrian accident lawyer will seek justice on your behalf as you focus on recovery.
How Do You Determine Liability or Fault in a Pedestrian Accident in Alabama?
Auto accidents are often reviewed using the cause of action referred to as negligence. Your lawyer will assess the following in order to determine negligence action:
1. Duty– This is when an individual has the legal responsibility to look after the welfare of another individual. When a driver is on the road, they assume a duty to not injure others.
2. Breach of Duty– This is when an individual takes, or fails to take action and thus violates their responsibility to care. This is where most pedestrian accidents in Alabama are decided. Did the pedestrian cross the road against the light? What steps did the motorist take to avoid hitting a pedestrian?
3. Causation– You need to prove that the accident was responsible for your injuries.
4. Damages– Lastly, you need to have a physical injury in order to make a pedestrian accident claim with a Gadsden pedestrian accident lawyer.
How Can a Gadsden Pedestrian Accident Lawyer Assist With My Claim?
The right attorney can help with many aspects of the claim including the following:
Case preparation– Your lawyer will do a thorough investigation to collect the necessary evidence and do the right paperwork for your claim.
Settlement Negotiations– They will also negotiate with the insurance company for fair compensation on your behalf.
Trial Preparation & Representation– If negotiations don't bear fruit, they will use their resources to prepare for a solid case in court and represent you accordingly.
What are the Time Limits for Filing a Pedestrian Injury Claim in Alabama?
Also known as the Statute of Limitations, you have a time limit of 2 years to file a personal injury case in Alabama. This might seem like a long time, but with the intricacies in such claims, it can easily stretch for months or a year.
How Much Will a Gadsden Pedestrian Accident Lawyer Cost?
Fortunately, most personal accident lawyers operate on a contingency basis. This means you don't have to worry about the legal fees until you have won the case. Our firm, for example, will take a small percentage of your settlement after winning the case.
Call a Gadsden Pedestrian Accident Lawyer Today!
Pedestrian accidents can be traumatic and life-changing. If you or a loved one has sustained injury from such an accident, do not hesitate to get in touch with us at 256-666-6000 for legal advice. Our team is always available and we will work hard using our resources and experience in the industry to ensure you are fairly compensated. We have the best Gadsden Pedestrian Accident Lawyers, so call today!