Birmingham Pedestrian Accident Lawyer
If a person is involved in an accident as a pedestrian, the results can be catastrophic. An individual is much more likely to suffer serious injuries if struck by a vehicle than the driver of said vehicle is by hitting a pedestrian.
And physical injuries are not all that someone has to deal with – the mental anguish that accompanies being in a pedestrian accident, can be just as serious.
Insurance companies are no help as they flood you with paperwork and can even try to convince you that the accident was your fault.
With Alabama being a contributory negligence case and having a short statute of limitations, you need a Birmingham accident lawyer who can guide you through the process to get you the compensation that you deserve.
Our firm’s Birmingham pedestrian accident lawyers work with clients who have been hit by cars or truck to fight for their rights to fair compensation.
Pedestrian Accident Laws in Alabama
Auto accidents, including those involving pedestrians, are usually reviewed using the cause of action known as negligence. Negligence, in short, is when a person has a duty to protect others, and through an action, causes the protected person to be injured. There are five parts, or elements, that a plaintiff or their Birmingham pedestrian accident lawyer must meet in order to prevail in a negligence action:
- Duty – Duty is when a person has a legal responsibility to care for the welfare of another person. Whenever a person drives a car, they assume a duty to not injure other drivers or pedestrians. Because of this, the duty element of negligence is almost always a given in a pedestrian accident case.
- Breach – A breach of duty is when a person takes an action, or fails to take an action, and therefore violates their duty. Here is where many pedestrian accident cases are decided. What steps did the driver take to not hit the pedestrian? Did the pedestrian cross against a light? These questions are pivotal to a claim.
- Cause – The plaintiff must show that the accident caused their injuries. This can be straightforward, but sometimes insurance companies will attempt to argue that the injuries were pre-existing.
- Scope – Scope simply means that the injuries suffered must have been foreseeable for the nature of the accident. In pedestrian cases, this is almost never at issue since being hit by a car can cause serious trauma.
- Damages – Lastly, the plaintiff must have a physical injury in order to make a claim.
Contributory Negligence
It is important to keep in mind that Alabama has adopted the concept of contributory negligence. Under Alabama Rule of Civil Procedure 8(c), the defendant can utilize the affirmative defense at trial that the plaintiff was partially responsible for the accident.
For example, even if the defendant did not yield to a pedestrian in a crosswalk and hit the pedestrian, if the pedestrian was crossing against the light, the pedestrian could be partially responsible.
According to contributory negligence, the pedestrian may be totally barred from recovery, which makes it extremely important that a Birmingham pedestrian accident lawyer is available to address this potential issue.
Statute of Limitations
One other aspect of car accident law to keep in mind is the statute of limitations. The statute of limitations can be viewed as a time limit for a plaintiff to come forward.
Alabama Code Title 6-2-38 states that a complaint alleging personal injury must be filed within two years of the accident. While this can seem like a long time, medical treatment and negotiations with insurance companies can often stretch for months or even years.
How a Birmingham Pedestrian Accident Attorney Can Help
Recovering from injuries sustained in a pedestrian accident can be a time consuming and frustrating process. On top of the physical and mental recovery, the insurance companies often pressure people into quick settlements. Don’t be taken advantage of.
Our firm’s Birmingham pedestrian accident lawyers work to ensure that our clients get the compensation that they deserve. We understand the nuances of negligence, statute of limitations, and contributory negligence to properly evaluate your case.
We negotiate with insurance companies on your behalf, and if a settlement cannot be reached, we prepare you for trial. Contact our firm today to discuss your case.
