Mobile Pedestrian Accident Attorney

When a pedestrian is hit by a car, the injuries are often severe. In fact, the majority of pedestrian accidents result in serious injuries or death. If you or someone you love was hit by a car, you may qualify for compensation for your medical costs, lost wages, and pain & suffering. 

At Satterwhite Law Firm, LLC, we understand the unique challenges these cases present and can help you navigate the legal process from start to finish. Our Mobile pedestrian accident lawyers can help you understand your legal options and guide you through the process of filing a personal injury claim.

Need legal help after a pedestrian accident? Contact us at (251) 325-5141 for a free consultation and let us help you fight for the compensation you deserve.

Common Injuries in Pedestrian Accidents

Pedestrian accidents can lead to a spectrum of injuries, varying in severity from minor to life-altering. Some common injuries that can be caused in pedestrian accidents include:

• Orthopedic Injuries: Broken bones and fractures are common in pedestrian accidents due to the impact of a collision.
• Head & Brain Injuries: The vulnerability of the human head makes pedestrians susceptible to concussions, traumatic brain injuries, and other head-related trauma.
• Spinal Cord Injuries: The force of a collision can damage the spinal cord, leading to paralysis or other debilitating conditions.
• Soft Tissue Injuries: Sprains, strains, and other soft tissue injuries can result from the abrupt forces exerted during an accident.
• Emotional Distress: Beyond physical injuries, the emotional toll of a pedestrian accident can be overwhelming, causing anxiety, depression, or post-traumatic stress disorder (PTSD).

Causes of Pedestrian Accidents

Pedestrian accidents can happen for many reasons, but most involve driver negligence, poor visibility, or dangerous road conditions. Understanding the leading causes can help prevent accidents and strengthen a legal claim.

Some common causes of pedestrian accidents include:

• Distracted Driving: Many accidents occur because drivers are texting, talking on the phone, adjusting the radio, or engaging in other distractions. A moment of inattention can lead to serious injuries.
• Speeding: Drivers who exceed speed limits, especially in residential areas or near schools, have less time to react to pedestrians crossing the road.
• Failure to Yield: Pedestrians have the right of way at marked crosswalks and intersections, but some drivers ignore traffic signals or fail to stop in time.
• Driving Under the Influence: Alcohol or drug impairment reduces reaction time, coordination, and judgment, increasing the risk of hitting pedestrians.
• Poor Visibility: Low lighting, heavy rain, fog, and inadequate street lighting make it harder for drivers to see pedestrians, especially at night.

Taking precautions like using crosswalks, wearing reflective clothing at night, and staying alert while walking near traffic can help reduce risks.

City-Specific Pedestrian Safety Concerns in Mobile

Mobile, Alabama, is a vibrant city with unique challenges and opportunities when it comes to pedestrian safety. The city's layout, characterized by busy streets and high foot traffic areas, necessitates heightened awareness for both drivers and pedestrians. One of the factors contributing to pedestrian accidents in Mobile includes infrastructure conditions that vary across different neighborhoods, making some areas more prone to accidents than others.

Moreover, Mobile's weather patterns, with frequent rain and occasional dense fog, can further complicate visibility for drivers. The combination of local road conditions and weather requires both pedestrians and drivers to exercise additional caution. The city's planning department is working towards improving pedestrian safety by implementing better signaling systems and more visible crosswalks in known high-traffic areas.

Who Is Liable in a Pedestrian Accident?

Determining liability in a pedestrian accident is key to obtaining compensation. The responsible party depends on the circumstances of the crash. Liability is often complex and may involve evaluating various factors, such as vehicle speed, traffic signal adherence, road conditions, and pedestrian behavior at the time of the accident. An accurate assessment of these factors can significantly impact the outcome of a claim.

• Negligent Drivers: If a driver was speeding, distracted, intoxicated, or failed to yield, they are likely liable for the accident. Evidence such as traffic camera footage and eyewitness accounts can help strengthen your case against a negligent driver.
• Government Entities: Poorly maintained roads, broken traffic signals, or lack of pedestrian crossings may put some responsibility on the city or state government. In these cases, demonstrating that the government was aware or should have been aware of the hazardous conditions can be crucial.
• Pedestrians: In rare cases, a pedestrian may be partially at fault if they jaywalked, ignored traffic signals, or were distracted (e.g., looking at their phone while crossing). There are also instances where shared fault is considered if both parties could have prevented the accident by following traffic laws.

A pedestrian accident attorney in Mobile can investigate the case, gather evidence, and determine who should be held accountable.

Pedestrian Rights in Alabama

Alabama traffic laws are designed to protect pedestrians and ensure their safety. These laws include:

• Right to Crosswalk Safety: Pedestrians have the right to use designated crosswalks and expect vehicles to stop.
• Right of Way at Intersections: When traffic signals permit, pedestrians have the right of way at intersections. Drivers must yield when pedestrians are lawfully crossing.
• Protection from Reckless Driving: Drivers must operate their vehicles responsibly to avoid endangering pedestrians. Failure to do so can result in legal consequences.

Moreover, Alabama law mandates that drivers exercise caution and reduce speed when approaching pedestrian-populated areas, such as school zones or parks. This is particularly important in bustling areas of Mobile where foot traffic is high. If a driver violates these laws and causes an accident, the injured pedestrian may have a strong case for compensation. Understanding pedestrian rights enables victims to better advocate for themselves and seek legal recourse.

What Damages Could Be Recovered in a Pedestrian Accident Claim?

Some damages that could be recovered in pedestrian accidents may include:

• Medical Expenses: Coverage for present and future medical bills related to the accident, which includes hospital stays, surgeries, rehabilitation, and prescription medications.
• Lost Wages: Compensation for income lost because of the inability to work during recovery, including potential future earnings if the injuries have long-term effects.
• Pain & Suffering: Non-economic damages to address the physical and emotional distress experienced as a result of the accident.
• Property Damage: Reimbursement for any personal property, such as clothing or personal items, damaged during the accident.
• Wrongful Death Damages: In cases where a pedestrian loses their life due to an accident, surviving family members may be entitled to compensation for funeral expenses, loss of companionship, and more.

Additionally, in some cases, punitive damages can be pursued if the driver’s actions were particularly egregious. These damages serve as a penalty and deterrent against reckless or intentional misconduct. It is crucial for victims to work with legal professionals who can create a comprehensive picture of their financial and emotional losses, ensuring that they receive full compensation for the impacts of the accident.

What Is the Statute Of Limitations for a Pedestrian Accident Claim in Alabama?

Understanding the statute of limitations is essential in filing a successful pedestrian accident claim. Alabama has a two-year statute of limitations for personal injury claims, which includes pedestrian accidents. This means that victims have two years from the date of the accident to file a lawsuit. Missing this deadline can result in forfeiture of the right to seek legal remedies, making timely action crucial.

However, exceptions may apply depending on the specifics of the case. It is essential to consult with a seasoned Mobile pedestrian accident attorney at Satterwhite Reece Law Firm as soon as possible to ensure compliance with the statute of limitations and to initiate the legal process promptly. Legal guidance can help navigate this timeframe and explore any potential exceptions.

What to Expect When Filing a Pedestrian Accident Claim

Filing a pedestrian accident claim involves several critical steps and an understanding of both the legal process and the evidence required to substantiate your case. Initially, it’s important to gather as much evidence from the accident scene as possible, such as photos, witness statements, police reports, and any available surveillance footage. This documentation is vital in building a strong claim.

Once the evidence is collected, you’ll need to file a personal injury claim with the at-fault party’s insurance company or initiate a lawsuit. Understanding the nuances of Alabama’s contributory negligence law is crucial, as any shared blame can impact your ability to recover damages. Throughout this process, having experienced legal representation can make a significant difference in the outcome, as an attorney will advocate on your behalf to secure fair compensation.

Frequently Asked Questions

What Should I Do Immediately After a Pedestrian Accident?

If you are hit by a vehicle, seek medical attention right away, even if you feel fine. Immediate medical evaluation can detect hidden injuries and provide documentation essential for insurance claims or legal actions. Call the police to report the accident, gather evidence such as photos and witness information, and avoid discussing fault at the scene. Contact a pedestrian accident attorney in Mobile as soon as possible.

Can I Still File a Claim If I Was Partially at Fault for the Accident?

• Yes. Alabama follows a contributory negligence rule, which means that if you are found even slightly at fault, you may be unable to recover damages. However, every case is unique, and an attorney can assess whether you have legal options. In some situations, negotiations or alternative legal strategies may be viable, emphasizing the importance of skilled legal consultation.

How Long Do I Have to File a Pedestrian Accident Lawsuit in Alabama?

The statute of limitations for personal injury claims in Alabama is generally two years from the date of the accident. This timeframe underscores the importance of swift action in preparing your case. If you miss this deadline, you may lose your right to seek compensation. Prompt filing can aid in preserving evidence and securing witness testimonies.

Will My Pedestrian Accident Case Go to Trial?

Most pedestrian accident cases are resolved through settlements with insurance companies. However, if a fair settlement cannot be reached, your attorney may take the case to trial to fight for the compensation you deserve. Understanding the potential trajectory of your case can help set realistic expectations and prepare for possible court proceedings.

What If the Driver Who Hit Me Was Uninsured?

If the at-fault driver does not have insurance, you may still have options. You could file a claim with your own uninsured motorist coverage or explore other legal avenues to recover damages. A thorough review of your insurance policy can uncover potential coverage that mitigates financial burdens.

What Types of Compensation Can I Receive for My Injuries?

Compensation in a pedestrian accident case may cover medical expenses, lost wages, pain & suffering, rehabilitation costs, and in some cases, punitive damages if the driver was grossly negligent. Each piece of this compensation puzzle is critical to addressing both immediate and future needs, providing necessary support for comprehensive recovery.

Do I Need a Lawyer for My Pedestrian Accident Claim?

While you are not required to have a lawyer, working with an experienced pedestrian accident lawyer in Mobile can significantly improve your chances of securing maximum compensation. A lawyer can handle negotiations, gather evidence, and protect your rights throughout the legal process. Their insight minimizes errors and maximizes the potential for a favorable resolution.

Injured in a pedestrian accident? Contact us now at (251) 325-5141 to discuss your case and explore your legal options with our experienced attorneys.