Huntsville Pedestrian Accident Attorney
Find a Trusted Pedestrian Accident Lawyer in Huntsville, AL
Thousands of pedestrians are injured each year in accidents involving automobiles. Pedestrians can even be severely injured if the vehicle is only traveling ten miles per hour. Also, even if pedestrians take every safety precaution, they may be hit by drivers who fail to take the necessary care to avoid accidents. If you’ve been injured as a pedestrian in an accident, a Huntsville pedestrian accident attorney at Conchin, Cole, Jordan & Sherrod can answer your questions
What are Some Common Causes of Pedestrian Accidents?
Drivers must avoid hitting pedestrians, even if they are not in a crosswalk or sidewalk. Almost all pedestrian accidents involve negligence.
Some of the more common causes of drivers hitting pedestrians include:
- The driver is speeding or driving too fast for the conditions.
- The driver or pedestrian fails to obey traffic signals and laws.
- The driver is distracted by a cell phone or other distraction.
- The driver is under the influence of drugs or alcohol.
- The driver fails to see the pedestrian.
Whatever the cause of your accident, the injuries you suffer in a pedestrian accident can result in months or even years of pain, suffering, medical expenses, and time missed from work.
Common Injuries in Pedestrian Accidents
In our years of experience with pedestrian accidents, we have recognized some of the most common injuries when a vehicle strikes a pedestrian. Unfortunately, these injuries are often catastrophic or life-changing for the victim. We have handled claims involving all manner of serious injuries, from permanent brain injuries to quadriplegia. We have the power and personnel at our law firm to demand full compensation for any type of pedestrian accident injury in Huntsville.
Here are the most common pedestrian accident injuries:
- Back and spinal cord injuries
- Bone fractures
- Chest and collarbone injuries
- Contusions
- Dislocations
- Face and head injuries
- Lacerations
- Lower extremity injuries
- Muscle sprains and strains
- Organ damage
- Traumatic brain injuries
- Wrongful death
If you suffered injuries that required surgery, put you out of work, caused a disability, or caused emotional anguish, you could be eligible for a substantial compensatory award from the driver who struck you. This also includes the devastating scenario of negligent driving causing the death of a loved one in a pedestrian accident.
Another party, such as the City of Huntsville, could also be liable for your injuries. The attorneys at Conchin, Cole, Jordan & Sherrod can assess your case to help you identify all potential defendants and start the battle to win you compensation.
How to Avoid Pedestrian Accidents
While no amount of precautions can guarantee you will be safe from accidents, there are several precautions you can take to avoid pedestrian accidents.
- Wear bright or reflective clothing to improve your visibility.
- Avoid distractions and remain focused on where you are walking.
- Observe and obey all traffic laws and traffic signals.
- Avoid walking near busy streets when you’ve been drinking, or enlist the assistance of someone sober to help you navigate your walk safely.
- Walk defensively. Assume drivers do not see you or will not yield the right of way to you as a pedestrian.
Following these precautions will help minimize the chance of a pedestrian accident. If you followed the necessary precautions but a negligent driver strikes you, contact a Huntsville pedestrian accident lawyer to hold the responsible parties accountable and recover compensation for your injuries.
How to Prove Liability in a Pedestrian Accident
To obtain compensation for personal injuries in a pedestrian accident in Alabama, you or your lawyer must prove someone else’s liability. The burden of proof in a civil claim falls on your side of the case. When you hire an attorney, you do not need to worry about proving liability. Your lawyer will do it for you by using any available evidence. Proving the liability of a driver, automaker, property owner, or another party generally requires four key elements of proof.
Duty of care. All drivers owe a high standard of care to pedestrians. They must come to complete stops, yield the right-of-way when applicable, and pay attention to the road.
Breach of duty. A driver might breach a duty of care to a pedestrian through some act of negligence, such as distracted driving, drunk driving, or speeding.
The driver’s breach of duty of care must have caused or been a substantial factor in the pedestrian accident in question.
You must have suffered injuries, property damages, lost wages, emotional distress, or physical pain because of the defendant’s actions or omissions.
First, your lawyer will need to determine fault to name the correct defendant(s). Then, your pedestrian accident lawyer will help you serve the defendant with your initial demand letter. If an insurance company refutes liability, your lawyer can help you prove fault based on a preponderance of evidence (the burden of proof in a civil claim). At Conchin, Cole, Jordan & Sherrod, we can take your injury case to court, if necessary, for a fair compensatory award. However, we have successfully settled most pedestrian accident claims without needing a trial.
Can a Pedestrian Be at Fault in an Accident?
It’s a common misconception that pedestrians always have the right-of-way. Although pedestrians are at a greater risk of serious and fatal injuries in a traffic accident, they do not automatically bear the right-of-way in Alabama. Instead, they must follow the rules of the road just like motor vehicle drivers and bicyclists. A pedestrian could be at fault in an accident if they jaywalk or step off a curb at an unsafe time, causing the collision.
Many pedestrian accident lawsuits involve the doctrine of comparative negligence. The driver may try to allege that you caused or contributed to the accident and therefore deserve less compensation. If this is the case, it will be up to your attorney to dispute this defense and prove the driver has the majority fault. As long as your lawyer can prove the defendant was more at fault, you could still receive compensation under Alabama’s modified contributory negligence law.
What to Do If You’ve Been Hit By a Car in Huntsville, AL
- Get medical help if needed.
- Call the police to make a report of the accident.
- Safely move off the roadway.
- Exchange contact information with the driver. Get the driver’s insurance information, including the policy number.
- While waiting for the police to arrive, avoid conversation about the accident. Make no speculation on the cause of the accident or the extent of your injuries.
Why Choose Us as Your Huntsville Pedestrian Accident Attorney?
– We have over 150 years of combined experience.
– We have recovered over $140 million for our clients, including clients involved in pedestrian accidents
– We are known as some of the top injury lawyers in Alabama
Call (256)-705-7777 or submit a form for a free consultation.