Decatur AL Pedestrian Accident Lawyer
We can help you in Madison, Morgan, Lawrence and Limestone Counties and the surrounding areas.
Have you or a loved one been seriously injured or killed while walking in Alabama? Approximately 5,000 pedestrians are killed every year in the United States. If you have been seriously injured by a negligent driver while walking along the streets of Birmingham, Huntsville or Decatur, Alabama, it is of utmost importance to call a pedestrian accident attorney now. Randy Ferguson is a pedestrian accident lawyer, and offers no obligation, FREE CONSULTATIONS to all pedestrian accident victims. We also offer the only Lowest Fee Guarantee in Alabama. We know you have questions. Let our team help cut through the red tape and get you the compensation you deserve. Call 256-534-3435 or 1-800-752-1998 for immediate assistance from one of our attorneys. We are here to help.
Alabama Pedestrian Laws
Alabama has several right-of-way laws that apply to pedestrians. These laws exist to protect vulnerable pedestrians. A number of pedestrian versus vehicle collisions in Alabama occur because motorists fail to follow these laws.
- Motorists must never drive on sidewalks that are designated as safe routes for pedestrians.
- Drivers must stop and yield the right-of-way to pedestrians who are crossing in marked or unmarked crosswalks or at intersections. Motorists should wait when other vehicles are stopped at a crosswalk. Vehicles that are stopped may be letting pedestrians cross.
- Motorists must also stop and yield the right-of-way to pedestrians and other vehicles especially when pulling out parking lots or driveways.
- Motorists must allow older, younger and disabled pedestrians ample time to cross the road.
- Even when a pedestrian is walking outside a crosswalk, a motorist is expected to exercise due caution.
Pedestrian Accident Injuries
Every accident involving a pedestrian is different, and the extent of injuries suffered will vary between cases. The most common types of injuries we deal with on a daily basis includes the following:
- Broken bones: Fracture to legs and arms due to the impact of the vehicle.
- Paralysis: Cervical spine injuries.
- Burns and scarring: Scars caused by surgery or injuries from the accident.
- Loss of limbs: amputations that affect ability to work and enjoy life.
- Spinal cord injuries: back and neck injuries that cause pain and inability to function normally.
- Head injuries: Traumatic brain injuries (TBI’s) can cause life long problems.
- Joint, muscle, back, neck, and bone injuries: Often require surgical intervention and physical therapy.
- Brain injuries: traumatic brain injuries.
- Knee injuries: ligament and tendon damage often requiring surgery.
- Whiplash: soft tissue injuries.
- De-gloving: Injuries where skin and muscle away from the bone.
- Wrongful death: In Alabama you can recover punitive damages only.
- Internal injuries: Internal injuries to the liver, lungs, kidneys or the heart.
Causes of Pedestrian Accidents
Pedestrian can be injured by a wide range of factors, from improperly designed intersections to inattentive driving. Pedestrians have certain rights when using public roads or crossing intersections. It only takes a second for a distracted, intoxicated, or careless driver to cause serious injuries. Some of the main causes include the following:
- Driver inattentiveness: Speaking on a cell phone, reading, grooming, texting, eating or drinking while driving, changing the radio station, programming a GPS, putting on makeup and many other activities can distract a driver and cause accidents.
- Driver confusion: In Huntsville, many drivers are unfamiliar with the city roads and one-way streets. When drivers are trying to read a map or street signs, they can overlook pedestrians and cause serious accidents.
- Aggressive driving: Violating traffic signals and signs, right-of-way violations, incidents of road rage, improper turning and unsafe speeds are among the top causes of pedestrian accidents.
- Dangerous intersections: Sometimes the design of the intersection itself causes or contributes to the accident.
- Walkers confusion: jaywalking, or crossing in the middle of the street, outside of a crosswalk
- Violating Laws: crossing against the traffic signal (i.e. in the crosswalk but against a red “Do Not Walk” command)
- Drinking Alcohol: entering a street or highway while intoxicated, and
- Walking Roadways: walking along highways, bridges, or causeways where pedestrian access is prohibited.
- Illegally Parked Cars: making it difficult to see pedestrians and bicycles.
- Using an electronic communication device.
- Texting: texting while driving.
- Talking to passengers: being distracted by talking to children and adult passengers.
- Eating and drinking: eating or dropping food or drinks causing accident.
- Adjusting the radio:. adjusting the radio and taking your eyes off the road.
- Reading map or street signs: Reading a map or looking for signs often when lost or on unfamiliar road.
Damages Recoverable for Serious Pedestrian Injuries
If you suffered a serious injury or your loved one was tragically killed in a pedestrian accident, you may be able to file a lawsuit to collect monetary compensation for the damages associated with your injury or loss, including:
- Medical bills
- Lost earnings and wages
- Impaired earning capacity
- Life care costs
- Occupational rehabilitation
- Loss of relations
- Pain and suffering
- Property damage
- Punitive damages in wrongful death cases.
PEDESTRIAN INJURY STATISTICS
Pedestrians traffic accidents occur nearly 215 times a day. Nearly 70% of pedestrian fatalities are men. Confusion, talking on the phone, texting, eating and inattention are the two main reasons that accidents take place. Males have a high occurrence of accidents, along with young people, smaller children, of course, and then the elderly.
According to the CDC, in 2017, 5,977 pedestrians were killed in traffic crashes in the United States. Additionally, an estimated 137,000 pedestrians were treated in emergency departments for nonfatal crash-related injuries in 2017. Almost half (47%) of crashes that resulted in a pedestrian death involved alcohol for the driver and/or the pedestrian. On average, a pedestrian was killed every two hours and injured every eight minutes in traffic crashes. Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash. In 2017, pedestrian deaths accounted for 16 percent of all traffic fatalities, and made up 3 percent of all the people injured in traffic crashes. On average, a pedestrian was killed every 88 minutes in traffic crashes in 2017. Pedestrians aged 65 and older accounted for 20% of all pedestrian deaths and an estimated 10% of all pedestrian injuries in 2017. One in every five children under the age of 15 killed in traffic crashes were pedestrians in 2017.More than two-thirds (70%) of the pedestrians killed in traffic crashes were males in 2017.
This year, if the statistics are any indication at all, another 70,000 pedestrians will be injured in traffic-related accidents, and 5,000 more will die. We also know from statistics that nearly half of those deaths will occur between 3:00 and 4:00 p.m., when our children are on their way home from school.
Pedestrian Safety Tips
Pedestrians should always try to do the following to stay safe while walking:
- Always use designated crosswalks.
- Make sure you never play, push or shove others when you walk around traffic.
- Carry a flashlight at night and wear reflective clothing, such as reflective clothing or vests.
- Watch for cars backing out of driveways and parking spaces.
- Walk on a sidewalk or path instead of the road.
- Walk on the shoulder and facing traffic if a sidewalk or path is not available.
- Do not drink alcohol before or while walking on the streets.
- Pay close attention if wearing headphones and/or talking on the phone.
- If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic.
- Never assume a driver sees you.
- Make eye contact with drivers as they approach to make sure you are seen.
- Maintain control of your dog while walking.
- Wear sun glasses when walking in blinding sun.
- Children exiting buses should look left-right-left for cars before crossing a street.
Safety Tips For Motor Vehicle Drivers
Drivers should always try to do the following to prevent accidents with pedestrians:
- Never drink alcohol or use illegal or prescription drugs that affect driving.
- Watch for pedestrians everywhere.
- Slow your speed in residential areas where children and pets might be playing.
- Slow your speed at night and in bad weather.
- Slow down and be prepared to stop when turning or otherwise entering a crosswalk.
- Yield to all pedestrians.
- Never pass vehicles stopped at a crosswalk.
- Always stop for school buses.
- Follow the speed limit and traffic signs.
- Be careful in school zones and slow down.
- Always look before backing out of parking spaces and driveways.
Frequently Asked Questions About Pedestrian Accidents in Alabama
If you have suffered an injury in a pedestrian accident, you probably have questions. The most common questions we are asked include the following:
How much is my case worth?
Each pedestrian accident case is different. The value of your cases depends on your medical bills, injuries, insurance available and many other things. You can recover for:
- Past and future medical bills: Ambulance, doctors, surgery, hospitalization, physical therapy, MRIs, X-rays, injections, medications, and adaptive medical devices.
- Lost wages, including diminished future earning capacity: You can recover past and future lost wages.
- Pain, suffering, and emotional distress: All of the pain related to physical injuries incurred in accident.
- Rehabilitation and nursing services: Costs to do rehab and in home nursing care.
- Permanent impairment and/or disfigurement: Compensation for scarring, amputations and permanent impairments that limit ability to work.
- Wrongful death: Damages for the death of your loved one.
When a car hits a pedestrian, who is at fault?
Every accident is unique. Was the driver texting or violating the law? Did the pedestrian jaywalk or walk out into traffic? It all depends on the facts of your case. Our pedestrian accident attorneys can help you determine liability./
What should I do after a pedestrian accident?
Always call 911 and do an accident report. Get names and numbers of witnesses and get medical treatment immediately. Do not talk to the insurance company before you talk to an attorney. Do the following:
- Call for the police and an ambulance for immediate medical attention.
- Do not admit anything to any of the parties or police.
- Get witness information.
- Exchange contact and insurance information with all parties involved in the accident.
- Do not speak with the insurance adjusters before talking to us.
- Take photos of the accident scene, the vehicles involved, and any injuries you sustained.
- Don’t sign any release forms or checks before speaking with an attorney.
Can I File a Lawsuit if my Family Member was Killed?
Yes. In Alabama you can only recover punitive damages.
How Long Do I Have To File A Lawsuit?
2 years in Alabama.
Why Hire Pedestrian Accident Attorneys Ferguson and Ferguson
The law offices of Ferguson and Ferguson takes pride in giving each client individual and personal attention.
- We are committed to excellent client service.
- We care about our clients, and have patience.
- Free phone consultation 7 a.m. to 7 p.m. and Saturdays
- Free office consultation as late as 7 p.m. and Saturdays also
- Locations near you
- We answer all our clients calls, or return them promptly.
- We keep our clients informed of the status of their case.
- We make sure that our clients understand each step of their case.
- We have great compassion for the physical, emotional, and financial problems that our clients suffered, and will do everything possible to get them through their difficult time.
If you have suffered a pedestrian-related traffic injury in Decatur or Huntsville, Alabama, you can pursue the liable party for your injuries. Our seasoned pedestrian accident attorneys have already handled thousands of cases involving pedestrians. If you or someone you love is injured in a pedestrian related accident, call Ferguson & Ferguson. Call 256-534-3435 or 800-752-1998. Remember, your consultation is free, and you pay nothing unless we win your case! We are here to help.