Montgomery, AL Pedestrian Accident Lawyers

A stroll through Montgomery, a jog along a familiar path, or simply crossing the street—these everyday activities can turn tragic in an instant when a pedestrian accident occurs. The aftermath is often overwhelming, leaving individuals with severe injuries, mounting medical bills, and a deep sense of vulnerability. When you or a loved one has been hurt in a pedestrian accident, navigating the legal complexities that follow can feel like an impossible task.

At McPhillips Shinbaum, we have extensive experience helping injury victims who have been hurt in pedestrian crashes in Montgomery and throughout Alabama. Attorney Aaron Luck and his team can examine your case and help you determine your legal options. Call us at 334-262-1911 or contact us online to set up a free, no-obligation consultation.

The Realities of Pedestrian Accidents in Alabama

Pedestrian accidents involve a person on foot, a runner, or someone using a skateboard or rollerblades, who is struck by a motor vehicle. These incidents often result in significant harm due to the stark difference in size and protection between a pedestrian and a car, truck, or motorcycle. Unlike vehicle occupants who benefit from airbags, seatbelts, and the vehicle’s frame, pedestrians have no such safeguards.

Common Scenarios Leading to Pedestrian Accidents:

• Driver Distraction: Drivers engrossed in their phones, infotainment systems, or conversations often fail to see pedestrians, especially in crosswalks or at intersections.
• Failure to Yield: Drivers frequently neglect to yield the right-of-way to pedestrians, whether at marked crosswalks, intersections, or when turning.
• Impaired Driving: Driving under the influence of alcohol or drugs severely impairs a driver’s judgment, reaction time, and ability to perceive pedestrians.
• Speeding: Excessive speed reduces a driver’s ability to stop in time and increases the force of impact, leading to more severe pedestrian injuries.
• Disregarding Traffic Signals: Drivers running red lights or stop signs pose an extreme danger to pedestrians who may be crossing with the signal.
• Poor Visibility: Accidents can occur in low-light conditions, at night, or in adverse weather when drivers have difficulty seeing pedestrians, especially if pedestrians are not wearing reflective clothing.
• Dart-Out Accidents: While pedestrians are expected to exercise care, drivers still bear responsibility to be vigilant, particularly in residential areas where children might unexpectedly enter the roadway.
• Improper Turns: Drivers making left or right turns without checking for pedestrians in crosswalks or on sidewalks are a frequent cause of collisions.

Devastating Injuries Sustained by Pedestrians

The force of a vehicle striking an unprotected pedestrian can lead to catastrophic injuries that forever alter a person’s life. These injuries often require extensive medical treatment, long-term rehabilitation, and can result in permanent disability.

Typical Injuries from Pedestrian Accidents:

• Traumatic Brain Injuries (TBIs): From concussions to severe brain damage, TBIs can result in cognitive impairment, memory loss, personality changes, and motor function issues.
• Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, impacting mobility, sensation, and bodily functions.
• Broken Bones and Fractures: Pedestrians commonly suffer multiple fractures to limbs, ribs, pelvis, and skull, often requiring surgery and prolonged recovery.
• Internal Organ Damage: The blunt force trauma can cause damage to vital organs such as the lungs, liver, spleen, and kidneys, leading to internal bleeding and life-threatening complications.
• Soft Tissue Injuries: Ligament tears, muscle strains, and severe bruising, while perhaps not immediately life-threatening, can cause chronic pain and limit mobility.
• Road Rash and Abrasions: When a pedestrian is dragged or scrapes along the pavement, severe skin abrasions can occur, leading to infection, scarring, and the need for skin grafts.
• Amputations: In the most severe cases, injuries may necessitate the amputation of a limb.
• Psychological Trauma: Beyond physical injuries, victims often experience significant emotional distress, including PTSD, anxiety, depression, and a fear of walking or crossing streets.

Establishing Liability in Pedestrian Accident Cases

Determining who is at fault in a pedestrian accident is paramount to securing compensation. Alabama follows a strict legal principle known as “contributory negligence.” This means that if a pedestrian is found to be even 1% at fault for the accident, they may be barred from recovering any damages. This rule makes it particularly important to have strong legal representation to protect your right to compensation.

To establish liability, it is necessary to demonstrate the following elements:

• Duty of Care: The driver owed a duty of care to the pedestrian (e.g., to operate their vehicle safely and adhere to traffic laws).
• Breach of Duty: The driver breached that duty of care through their negligent actions (e.g., speeding, distracted driving, failing to yield).
• Causation: The driver’s breach of duty directly caused the pedestrian’s injuries.
• Damages: The pedestrian suffered actual damages as a result of the injuries (e.g., medical expenses, lost wages, pain and suffering).

Steps to Take Immediately After a Pedestrian Accident

The moments following a pedestrian accident can be chaotic and frightening. However, the actions you take immediately afterward can have a substantial impact on any future legal claim.

Immediate Actions:

• Seek Medical Attention: Your health is the top priority. Even if you feel fine, some serious injuries, like concussions or internal bleeding, may not be immediately apparent.
• Contact the Authorities: Call 911 to report the accident. A police report will document the incident, which can be valuable evidence.
• Gather Information: If possible and safe, collect the driver’s contact information, insurance details, and vehicle make/model/license plate number.
• Document the Scene: Take photos and videos of the accident scene, including vehicle damage, pedestrian injuries, road conditions, traffic signs, and any contributing factors.
• Identify Witnesses: Ask any bystanders if they saw the accident and get their contact information. Their testimony can be crucial.
• Do Not Admit Fault: Avoid making any statements that suggest you were responsible for the accident.
• Preserve Evidence: Keep all medical records, bills, and any other documentation related to your injuries and the accident.
• Avoid Discussing the Accident with Insurers (Initially): Be cautious when speaking with insurance adjusters, as they may try to minimize your claim. It is generally advisable to consult with a legal professional before providing any detailed statements.

Recoverable Damages in Pedestrian Accident Claims

Victims of pedestrian accidents can pursue various types of compensation for their losses. The goal of a personal injury claim is to make the injured party “whole” again, as much as possible, by covering all damages incurred.

Types of Damages:

• Medical Expenses: This includes past and future costs for emergency care, hospital stays, surgeries, doctor’s visits, prescription medications, physical therapy, rehabilitation, and assistive devices.
• Lost Wages: Compensation for income lost due to the inability to work during recovery, as well as future lost earning capacity if the injuries result in long-term disability or prevent a return to the previous occupation.
• Pain and Suffering: Non-economic damages for the physical pain, emotional distress, mental anguish, and discomfort caused by the injuries.
• Loss of Enjoyment of Life: Compensation for the diminished ability to participate in hobbies, recreational activities, and daily life due to the injuries.
• Emotional Distress: Damages for psychological trauma, anxiety, depression, and other mental health impacts resulting from the accident.
• Disfigurement and Scarring: Compensation for permanent physical alterations that impact appearance and self-esteem.
• Wrongful Death: In tragic cases where a pedestrian accident results in a fatality, surviving family members may be able to seek damages for funeral expenses, loss of financial support, loss of companionship, and other related losses.

The Pedestrian Accident Claims Process

Navigating a pedestrian accident claim involves several stages, each with its own complexities.

Stages of a Claim:

• Investigation: Your legal team will thoroughly investigate the accident, gathering evidence such as police reports, medical records, witness statements, accident reconstruction analysis, and traffic camera footage.
• Demand Letter: Once the full extent of your damages is assessed, a formal demand letter outlining your claim and requesting compensation is sent to the at-fault driver’s insurance company.
• Negotiation: The insurance company will typically respond with a counter-offer. Negotiations ensue, where your legal representatives will advocate for a fair settlement that covers all your losses.
• Filing a Lawsuit: If a fair settlement cannot be reached through negotiation, a lawsuit may be filed in civil court. This initiates the litigation process.
• Discovery: During discovery, both sides exchange information and evidence. This can involve depositions, interrogatories, and requests for documents.
• Mediation/Arbitration: Many courts require or encourage alternative dispute resolution methods like mediation (facilitated negotiation) or arbitration (a neutral third party makes a decision) before a trial.
• Trial: If the case proceeds to trial, both sides present their arguments, evidence, and witness testimony to a judge or jury, who will then render a verdict.
• Appeal: If either party disagrees with the trial’s outcome, they may have the option to appeal the decision to a higher court.

Why Legal Assistance Matters in Pedestrian Accident Cases

The aftermath of a pedestrian accident is a physically and emotionally challenging time. Dealing with insurance companies, understanding complex legal procedures, and proving liability while recovering from injuries can be overwhelming. An attorney provides invaluable support and advocacy during this difficult period.

A legal team can:

• Conduct a thorough investigation: Gather all necessary evidence to build a strong case.
• Accurately assess damages: Ensure all current and future medical costs, lost wages, and pain and suffering are accounted for.
• Negotiate with insurance companies: Protect you from lowball offers and ensure your rights are upheld.
• Navigate complex legal procedures: Handle all paperwork, deadlines, and court requirements.
• Represent you in court: If necessary, present your case compellingly at trial.
• Provide guidance and support: Offer peace of mind so you can focus on your recovery.

Injured in a Montgomery Pedestrian Accident? Get Legal Help.

If you or a loved one has been injured in a pedestrian accident in Montgomery, Alabama, you do not have to face the aftermath alone. Aaron Luck and the team at McPhillips Shinbaum, LLP are here to help. We are dedicated to advocating for the rights of accident victims and working to secure the compensation they need to rebuild their lives.

For your free consultation with our Montgomery pedestrian accident attorneys, please call our office directly at 334-262-1911. You can also send us a message or visit our office on Perry Street in Montgomery at your convenience.