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Pedestrian Accidents in Huntsville: Understanding Your Rights
Huntsville is a city on the move. From rockets to the military and all the industry that supports it. With so much going on, pedestrian accidents are a common occurrence in Huntsville, Alabama, and across the United States. Whether you’re walking to work, jogging in your neighborhood, or simply crossing the street, the risk of a pedestrian accident is real. When you are struck by a vehicle, the consequences can be devastating, both physically and financially. If you or a loved one has been injured in a pedestrian accident in Huntsville, it’s essential to understand your legal rights and the steps you should take to protect them.
Wettermark Keith’s experienced pedestrian accident lawyers in Huntsville are committed to helping victims of pedestrian accidents secure the compensation they deserve. This page will guide you through the most important aspects of pedestrian accident claims, from common causes and injuries to the legal rights of pedestrians and what steps to take after an accident.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur for a variety of reasons, often due to the negligent behavior of drivers. Some of the most common causes of pedestrian accidents in Huntsville include:
Distracted Driving
Drivers who are texting, talking on the phone, or otherwise distracted are less likely to notice pedestrians, especially in busy urban areas or at crosswalks. Even brief distractions can lead to accidents, as drivers may not notice pedestrians crossing in front of them until it’s too late.
Speeding
Excessive speed reduces a driver’s ability to react quickly in an emergency, making it more difficult to stop in time to avoid hitting a pedestrian. The faster a vehicle is traveling, the more forceful the impact will be, significantly increasing the likelihood of severe injury or death to the pedestrian.
Failing to Yield Right of Way
Drivers often fail to yield to pedestrians at crosswalks or intersections, which can lead to serious accidents. Pedestrians have the right of way in many situations, and drivers must be aware of these rules. Inattention or impatience can cause drivers to overlook these responsibilities, putting pedestrians at significant risk.
Impaired Driving
Alcohol and drugs, including prescription medications, can impair a driver’s judgment, coordination, and reaction time, increasing the likelihood of accidents. Even small amounts of alcohol or drugs can have a substantial impact on a driver’s ability to assess risks and respond to hazards on the road.
Poor Weather Conditions
Rain, fog, and snow can reduce visibility, making it harder for drivers to see pedestrians. Pedestrians are also more likely to slip and fall in wet or icy conditions. During these times, both drivers and pedestrians must exercise extra caution to prevent accidents.
Running Red Lights or Stop Signs
Running a red light or stop sign can result in a driver colliding with a pedestrian in an intersection, often with little warning for the pedestrian. These traffic violations not only endanger pedestrians but also put other drivers and passengers at risk of serious harm in the same collision.
Pedestrian Accident Injuries
Pedestrians are vulnerable and unprotected in the event of a collision with a vehicle, which means the injuries sustained in a pedestrian accident can be severe and life-altering. Common pedestrian accident injuries include:
Head injuries – Traumatic brain injuries (TBI) and concussions can result from impacts to the head.
Fractures – Broken bones, particularly in the legs, arms, and pelvis, are common in pedestrian accidents.
Spinal cord injuries – Serious back and neck injuries can result in paralysis or long-term disability.
Internal injuries – Injuries to internal organs such as the liver, spleen, or lungs can be life-threatening.
Cuts and bruises – Road rash, abrasions, and contusions are common in pedestrian accidents.
Emotional trauma – PTSD and other emotional and psychological effects may result from the accident.
Wrongful death – In some pedestrian accidents, the severity of the injuries can lead to fatalities, and surviving family members may pursue wrongful death claims.
The severity of your injuries will often determine the extent of the compensation you may be entitled to in a legal claim.
Immediate Steps to Take After a Huntsville Pedestrian Accident
If you are involved in a pedestrian accident in Huntsville, taking the right steps immediately after the incident can help protect your legal rights. Here are the most important actions to take:
Your health and safety should be your first priority. Even if you feel fine, it’s important to get checked by a doctor, as some injuries may not be immediately apparent.
Request that the police come to the scene of the accident to file an official report. This report will be critical for your claim.
If you are able to, take photos of the scene, your injuries, and any damage to property. Obtain the contact information of any witnesses. Gathering as much evidence as possible is important for your case.
Even if you believe the accident may have been partially your fault, do not admit liability at the scene. Let the investigators determine fault based on the evidence.
An experienced pedestrian accident lawyer can help you understand your legal rights and ensure that you take the appropriate steps to protect your interests.
Legal Rights of Pedestrians in Huntsville, AL
As a pedestrian in Huntsville, you have the legal right to walk on public streets and cross roads safely. If you are injured in a pedestrian accident, you may be entitled to compensation for your injuries and losses. Here’s what you need to know about your legal rights.
What Pedestrians are Entitled to
Pedestrians injured in accidents caused by a driver’s negligence may be entitled to compensation for:
Medical expenses – This includes the cost of emergency care, hospital stays, surgeries, rehabilitation, and any future medical treatments.
Lost wages – If your injuries prevent you from working, you may be entitled to compensation for lost income.
Pain and suffering – Compensation for physical pain, emotional distress, and diminished quality of life.
Property damage – If your personal property, like a phone or glasses, was damaged in the accident, you can seek reimbursement for these losses.
Wrongful death – If a loved one dies as a result of a pedestrian accident, family members may be entitled to money for funeral expenses and other costs associated with a wrongful death.
Responsibilities of Drivers
Drivers in Huntsville have a responsibility to be aware of their surroundings, especially in areas with pedestrians. They must:
Yield the right of way to pedestrians at crosswalks and intersections.
Obey traffic signals and posted speed limits.
Avoid distractions, such as using a cell phone, while driving.
Drive sober and alert, paying attention to weather and road conditions.
Follow all traffic laws to ensure pedestrian safety.
If a driver fails to uphold these responsibilities, they may be held legally liable for the injuries they cause.
Proving Negligence in Pedestrian Accident Claims
In order to successfully file a claim for a pedestrian accident, you must prove that the driver was negligent. Negligence is a legal term used to describe a situation where someone fails to act with reasonable care, resulting in harm to another person.
Elements of Negligence
To prove negligence in a pedestrian accident case, your lawyer must demonstrate the following:
Duty of care – The driver owed you a duty to drive safely and follow traffic laws.
Breach of duty – The driver breached that duty by acting negligently (e.g., speeding, running a red light).
Causation – The driver’s breach of duty directly caused the accident and your injuries.
Damages – You sustained damages, including medical bills, lost wages, and pain and suffering, as a result of the accident.
Your attorney will work to gather evidence, interview witnesses, and consult experts to prove that the driver’s negligence caused the accident and your injuries.
Frequently Asked Questions
Immediately seek medical attention, contact the police, gather evidence, and consult with an experienced pedestrian accident lawyer. Even if you feel fine, it’s important to be evaluated by a healthcare professional, as some injuries may not show symptoms right away.
In Alabama, the statute of limitations for personal injury claims is generally two years from the date of the accident. This means you must file your lawsuit within two years or you risk losing your right to pursue compensation altogether.
If the driver’s behavior was particularly reckless or malicious, you may be eligible for punitive damages in addition to compensatory damages. Punitive damages are designed to punish the wrongdoer and deter similar behavior in the future, and they are typically awarded in cases involving gross negligence or intentional harm.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and property damage. The amount of compensation will depend on the severity of your injuries, the extent of your financial losses, and the degree of fault of the responsible party.
At Wettermark Keith, we work on a contingency fee basis, meaning you don’t pay anything unless we win your case. This arrangement ensures that you can pursue justice without worrying about upfront legal costs, and our team is committed to fighting for the best possible outcome on your behalf.
No Recovery, No Fee - Guarantee
At Wettermark Keith, we believe that financial concerns should never stand in the way of seeking justice for medical malpractice. That’s why we work on a contingency fee basis. This means you don’t pay us unless we obtain compensation for your injuries. Our attorneys are committed to fighting for your rights and securing the compensation you deserve, without any upfront costs or out-of-pocket expenses. You can focus on your recovery while we handle the legal complexities.
Huntsville Personal Injury Lawyers: Protecting Your Rights As a Pedestrian
At Wettermark Keith, we are dedicated to protecting the rights of pedestrians who have been injured due to the negligence of others. Our experienced Huntsville personal injury lawyers understand the physical, emotional, and financial toll these accidents can take, and we are committed to helping you secure the compensation you deserve. If you or a loved one has been injured in a pedestrian accident, don't hesitate to contact our firm for a free consultation.