A percentage of people fatally and seriously injured in traffic accidents are not inside vehicles. Pedestrians are vulnerable to injury accidents caused by drivers on the roads, and when they are injured, the outcome can be physically, emotionally, and financially devastating. If it happens to you, you can quickly end up facing a mountain of bills and an uncertain future.
Victims of pedestrian accidents: don’t let insurance companies trample on your rights. An Alabama pedestrian accident lawyer can make sure you get your damages covered. The Law Office of Dwayne L. Brown is a pedestrian accident law firm with 30 years of experience fighting for the rights of the injured. Let us put our decades of experience to work for you.
If you or a loved one was injured while walking in Montgomery, Alabama, we encourage you to call us or contact us online as soon as possible after the accident. Our Montgomery personal injury lawyer can handle the communications and negotiations for you so you can focus on recovering.
Why Montgomery, Alabama, Is a Dangerous Place for Pedestrians
Alabama is one of the deadliest states for pedestrian accidents. According to the Alabama Department of Transportation (ALDOT) 2021 Crash Facts report, 125 of the 801 pedestrian accidents were fatal. The state has seen a 56% increase in pedestrian fatalities since 2012.
Distracted driving, speeding, reckless driving, driving while drunk, and other forms of driver negligence can change the lives of injured pedestrians and their loved ones in an instant. When this happens, Alabama gives you the right to file a claim for compensation against the at-fault party. A pedestrian accident lawyer can protect your rights during this process.
Pedestrians Are At-Risk in Alabama
As a response to a dramatic increase in pedestrian injuries, in 2022, the Alabama Law Enforcement Agency (ALEA) launched a public safety campaign called “Everyone Is a Pedestrian.” Despite these steps to lower the pedestrian death rate, pedestrians in Alabama are still injured far too often.
One of the main causes of pedestrian accidents in Alabama is distracted driving. The ALEA has taken steps to raise awareness of the importance of paying attention when you’re on the road by announcing a Distracted Driving Awareness Month. But the truth is, as long as pedestrians and drivers are paying attention to their smartphones instead of the road, accidents will happen.
Who Is at Fault in a Pedestrian Accident in Montgomery?
One of the most important aspects of any Montgomery pedestrian accident claim is proving fault. This is especially critical in Alabama because this is one of the few states that does not have comparative negligence laws. In this state, if you are even 1% responsible for your pedestrian accident, you will be barred from seeking compensation.
In most pedestrian accidents, the at-fault driver is usually liable for damages. In multiple-vehicle crashes, both drivers can be at fault and share liability. While pedestrians are expected to follow the rules and traffic laws, it is more likely that a driver was distracted or did not see the person, causing the collision.
A Montgomery pedestrian accident attorney can conduct an investigation and gather evidence to prove fault in your case. We fight for fair compensation, and the first step is proving that the other driver or drivers are responsible for covering your accident-related costs.
Types of Pedestrian Accident Claims We Represent
At the Law Office of Dwayne L. Brown, we help victims of any type of pedestrian accident that was caused by another party’s negligence. Here are some of the types of pedestrian claims we represent:
No matter who caused your injuries or your loved one’s death, whether it was being struck by a commercial vehicle, a motorcycle, or a car, we can help. Let us take the pressure off of you during the claims process.
Learn more about your legal rights and options in Alabama by reaching out to the Law Office of Dwayne L. Brown. You can contact us 24/7 by calling or filling out our online contact form.
Why Pedestrian Accidents in Montgomery Are So Devastating to Victims
Injuries to pedestrians can be severe. Head injuries are common. Bicyclists may wear a helmet, but pedestrians are unlikely to have any head protection. Because of this, these types of injuries are common in pedestrian-involved crashes:
- Broken bones: Fractures in the arms, legs, or hips can happen as the body gets tossed onto the roadway or pinned under the vehicle.
- Back injuries: The impact may cause herniated/ruptured discs, strained spinal ligaments/muscles, and vertebral compression fractures, leading to ongoing back pain, nerve impingement, and mobility limitations.
- Spinal cord injuries: More traumatic pedestrian collisions cause permanent spinal cord damage that can result in paralysis or loss of sensation or movement in the extremities.
- Head and neck trauma: Pedestrians frequently sustain traumatic brain injuries, facial fractures, skull fractures, concussions, and whiplash-type neck injuries.
- Amputations: Crush injuries under the vehicle’s wheels or bumper can cause dismemberment of toes, feet, lower legs, or hands, requiring prosthetics and lifelong medical care.
- Organ damage: Blunt force impact to the torso can rupture or lacerate lungs, liver, spleen, kidneys, bladder, stomach/intestines, all posing life-threatening hemorrhage risks.
- Fatalities: Because they lack the protection of a vehicle, collisions with cars and trucks often result in pedestrian deaths. Mortality rates increase sharply with vehicle speed.
Any of these catastrophic injuries are possible when a car or truck hits an unprotected pedestrian. Depending on the severity of the injuries involved, the pedestrian could end up requiring a lifetime of costly medical treatments and caretaking expenses.
How Much Is a Montgomery Pedestrian Accident Claim Worth?
When a pedestrian is struck and injured by a vehicle, determining the value of the potential injury claim can be a complex process. There is no average dollar amount for all pedestrian accident cases. The amount of compensation depends entirely on the specific details surrounding your incident and losses.
Calculating a claim’s worth involves considering the severity of injuries and their lingering effects on your life. This process can involve:
- Current and future medical costs
- Property damage
- Lost income
- Diminished earning capacity
- Pain and suffering
No two pedestrian incidents leading to injuries and losses will be exactly alike, so no two claim values can be alike. A pedestrian accident lawyer in Montgomery considers how the accident specifically altered your life across all relevant categories when estimating and arguing for appropriate compensation.
Filing a Montgomery Pedestrian Accident Claim in a Hit-and-Run Accident
There are unfortunate cases of injuries to pedestrians in hit-and-run accidents in Montgomery, Alabama. If the driver is not located, injury claims may be made through the victim’s own auto insurance if they have uninsured motorist coverage.
In some cases, we may be able to identify a hit-and-run driver through an investigation. Evidence like security camera footage, eyewitness accounts, and evidence left at the scene, like vehicle debris, can be used to identify hit-and-run drivers.
When the driver is identified, a Montgomery pedestrian accident lawyer can help you pursue a civil claim against them to collect compensation for your damages. Even when the driver is not identified, we can still go to bat for you to get fair compensation from your own uninsured motorist coverage.
The Deadline to File a Pedestrian Accident Claim in Montgomery, Alabama
According to AL Code § 6-2-38, pedestrians who are injured in an accident involving a motor vehicle in Montgomery generally have a two-year statute of limitations to file any related personal injury claims against the driver at fault. This means victims have 24 months from the date of the accident to take legal action against a careless driver.
Failure to formally make a claim within that two-year window forfeits the right to recover any damages. This is why it’s a good idea to consult an Alabama pedestrian accident attorney as soon as possible after a wreck to preserve your legal right to compensation and avoid jeopardizing your claim’s value.
How a Montgomery Pedestrian Accident Attorney Can Help You Get Maximum Compensation
When you hire a Montgomery pedestrian accident lawyer, you will have a legal advocate by your side who understands how to methodically calculate and validate every category of harm caused by the collision. This detailed injury analysis will be the basis for the value of your compensation.
An injury attorney also applies legal pressure on at-fault parties with evidence of negligence. This can make it more likely that you will be able to settle your case before it has to go to trial. However, if the at-fault party’s insurance company does not offer fair compensation, we aren’t afraid to take them to court.
If you are injured in a pedestrian accident in Montgomery, the first thing you should do is call 911 to get help for any injured parties and make sure a police report is created, which you will need for evidence later. You can get a copy of your report here.
Talk to a Montgomery Pedestrian Accident Lawyer
When a driver causes a pedestrian accident, a claim can be made against the driver’s insurance. It is always a good idea to hire a personal injury attorney to handle negotiations for injuries or wrongful death claims. If negligence was involved on the part of the driver, they may be liable for medical bills, lost wages, lost future income, and pain and suffering.
If you have been injured in a pedestrian accident caused by a driver, contact the Law Office of Dwayne L. Brown in Montgomery to discuss filing an injury claim. Call our Montgomery, Alabama, personal injury law firm or fill out our online contact form to get started on the path to justice.
