How to Prove Liability in a Pedestrian Accident Lawsuit in Alabama

Motorcycle accidents, including pedestrian accidents, can occur with devastating results. When a pedestrian is involved, the injuries can be severe and life-changing. In Alabama, if you're a victim of such an accident, you may have the right to compensation- but proving liability is a critical step. Attorney Stephen Thompson, a leading personal injury lawyer specializing in motorcycle accidents in Alabama, shares some insights on how to prove liability in a pedestrian accident lawsuit.

Understanding Alabama's Negligence Laws

In Alabama, the important factor to appreciate is this state follows a strict contributory negligence rule. Quite simply, if you, as a pedestrian, are even 1% at fault for the accident, you may be barred from recovering damages. This law underscores the importance of conclusively establishing liability to hold negligent parties accountable.

Investigating the Accident

The investigation process is a vital part of establishing liability. It may include gathering evidence from the accident scene, obtaining police reports, CCTV footage, or witness statements. You might even need accident reconstruction experts or traffic safety consultants to strengthen your case. Experienced motorcycle accident lawyers, like Stephen Thompson, can facilitate this process ensuring you can focus on your recovery.

Violation of Traffic Laws

A primary method to prove liability is demonstrating the defendant violated traffic laws. This could include speeding, ignoring traffic signs, failing to yield, or driving under the influence. If a motorcyclist broke any traffic laws during the accident, it could be considered "negligence per se," and prove their liability in the accident.

Motorcycle Rider's Duty of Reasonable Care

All Alabama motorcyclists have a duty to exercise reasonable care whenever they're on the road, particularly near pedestrians. Proving negligent or reckless behavior like distracted riding, failure to signal while turning, or not using a headlight when required, can establish the rider's breach of duty.

Contributory Negligence

In Alabama's stringent contributory negligence framework, proving the victim was negligent could absolve the offending party from monetary obligations. However, as an adept personal injury attorney, Stephen Thompson can compile a robust case negating allegations of your contributory negligence.

Expert Witnesses

In complex cases, expert witnesses such as accident reconstruction specialists, medical experts, psychologists, or economists can provide essential testimony. Their expert input can help demonstrate the extent of your injuries, the reckless behavior of the defendant, and the lifetime costs you may incur due to the accident.

Dealing with Insurance Companies

Insurance companies will typically aim to reduce the payout or shift the blame towards the pedestrian, stressing Alabama's contributory negligence law. A seasoned lawyer like Stephen Thompson can skillfully negotiate with insurance adjusters to ensure you receive a fair settlement.

Documenting Injuries and Financial Losses

A well-documented record of your injuries, medical treatments, and financial losses can help prove liability. Comprehensive reports can underline the connection between the accident and your injuries, supporting your claim for damages.

Documenting Injuries and Financial Losses

While pedestrian accidents are complex, proving liability in Alabama is achievable. The key to a successful claim lies in extensive investigation, solid evidence, and expert witnesses who highlight the defendant's negligence and its impact on your life. Securing the legal expertise of an experienced motorcycle attorney like Stephen Thompson will significantly improve your chances of securing the compensation you deserve.

While this guide provides a broad overview, remember: no two accident cases are alike; each requires unique strategies and tactics tailored to the specifics of your situation. So, if you're an accident victim in Alabama, feel free to reach out to Stephen Thompson, your partner in navigating the complex landscapes of personal injury and motorcycle accident claims. Your path to justice starts here.

Remember, when your search for a committed, knowledgeable, and passionate Alabama personal injury lawyer leads you to Stephen Thompson, you’re not just getting an advocate; you're getting a partner who will walk with you every step of the way until justice is served.

Free Initial Strategy Session

All Initial Strategy Sessions are Free. If you would like to discuss your options, you are invited to fill out one of the Contact Forms. I will attempt to contact you if I think I can help you.

During your Initial Strategy Session, I will asist you in creating a strategy on how to best pursue your claim, whether it be the result of a Car Accident Claim, 18 Wheeler Injury, or, Alabama Workers' Compensation Claim. At your Initial Strategy Session, you will receive the following:

• First - I will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
• Based on the information that you provide, I will give you my best advice on both what claims you have, and the next steps you should consider to proceed with your claim(s).
• If your claim is something that I think I can help you with, I will explain the services that I can provide for you, and what the next steps are that we should take. We will start working immediately.
• If your matter is something that I do not think I can help you with, then I will attempt to put you in contact with another lawyer that might be able to help you.
• Either way, what should happen is we will put to rest some of the unkowns that you may be experiencing. We will start to shed some light on what you can expect, and how to best pursue the benefits you deserve.

Don't delay getting the recovery you deserve! Contact us today for your free Strategy Session!