Who is liable for my injuries in a pedestrian accident in Alabama?

Understanding who is liable for your injuries following a pedestrian accident in Alabama is crucial when it comes to pursuing compensation for damages. As a state with distinct mixed comparative fault laws, identifying responsibility can be a complex process necessitating professional legal representation.

Pedestrian accidents commonly occur due to reckless or negligent driving. However, determining liability isn't always straightforward. Not only can drivers be found at fault but, under certain circumstances, pedestrians, and even third parties, can be held accountable.

Car Drivers

In many pedestrian accident cases, the liability often lies with the driver of the vehicle involved. There are countless ways a driver can negligently cause an accident. This includes speeding, distracted driving, failing to yield right of way to pedestrians, or drunk driving. If any of these conditions led to your pedestrian injury, the driver would likely be considered liable. Alabama law necessitates motorists to exercise duty of care while on roads, making them responsible for preventing foreseeable harm to others.

Pedestrians

While it may be surprising, pedestrians can also be held partially or wholly liable in a pedestrian accident. For instance, if a pedestrian jaywalks, ignores traffic signals, or suddenly steps into a vehicle's path, they may share a portion of the fault for the injuries sustained. According to Alabama's contributory negligence law, if a pedestrian is found to be even slightly at fault for causing the accident, they may be barred from recovering compensation.

Third Parties

In some cases, entities other than the driver or the pedestrian can be held liable for pedestrian accidents. For instance, if an accident was due to unavoidable circumstances such as poor road conditions or malfunctioned traffic signals, the liability may fall on the entity responsible for maintaining those roads or signals, such as a city or municipal corporation.

Contributory Negligence in Alabama

Alabama is one of the few states that follow the "pure contributory negligence" rule. Under this rule, if you're found to be even 1% at fault, you're barred from recovering any compensation in a lawsuit. This rule applies even if the other party shares a huge portion of the blame. 

However, there are exceptions to this rule, such as the 'last clear chance' doctrine. This inherently means that if the other party had the last clear opportunity to avoid the accident but failed to do so, you could still recover your damages.

Why You Need An Expert Alabama Personal Injury Lawyer

Navigating through Alabama’s complex pedestrian accident laws can be challenging and overwhelming, particularly when you’re already dealing with physical injuries, emotional trauma, and financial uncertainty. 

As a leading personal injury lawyer, Stephen Thompson extensively understands Alabama's personal injury laws and possesses the experience and determination to ensure you receive the justice and compensation you deserve. He can meticulously investigate your case and negotiate with insurance companies to ensure your interests are effectively represented.

Moreover, having a skilled attorney like Thompson on your side is essential when it comes to proving negligence and dealing with contributory negligence laws. His experience in Alabama personal injury litigation can help identify potential third-party liabilities and build a strong case.

Conclusion

Determining who is liable in a pedestrian accident in Alabama requires a comprehensive understanding of Alabama’s contributory negligence and tort laws. This is not a task to confront alone. With the help of an experienced attorney like Stephen Thompson, you have the expertise on your side that can carefully analyze your case, manage negotiations, and stand up for your rights in court. 

As a reputable personal injury attorney, Thompson specializes in personal injury, including motorcycle and pedestrian accidents. He is unwavering in his pledge to helping accident victims in Alabama recover the maximum compensation they deserve. 

It's time to secure your future after a devastating pedestrian accident. Get in touch with Stephen Thompson today for a free consultation – remember, you don't pay unless we win!

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!