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Pedestrian Accident

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Pedestrian Crosswalk Accident Attorney in Opelika

Pedestrian Crosswalk Accident Attorney in Opelika

Alabama is not just a dangerous place to drive (in a single year, there were over 800 reported car-accident related fatalities); it’s a dangerous place to walk. Alabama is ranked as one of the most dangerous states in the nation for pedestrians, with dozens of pedestrians losing their lives in motor vehicle-involved accidents every year in our state. In Auburn, the data is hardly any better – there are hundreds of motorists, passengers, and pedestrians injured in Auburn every year, as well as a handful of people killed.

Walking is extremely beneficial, and should be something that a person feels safe to do, especially in their own city. At the Alsobrook Law Group, we are outraged by the number of pedestrian accidents that take place every year, and believe that negligent drivers should be held responsible for the damages they cause. If you have been involved in a pedestrian accident in Auburn, please call our law firm today for a free legal consultation.

Causes of Pedestrian Accidents in Auburn

There is definitely an argument to be made for the claim that all pedestrian accidents are preventable and would not occur but for the negligence of one of the parties involved. Indeed, most pedestrian accidents occur simply because a driver never sees the pedestrian before it’s too late. Some of the top causes of pedestrian accidents in Auburn include:

  • Right-hand turn accidents. It is common for a pedestrian to be hit by a driver who is making a right-hand turn as the pedestrian is traveling straight through the intersection. This happens for a number of reasons, including that right-turning drivers and pedestrians are often both given the green at the same time, and that drivers tend to look left for oncoming traffic before turning right.
  • Left-hand turn accidents. Pedestrians are also in danger when they are crossing an intersection and a driver is making a left-hand turn, often straight into the pedestrian’s path. Again, this is usually a result of the driver looking for oncoming traffic, not checking the crosswalk before proceeding.
  • Speeding, failure to yield, drunk driving, and distracted-driving accidents. When accidents occur at times other than when a driver is making a right- or left-hand turn, there is usually another factor involved, such as speeding, failing to yield, aggressive driving, drunk driving, distracted driving, or another form of negligence. It is very rare for a driver who is following all posted traffic laws and operating their vehicle with a high degree of care to hit a pedestrian.

Of course, some pedestrian accidents are caused or contributed to by a pedestrian’s failure to act with care. Crossing without having the right-of-way, crossing outside of a crosswalk, and entering an oncoming vehicle’s path are all lawless and dangerous. While not against the law, walking while distracted or impaired can also be extremely dangerous.

Injuries from a Pedestrian Accident

Pedestrian accidents are horrific, often leaving both parties involved traumatized, and one party—usually the pedestrian – with life-changing or fatal injuries. As shocked and repentant as the driver may be, it is the pedestrian who will likely face long-term or permanent disability, a diminished quality of life, scarring and disfigurement, a loss of income, high medical bills, and other serious losses as the result of a crash.

While injuries vary on a case-by-case basis depending on things like the speed and force involved, common conditions that can result from these types of accidents include:

  • Traumatic brain injuries;
  • Spinal cord injuries;
  • Facial injuries;
  • Road burn injuries;
  • Lacerations;
  • Internal injuries;
  • Back and neck injuries;
  • Bone fracture injuries;
  • Soft tissue injuries; and
  • Psychological injuries.

These injuries are not only painful and debilitating, but also very costly both short- and long-term for the pedestrian and their family.

Your Rights After an Auburn, AL Pedestrian Accident

If you are hit by a car, the first thing that you should prioritize is getting medical attention and focusing on your recovery. As soon as possible afterward, though, you should start thinking about your legal options and how to recover compensation to pay for your numerous costs.

In Alabama, injury victims are permitted to file a claim against the at-fault party for damages. While the process will begin by filing a claim against the at-fault driver’s liability insurance, it could morph into a personal injury lawsuit should reaching a settlement prove impossible.

As part of your claim, you maintain the right to pursue damages for the full value of your losses. This includes compensation for your pain, suffering, medical expenses, lost wages, and any other economic or noneconomic damages.

In order to preserve your right to compensation, you must act within the statute of limitations. In Alabama, the statute of limitations is usually two years from the cause of action. As such, know that if you do not pursue your suit within the allotted timeframe, you may have your claim thrown out.

Finally, note that while you do maintain the right to pursue compensation for your full damage award, being able to prove the fault of the driver who hit you (or any other party against whom you’re filing a claim, such as the party responsible for traffic light maintenance) is of the utmost importance. This is because Alabama applies the defendant-friendly legal doctrine known as contributory negligence. While it may not be applied in out-of-court negotiations, it will be applied if your case goes to court. The rule holds that a plaintiff who contributes to their own injuries in any way at all, even by a mere one percent, will be barred from recovering damages.

Call Our Auburn Pedestrian Accident Lawyers Today

Being involved in a pedestrian accident in Auburn can be a shocking and devastating experience. If you have been hit by a car, our lawyers want to help you recover the compensation award that you deserve. To schedule a free consultation, call us today at (334) 360-9534 or message us online. You may also stop.

Zachary D. Alsobrook

Zach Alsobrook

ATTORNEY AT LAW

Zachary D. Alsobrook is a partner in the Opelika law firm of Alsobrook Law Group, where he concentrates his practice in the areas of criminal defense and DUI; divorce, child custody…

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