Huntsville Pedestrian Accident Lawyer

Pedestrian accidents can be particularly brutal, leaving crash victims with severe injuries and lasting trauma. Recovery can leave you with a mountain of medical debt, extended time taken away from work, and financial strains. If you or a loved one has been hurt in a pedestrian car accident, you deserve justice and compensation for your losses.

At Martinson & Beason Injury Lawyers, our Huntsville car accident lawyers are dedicated to supporting you after a collision. We are committed to helping you move forward with your life. Founded in Huntsville in 1937, our firm emphasizes collaborative and accessible communication. We will guide you through the legal process, ensuring you are informed and empowered to make your best choices. Our knowledgeable attorneys are committed to fighting for the compensation you deserve.

Pedestrian Accidents in Huntsville, AL

Like many cities of its size, Huntsville, Alabama faces ongoing challenges with pedestrian safety. Rapid growth, increased traffic volume, and evolving urban planning can create complex interactions between vehicles and pedestrians. These challenges are further compounded by distracted driving, limited visibility at night, and the need for well-maintained crosswalks and sidewalks. While our city has implemented various safety initiatives, the potential for pedestrian accidents remains a concern, requiring continued vigilance and community awareness to ensure the safety of those on foot.

In the last year of reporting data, the National Highway Traffic Safety Administration reported 7,522 pedestrian fatalities and more than 67,000 pedestrian injuries in accidents with motor vehicles. This means that a pedestrian was killed roughly every 70 minutes that year. Unfortunately, pedestrian fatalities have been on the rise in recent years, potentially due to the growing problem of distracted driving.

These accidents frequently occur at night, when visibility is reduced, underscoring the importance of wearing reflective clothing when walking after dark. Children and older adults are especially susceptible, representing over a quarter of pedestrian fatalities and almost 30% of injuries. Drivers are obligated to follow traffic laws, including yielding to pedestrians in crosswalks and when they are on sidewalks, but negligence and careless driving are common, leaving pedestrians at risk.

Causes of Pedestrian Accidents

Pedestrian accidents can occur for many reasons, often stemming from driver negligence or a combination of unfortunate circumstances. A momentary lapse in attention can mean the difference between life and death for a pedestrian. Several key factors contribute to these incidents:

• Distraction: Distracted driving is a pervasive and increasingly dangerous problem. Drivers preoccupied with activities like changing the radio station, conversing with passengers, talking, or texting on a cell phone are simply not focused on the road. These distractions, even for a few seconds, lead to thousands of injuries and fatal accidents each year.
• Alcohol or Drugs: The impairing effects of alcohol and drugs on driving ability are well-documented. These substances significantly hinder reaction time, judgment, and coordination, making it extremely dangerous to drive. Alcohol is a contributing factor in a shockingly high percentage of fatal pedestrian crashes, underscoring the critical importance of never driving under the influence.
• Failure to Obey Traffic Laws: Traffic laws ensure the safety of everyone on the road, including pedestrians. When drivers disregard these rules—by running red lights or stop signs, speeding, failing to yield to pedestrians in crosswalks, or neglecting to look before turning—the risk of a pedestrian collision dramatically increases.
• Other Contributing Factors: In addition to the above, other factors can contribute to pedestrian accidents. These might include poor visibility due to weather conditions, inadequate lighting in certain areas, poorly maintained roads or sidewalks, or even confusing street design.

If you have experienced the trauma of being involved in a pedestrian accident, you understand how life-altering it can be. The injuries sustained can be severe, requiring extensive medical treatment, rehabilitation, and potentially long periods away from work. The resulting medical bills, coupled with lost income, can create a tremendous financial burden, leaving you struggling to provide for yourself and your family while trying to recover. Victims of these accidents must hold the negligent driver accountable for their actions. Contact our Huntsville pedestrian accident lawyers today if you want to discuss your case. 

The Consequences of Pedestrian Accidents

Pedestrian accident cases often involve higher financial stakes due to the inherent vulnerability of those on foot. Unlike vehicle occupants shielded by protective structures and safety equipment, pedestrians are directly exposed to the impact of a collision. This lack of protection frequently results in severe and life-altering injuries. A pedestrian collision typically involves two distinct impacts: the initial strike from the vehicle and the subsequent impact with the ground. Both contribute to the potential for devastating consequences, with injuries frequently resulting in permanent disabilities. 

Speed is a critical factor in pedestrian accidents. Research has consistently demonstrated a strong correlation between a car’s velocity and the severity of injuries or the likelihood of fatality for a pedestrian. For instance, studies show a dramatic increase in the risk of serious injury or death as vehicle speed rises. Even at relatively low speeds, the potential for harm is significant, and the danger escalates exponentially as speed increases. Larger vehicles, such as SUVs and trucks, pose an even greater threat due to their size and mass.

Across all vehicle types, increased speed significantly elevates the risk of pedestrian injury. According to the Insurance Institute for Highway Safety, a pedestrian struck at 20 mph faces a 46% chance of at least moderate injury (like a fracture or concussion) and an 18% chance of severe injury (such as a compound fracture). At 35 mph, these risks escalate dramatically, with an 86% likelihood of moderate injury and a 67% chance of serious harm. The risk of fatality also increases sharply with speed. While the chance of death at 20 mph is only 1%, it rises to 19% at 35 mph and surpasses 80% at 50 mph.

Catastrophic injuries can result in exorbitant costs due to the medical bills and long-term care often necessary. Studies have shown that even non-fatal, serious pedestrian injuries can generate substantial medical expenses and significant lost wages. The emotional toll and changed quality of life also represent a considerable loss, though less easily quantifiable. However, when injuries are catastrophic, these costs soar. Conditions like brain injuries or spinal cord damage can necessitate millions of dollars in lifetime care, making full and fair compensation essential for victims to manage their long-term needs.

Injuries Associated with Pedestrian Accidents

Some of the most devastating injuries from pedestrian accidents include:

• Traumatic Brain Injury (TBI): Forceful impact to the head can bruise the brain or tear delicate tissues, disrupting brain function. This can result in cognitive impairment, motor skill deficits, memory loss, and, in some cases, death.
• Spinal Cord Injury: Damage to the spinal cord, the delicate network connecting the brain to the body, can interrupt communication pathways, potentially leading to paralysis.
• Broken Bones and Fractures: The force of impact in pedestrian accidents often causes broken bones and fractures. Fractures, where a bone breaks into multiple pieces, are particularly dangerous because of the increased risk of infection and complications.
• Crush Injuries and Crush Syndrome: When extreme force compresses a body part, crush injuries restrict blood and oxygen flow, often affecting internal organs and limbs. When a crushed limb’s blood flow is restored after a period of restriction, toxins released into the bloodstream can overwhelm vital organs, potentially causing cardiac arrest, toxic shock, and organ failure.
• Amputation and Limb Loss: Severe crush injuries can necessitate amputation. If blood flow cannot be restored to a damaged limb, tissue death can occur, requiring amputation to prevent the spread of necrotic tissue.

Determining Fault in an Alabama Pedestrian Accident

When a pedestrian is struck by a vehicle, the driver is often, at least in part, responsible for the resulting injuries. To secure compensation, your attorney must demonstrate the driver’s liability for the accident and your harm.

Specifically, your lawyer will need to establish:

• Driver’s Duty of Care: Vehicle operators have a legal obligation to ensure pedestrian safety by adhering to traffic laws and exercising reasonable caution, such as reducing speed when pedestrians are present.
• Breach of Duty: If the driver violated this duty of care—for example, by speeding or failing to yield to a pedestrian in a crosswalk—it can be argued that they were negligent.
• Causation: It must be shown that the driver’s negligence directly caused the accident. In other words, the accident wouldn’t have occurred had the driver acted responsibly.
• Damages: You must provide evidence of any physical, emotional, and financial harm you have suffered as a result of the accident.

It’s common due to the severity of the injuries and damages in a pedestrian accident that the at-fault driver may not have sufficient insurance coverage to fully compensate the victim. This is why our experienced injury attorneys will look to make an uninsured or underinsured motorist claim. If you’re injured as a pedestrian by an uninsured or underinsured driver, Alabama law allows you to bring a claim against the uninsured or underinsured motorist coverage on your own automobile insurance policy. A pedestrian accident attorney can handle this complex legal process for you. Contact our office for a free case evaluation and consultation.

Gathering Evidence to Establish Liability

Our legal team will thoroughly investigate your pedestrian accident and collect evidence to support your claim. This evidence may include:

• Police report documenting the accident
• Eyewitness accounts
• Photos and videos from the accident scene
• Vehicle damage assessments
• Accident reconstruction reports
• Expert medical testimony
• Your medical records
• Documentation of your accident-related losses

We can accurately assess the value of your case once we have compiled evidence substantiating your financial losses. This information will be used to demonstrate to the insurance company the appropriate amount of compensation you deserve. If they fail to negotiate fairly, we are prepared to present this evidence in court to fight for your rightful financial recovery.

Navigating Huntsville as a Pedestrian

While drivers often are responsible for pedestrian accidents, Alabama law outlines specific duties for those on foot as well. Adhering to these responsibilities enhances safety and strengthens one’s position should an accident occur. Here is a breakdown of pedestrian guidelines in Alabama under Alabama Code §32-5A-212:

• Avoid Jaywalking: Crossing streets outside designated crosswalks is illegal and dangerous. Always use marked crosswalks when available.
• Obey Traffic Signals: Heed all traffic signals, including walk signals and stoplights. Only cross when the signal indicates it is safe to do so.
• Yield Outside Crosswalks: Pedestrians do not always have the right of way. If you must cross outside a crosswalk, yield to oncoming vehicles.
• No Diagonal Crossing: In Alabama, crossing an intersection diagonally is prohibited unless directed by law enforcement or a designated diagonal crosswalk exists.
• Use Sidewalks: When available, sidewalks are for pedestrians. Remain on the sidewalk while walking or jogging.
• Maximize Distance from Traffic: Where no sidewalk exists, walk on the shoulder, as far from the road as possible. If there’s no shoulder, walk facing traffic and yield to vehicles.

Non-compliance with these regulations can be used by insurance companies to deny liability, claiming you were at fault. In such cases, a pedestrian accident attorney becomes crucial. They understand Alabama’s liability laws and can advocate for your rightful compensation.

Additional Pedestrian Safety Tips

For added safety and to minimize the risk of accidents:

• Look Both Ways: Always check for traffic before crossing, even with a walk signal.
• Make Eye Contact: Try to establish eye contact with drivers before crossing to ensure they see you. Do not assume they’ll stop.
• Stay Alert: Avoid distractions like cell phone use or headphones that can impair your awareness of your surroundings.
• Be Visible: Wear bright or reflective clothing, especially at night.
• Avoid Walking Impaired: Alcohol consumption can impair judgment and balance, increasing the risk of accidents.

Do Not Delay and Risk Losing Out on Compensation for Your Accident

In Alabama, the statute of limitations for personal injury claims, such as pedestrian accidents, is generally two years. This means that you must file a lawsuit against the at-fault party within two years of the date of the crash. Failing to do so typically bars you from pursuing legal action and gaining compensation for your injuries and losses under Alabama Code §6-2-38. Consult with a pedestrian accident lawyer as soon as you are able to ensure that your claim is filed within this critical timeframe and to protect your legal rights. This rule may have rare exceptions, so it is always best to discuss your situation with a legal professional.

Contact Martinson & Beason For Your Pedestrian Accident Case

You and your family likely have many questions after a pedestrian accident. Martinson & Beason Injury Lawyers is here to help. Contact us today for a free and confidential consultation. We are dedicated to helping individuals like you recover physically and financially. Our Huntsville, AL, pedestrian accident attorneys work on a contingency fee basis, so you won’t pay us unless we secure compensation for you.