Pedestrian Accident Lawyer in Athens, AL

Pedestrian injuries after a car accident tend to be severe, leaving victims with lasting trauma and impacting their lives long-term. Treatment for such injuries can cost a lot of money, especially if the injuries have caused time away from work. If this sounds like something you or a loved one has been through, due to someone else’s negligence, you deserve justice and compensation for your accident.

At Martinson & Beason, P.C., our Athens personal injury lawyers will help you move forward with your life and regain the financial compensation you deserve. Founded in 1937, our firm focuses on clear communication and collaboration with our clients. We will be there with you every step of the way through the legal process, making sure that you understand and are kept up-to-date with what is happening. Contact our pedestrian accident lawyers today to start on your journey toward recovery.

Pedestrian Safety and the Risk of Accidents in Athens, AL

According to a 2024 report from WHNT 19, Limestone County is one of the fastest-growing counties in the state of Alabama. As the county seat, Athens in particular has experienced an increase in new restaurants, homes, businesses, and other developments. It’s estimated that the population in Limestone County grew by 3,800 people in 2023 alone.

Like many cities experiencing growth and increased traffic, Athens now faces a number of issues concerning pedestrian safety. The dynamic interplay between vehicles and pedestrians is shaped by our city’s expansion, rising traffic density, and ongoing development in the area. These challenges are further complicated by factors such as distracted driving, limited nighttime visibility across the city, and the crucial need for well-maintained pedestrian infrastructure. 

To address the realities of the city’s growth, Athens has received a Safe Streets and Roads for All (SS4A) grant. A survey is underway in which local residents can express their concerns about local roadways and driving habits. The information received will be used to create a future Safety Action Plan for Athens’ roadways.

Why Pedestrian Accidents Occur

Pedestrian accidents often stem from factors like distracted driving, congestion, and poor municipal planning. Compromised visibility is one of the major factors in pedestrian accidents, which is why these kinds of incidents tend to occur at night and on streets where drivers don’t always see others who are nearby. While walking in dim light or with little ambient light, a person’s dark clothing can cause them to blend in with surrounding shadows, essentially rendering them invisible. 

Children and older adults in Athens are particularly susceptible to pedestrian accidents due to several contributing factors. Children can be easily obscured by parked cars or changes in elevation, making them difficult for drivers to see, especially when they dart out unexpectedly. Their understanding of traffic safety rules may also be less developed, which can increase their risk-taking behavior near roadways. Older adults, on the other hand, may experience age-related declines in vision, hearing, and reaction time, making it more challenging for them to judge the speed of approaching vehicles or to react quickly to hazardous situations. Additionally, physical limitations can affect their gait and walking speed, increasing their exposure time in crosswalks.

Despite the legal obligations placed on drivers in Athens to prioritize pedestrian safety under Alabama Code §32-5A-212, including yielding the right of way in marked crosswalks and on sidewalks, negligence and careless driving continue to be significant contributors to these accidents. These include driver issues such as:

• Distracted driving due to texting, eating, drinking, interacting with passengers, and other issues
• Exceeding posted speed limits, reducing a driver’s reaction time, and increasing the severity of injuries in the event of a collision
• Impaired driving due to alcohol or drugs compromises a driver’s judgment, coordination, and ability to perceive and react to pedestrians
• Running red lights or stop signs
• Disregarding traffic laws with illegal turns, driving on the wrong side of the road, and other violations
• Failing to yield the right-of-way in crosswalks or on sidewalks
• Aggressive driving, such as weaving through traffic, making unsafe lane changes, and incidents involving road rage
• Operating a vehicle when excessively tired leads to slowed reaction times and impaired judgment
• Driving while experiencing a medical episode that impairs driving abilities (e.g., seizure, narcolepsy, heart attack)
• Inexperienced driving and poor judgment

Determining Liability in an Alabama Pedestrian Accident

In Alabama, when a pedestrian is injured by a vehicle, the driver’s actions often play a significant role in determining responsibility. To successfully pursue compensation for your injuries, your attorney will need to clearly establish the driver’s liability for the harm you have suffered. Specifically, your pedestrian accident lawyer will work to demonstrate the following critical elements:

• The Driver’s Legal Duty of Care: Alabama law holds vehicle operators responsible for ensuring the safety of pedestrians. This includes obeying all traffic regulations and exercising reasonable caution, such as reducing one’s speed when pedestrians are nearby or visible.
• The Driver’s Breach of this Duty: If the driver did not uphold this duty—for instance, by speeding through a pedestrian zone or neglecting to yield to someone in a marked crosswalk—it can be argued that they acted negligently.
• Direct Causation of the Accident: A clear link must be established showing that the driver’s negligence directly caused the pedestrian accident. In other words, the incident would not have occurred if the driver had acted responsibly and within the law.
• Documented Damages: You will need to provide comprehensive evidence of all the physical, emotional, and financial damages you have incurred as a direct result of the accident.

Navigating this intricate legal process can be challenging. A dedicated pedestrian accident attorney can expertly handle each of these steps on your behalf. Contact our office today for a complimentary case evaluation and consultation to discuss your situation.

What If I Am Partially Liable in My Pedestrian Accident?

While drivers often bear the primary responsibility in pedestrian accidents, Alabama law recognizes the possibility of shared liability, where the pedestrian may also be found partially at fault for the incident. This concept, known as contributory negligence, can significantly impact a pedestrian’s ability to recover compensation. Alabama adheres to a strict form of contributory negligence, so if a pedestrian is found to be even 1% at fault for the accident, they are barred from recovering any damages from the liable party.

Understanding situations that might lead to a finding of shared liability is crucial. These scenarios often involve actions by the pedestrian that deviate from reasonable care for their own safety. Some common examples include:

• Jaywalking and Failure to Obey Traffic Signals: Ignoring “Don’t Walk” signals or proceeding into a crosswalk when it is unsafe to do so can contribute to an accident. Pedestrians in areas like downtown Athens or near busy intersections on University Drive are expected to adhere to these signals.
• Walking Along Roadways Where Sidewalks are Available: If a pedestrian chooses to walk in the travel lane of a road when a usable sidewalk is present, particularly on busier streets like Memorial Parkway, this can be seen as a failure to exercise reasonable care for their own safety.
• Darting Out into Traffic: Suddenly stepping into the path of an oncoming vehicle without looking or providing the driver with adequate time to react is a dangerous action that can lead to shared liability. This is especially hazardous in areas with high traffic volume.
• Walking While Intoxicated or Distracted: Similar to drivers, pedestrians who are under the influence of alcohol or drugs, or who are significantly distracted by their phones or other devices while walking in or near roadways, may be deemed contributorily negligent if their impairment or distraction contributed to the accident.  
• Failure to Wear Reflective Clothing at Night: While drivers have a responsibility to see pedestrians, failing to wear light or reflective clothing when walking at night, especially on poorly lit roads outside of Athens’ central areas, can be seen as contributing to the reduced visibility and thus the accident.  
• Walking on Prohibited Areas of Roadways: Certain areas, like highways or interstates, often prohibit pedestrian traffic for safety reasons. Walking in these areas can be considered a negligent act contributing to any resulting accident.  

Even if a driver was negligent, the insurance company or the court will scrutinize the pedestrian’s actions to determine if they also contributed to the accident. If any degree of fault is assigned to the pedestrian under Alabama’s strict contributory negligence rule, their compensation claim will likely be denied entirely. If you have been involved in a pedestrian accident in Athens where your actions might be questioned, it is even more critical to consult with an experienced pedestrian accident attorney, who can potentially mitigate findings of contributory negligence.

How Long Do I Have to Submit My Claim or File a Lawsuit?

One of the biggest factors in pursuing a pedestrian accident claim is the timeliness of filing. In Alabama, the law sets a two-year statute of limitations for filing personal injury lawsuits, including those stemming from pedestrian accidents. Even if you do not plan to pursue a lawsuit and just hope to settle out of court with the at-fault party’s insurance company, the sooner you get started, the better. If, for whatever reason, the at-fault party’s insurance adjuster denies your claim or tries to get you to settle for less than your injuries deserve, you will need to consider filing a lawsuit.

According to Alabama Code §6-2-38, you must initiate legal action against the responsible driver within two years of the date the crash occurred. If you fail to do so, you will generally be legally barred from pursuing any compensation for your injuries and losses. Therefore, it is vital to consult with one of our pedestrian accident lawyers as quickly as possible after an accident to ensure your claim is filed within this crucial timeframe and your legal rights are protected. While rare exceptions to this rule might exist, it is always best to discuss your specific circumstances with a legal professional to determine the applicable deadline.

Compensation Pedestrian Accident Victims May Be Able to Receive

If you were injured in a pedestrian accident due to the negligence or wrongful actions of a driver, you may be entitled to seek various types of compensation under Alabama Code §6-2-38. The goal of this compensation is to help the injured pedestrian recover from their losses, both tangible and intangible. The specific types of compensation you may qualify to receive typically fall into two categories:

• Economic Damages: Intended to cover the actual monetary losses you have incurred as a result of your accident, these are generally quantifiable and can include medical expenses, lost pay, property damage, and out-of-pocket expenses. Keep thorough documentation and receipts to show all your expenses and lost income, such as medical bills, pay stubs, and receipts.

• Non-Economic Damages: Intended to compensate you for the intangible losses, these address the impact the accident has had on your quality of life and well-being, including: pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, disfigurement, and loss of consortium. Determining the value of these is more subjective and is often considerably helped by working with a pedestrian accident attorney.

Punitive Damages in Alabama

Punitive damages are not intended as compensation to the victim, but rather to punish the at-fault party for particularly reckless, malicious, or intentional wrongdoings and to deter similar behavior in the future. In Alabama, these are less common in typical negligence cases but can be awarded by the court when the driver’s actions were exceptionally harmful or showed a conscious disregard for the safety of others. Ask your pedestrian accident attorney if they believe you may be entitled to pursue punitive damages in your case.

Contact Athens Pedestrian Accident Attorneys to Get Justice Today

In the aftermath of a pedestrian accident, navigating the legal process can feel overwhelming. Martinson & Beason, P.C., your local Athens pedestrian accident attorneys, are here to guide you. We are committed to helping individuals in our community recover physically and financially. 

Because we work on a contingency fee basis, you can explore your legal options and pursue your claim without any upfront financial risk. You only pay our fees if we win compensation for you. Contact us today for a free and confidential consultation.