Car accidents include more than just two vehicles colliding. Unfortunately, pedestrians minding their own business and going about their day can also be hit by cars. The pedestrian often has more serious injuries than the driver since there is no car to guard against the full force of the impact.
If a motorist hit you, our lawyers can assist you in preparing a case and argue for you in court. The legal process can be lengthy as well as emotionally and mentally taxing, but getting the compensation to return to some sense of normalcy is worth it. You do not need to fight on your own to have medical expenses paid and pain and suffering accounted for.
Call (844) 876-4357 to speak with our pedestrian accident lawyers at Howe Law about your case.
Common Pedestrian Accident Causes in Mobile, AL
Motor vehicles on the road have very different destinations and drivers of different skill levels. The variety of commuting destinations, driving styles, and road conditions can impact what sorts of accidents are likely to happen in a certain area. The reasons a vehicle could hit a pedestrian vary as much as the makes and models of cars on the road.
Unmarked Crosswalks
Most crosswalks have lines or lights showing that it is safe to cross. While these indicators are common, they are not ubiquitous. Many areas where it is perfectly legal to cross the street do not indicate to the driver that it is a special crossing area. A pedestrian has a high chance of being hit if drivers are not paying attention or are careless on the road.
Speeding
It is no surprise that speeding causes car accidents. It is harder to control a vehicle, and drivers have less time to adapt to changing conditions when on the road. Faster vehicles also have more energy behind them, so they cause a more serious impact when they hit someone.
Drunk Driving
Driving under the influence is extremely dangerous. Drinking lowers reaction time and impedes good decision-making. People need to be alert and conscientious of others behind the wheel, and a drunk driver can be neither of those things.
Quiet Cars
Electric vehicles are becoming increasingly present on roadways. They are much quieter than traditional cars. Their diminished sound could hide their presence from someone who is not paying extra attention, listening to music through headphones, or deaf/hard of hearing. An electric vehicle with an irresponsible driver could catch a pedestrian by surprise.
Who Should You Sue in a Mobile, AL Car Accident?
While the driver will almost certainly be liable for your injuries, other parties might also be liable and should be included in your pedestrian accident lawsuit as well.
The Driver
Always sue the driver that hit you in an accident lawsuit. Accidents can happen because of a careless or negligent driver. If a driver hit you because they were speeding or texting while driving, they should be held liable.
The Driver’s Employer
If the driver hit you while working, you should bring their employer in as a party to the action. Employers are responsible for their employee’s negligent actions if the employee was doing something related to work. If, say, a delivery truck hit you while delivering something, their employer could be brought into the lawsuit.
Government Entities
Unrepaired streets can pose a danger to pedestrians. Potholes and other road hazards can make vehicles go off course. Foliage or other obstructions in front of street signs can hide them from drivers. The municipal entity in charge of road maintenance could be responsible for injuries caused by issues like these.
Important Laws in a Mobile, AL Pedestrian Accident Lawsuit
Alabama has some unique laws that are important to know when filing a pedestrian accident lawsuit. If you do not heed these laws, your recovery could be reduced or stopped from filing a lawsuit altogether.
Statute of Limitations
You have a set amount of time to sue anyone involved set by a law called the statute of limitations. Ala Code § 6-2-38 makes it so you have two years after a personal injury to file a lawsuit. After that period, time has run out, your case will be thrown out, and you cannot recover anything.
If you want to sue a local entity, like a city or town, you have six months from the accident to file your claim
The statute of limitations can be “tolled” or be put on hold under some circumstances. For example, under Ala Code § 6-2-8, if you were a minor when the accident happened to you, the timer will not start until you turn 19, at which time you have two years from that point to decide whether to sue or not.
Contributory Negligence in Alabama
Alabama is a contributory negligence state. Contributory negligence is a legal principle that makes it so plaintiffs who partially caused their own injuries cannot recover damages in court.
Many states do not use contributory negligence; however, Alabama is one of five states that use this rule. Contributory negligence states do not allow plaintiffs to recover damages if they are even 1% at fault for an accident.
Alabama Insurance companies and defense lawyers know this and will try to use it to their advantage. They will try and use the facts of the case as well as what you say to make it appear as if part of the accident was your fault.
Your lawyer should handle most communication with an insurance company or opposing counsel. However, in the event that you must speak to either of those parties, take special care to language that might admit fault. Avoid saying you did something “by accident” or that something was “your bad.” Those statements could be used as evidence of partial fault for the accident and prevent you from winning the legal battle.
Talk to Our Mobile, AL Pedestrian Accident Lawyers Today
The How Law pedestrian accident lawyers offer free case reviews at (844) 876-4357.
