Most accidents happen because a vehicle hits another vehicle. However, cars sometimes hit other things – including pedestrians and cyclists. Although these types of accidents are rare, research shows that they are on the rise.
Because cars are heavier and faster than people, car-pedestrian accidents and car-bicycle accidents can cause serious or even fatal injuries. This article discusses your legal rights after being hit by a car while walking or cycling. It will also explain how a Birmingham accident attorney can help.
What Are the Most Common Causes of Pedestrian And Bicycle Accidents?
Many factors play a role in pedestrian and bicycle accidents. This means that people behind the wheel, in the crosswalk, and in the bike lane can contribute to these events. Drivers can cause bicycle or pedestrian accidents by
- Driving under the influence,
- Driving while distracted,
- Speeding,
- Driving aggressively,
- Disobeying traffic rules,
- Failing to pay attention to their surroundings,
- Driving too close to crosswalks or bike lanes, or
- Failing to yield the right-of-way.
While about half of car accidents involving pedestrians and bicycles are caused by drivers, the rest are caused by walkers or cyclists. Pedestrians can play a role in causing accidents by
- Walking while intoxicated,
- Walking while distracted (such as looking down at a phone while crossing the street),
- Crossing outside of a crosswalk or crossing against the signal (Jaywalking), or
- Wearing dark, non-reflective clothes at night.
Bicyclists can also be responsible for crashes. Actions by cyclists that can lead to accidents include
- Cycling while under the influence,
- Failing to pay attention to traffic,
- Refusing to follow traffic rules,
- Riding too fast for the conditions,
- Weaving in and out of traffic,
- Making unsafe lane changes, or
- Failing to signal movements.
Factors outside of anyone’s control can also play a role in bicycle or pedestrian crashes. Things like the weather, road conditions, and bicycle or vehicle malfunctions can increase the risk of an accident even when everyone involved is behaving responsibly.
What Should an Alabama Pedestrian Or Cyclist Do After Being Hit By A Car?
Pedestrians or cyclists who are hit by cars should take immediate action. First, seek medical attention ASAP. You should also
- Call the police. Take note of the officer’s name and the report number.
- Gather contact information from everyone at the scene.
- Take photos of the accident scene, including the placement of the vehicles, any road signs, and the sky (to help note weather and lighting conditions).
- Take pictures of your injuries.
This information will be helpful for your Birmingham injury attorney as they build your case.
How Can I Prove Fault in a Pedestrian or Bicycle Accident Case?
To win an Alabama personal injury case after a bicycle or pedestrian accident, you will have to prove that the driver who hit you was responsible for your injuries. Lawyers call this “negligence.” To prove that the driver was negligent, you (and your Alabama accident attorney) will need to show that you were injured and that: 1) the driver had a duty to drive in a certain way; 2) the driver failed to fulfill that duty; and 3) the driver’s failure caused your injuries.
Proving that the driver had a duty is usually straightforward. Every driver must obey traffic signs and signals and follow the rules of the road. It may be more difficult to prove that the driver ignored that duty or caused your injuries, but an experienced Alabama accident attorney can gather and review evidence – including the evidence that you gathered after the accident – to build your case.
One important note about proof: In an accident, more than one person can be negligent. In most states, a person who contributes to their own injuries can still collect damages from the person who hurt them. However, Alabama follows a special rule called contributory negligence. Under contributory negligence, if you are partially to blame for causing your injuries, you cannot collect damages. This rule applies even if you are just one percent responsible for the accident. So, if you were in a bicycle accident but the evidence shows that you failed to signal your turn before the accident, the driver might claim that your own negligence should keep you from getting any damages. Fortunately, an experienced Birmingham personal injury attorney will know the exceptions to the contributory negligence rule.
What Types of Damages Can I Recover in a Pedestrian or Bicycle Accident Case?
Bicycle and pedestrian accidents can cause serious injuries. People injured in these accidents are often entitled to damages. Courts award damages to injured people to compensate them for the physical and emotional costs of their injuries.
Depending on the facts of your case, you may be eligible for different types of damages. Typical damages in car accident cases include
- Compensation for medical costs,
- Lost wages
- Reimbursement for property damage, and
- Pain and suffering.
How Can a Lawyer Help Me with My Pedestrian or Bicycle Accident Case?
If you decide to take legal action after a bicycle or pedestrian crash, an Alabama car accident lawyer can help. An experienced personal injury attorney can
- Answer any questions you have about the personal injury process,
- Investigate your accident to build your case,
- Talk to insurance companies on your behalf,
- Give you an accurate estimate of the value of your case,
- Negotiate a fair settlement,
- File a lawsuit, and
- Represent you at trial, if necessary.
If you’ve been involved in a pedestrian accident, bicycle accident, or any other type of motor vehicle or trucking accident, please call Collins Law. Our firm has a reputation as one of the best car accident injury law firms in the Birmingham area. Our client reviews praise our communication, compassion, and results. If you need help after an accident, schedule a free, no-obligation consultation by calling 205-588-1411 or using our website’s online scheduling tool.