Pedestrian Accident Attorney in Birmingham

pedestrian crossing

Pedestrian accidents occur when a vehicle strikes a pedestrian when they’re crossing the road, exiting a vehicle, or even standing on the sidewalk. These accidents can cause traumatic and life-threatening injuries, making seeking compensation through a personal injury lawsuit essential for pedestrians who need to cover their medical bills and other losses.

If you were struck by a vehicle in Birmingham, Alabama, you can file a pedestrian accident claim to recover compensation for your injuries. Attorney April H. Collins and her dedicated team at Collins Law, LLC are ready to assist you with all your legal needs.

Contact Attorney Collins today for a free consultation about your case. During your initial meeting, you’ll learn how our law firm combines integrity, honesty, empathy, and compassion to seek the compensation you deserve.

What Are the Benefits of Hiring a Birmingham, AL Pedestrian Accident Attorney?

Hiring a Birmingham pedestrian accident lawyer to handle your case comes with many benefits. Your attorney will investigate the accident, assist you with filing your lawsuit, negotiate with the insurance companies, and represent you in court. A local attorney also knows the area, including where the accident occurred, and will be familiar with the local court procedures.

In addition to these benefits, Attorney Collins goes above and beyond for every one of her clients by:

  • Working to reduce their clients’ accident-related medical bills upon the resolution of their cases
  • Never taking home more money than her accident victim clients when reaching a settlement or getting a victory in court for their cases
  • Empowering accident victims who feel marginalized by providing dedicated representation and seeking the compensation they need
  • Providing compassionate emotional support to accident victims and their families

What Should You Do After a Pedestrian Accident?

After a pedestrian accident injury, it’s vital that you take certain steps to protect your legal right to seek compensation. The most important steps to take include:

  • Continuing Medical Treatment – While seeking immediate medical treatment is essential after an injury, continuing your treatment until you recover or reach maximum medical improvement (MMI) is just as essential. By continuing your medical treatment, you’re showing the insurance company that you took your injuries seriously.
  • Keeping Your Medical Bills – Retain all medical invoices you receive for your treatments, prescriptions, and medical devices. Your attorney will rely on these bills when calculating your losses. Ultimately, you will seek reimbursement or payment for these bills through your injury lawsuit.
  • Recording Your Memory of the Incident – While your memories of the accident are still fresh, write them down. A fully litigated injury lawsuit can take a year or more to conclude, so these notes will serve as a crucial reminder of specific details you may need to recall.
  • Avoiding Giving a Statement – Insurance adjusters may wish to speak to you shortly after the incident. It’s in your best interest not to provide them with a statement about the accident or your injuries until after consulting a pedestrian accident lawyer in Birmingham. These insurance adjusters want you to say something they can use to harm your case, and your lawyer will coach you through what to say to avoid that.
  • Contacting a Pedestrian Accident Lawyer – One of the best things you can do for your case is to contact an experienced pedestrian accident law firm like Collins Law. Having a knowledgeable lawyer on your side can increase your odds of receiving a favorable outcome in your case.

Who Can Be Held Liable for a Pedestrian Accident?

When a pedestrian is hit by a car, there are typically two primary parties who could be held liable for the resulting injuries. These parties are:

  • Drivers – The most common liable party in a pedestrian accident is the driver of the vehicle that struck the pedestrian. Drivers are responsible for paying attention to the road and being prepared to stop if a pedestrian is in the road. Unfortunately, driver negligence often results in severe or even fatal injuries to pedestrians.
  • Employers – If the driver who struck you was performing job-related tasks at the time of the accident, their employer may also be liable. This is especially true if your attorney can prove that the employer’s business practices, such as pressuring drivers to speed to make more deliveries, contributed to the collision.

Something to keep in mind is that Alabama follows the common law rule of contributory negligence for injury lawsuits. Under this rule, if you share any degree of fault for the accident, you cannot recover compensation for any of your accident-related losses.

Understanding contributory negligence is important because the driver’s insurance provider will likely argue that you were partly at fault for the incident. They may claim that you were looking at your phone instead of checking for traffic or that you “suddenly appeared” in the road. Part of your attorney’s job is to fight back against these claims to protect your right to obtain compensation for your injuries.

Victims can recover pedestrian accident compensation for a variety of accident-related losses, including:

  • Medical expenses for your hospital stays, surgeries, medical treatments, medical devices, prescription medications, and physical therapy
  • Lost wages due to being off work while you recover from your injuries
  • Loss of future earning potential if your injuries impact your ability to work into the future
  • The physical pain and emotional suffering you experience due to your injuries
  • Funeral and burial costs if a loved one died as a result of their injuries

According to Alabama’s personal injury statute of limitations, you have two years from the date of your accident to file a pedestrian accident lawsuit. If you fail to file your lawsuit within this period, you may be barred from seeking compensation in court. A Birmingham pedestrian accident attorney understands the process of filing your lawsuit within this period.

According to Smart Growth America, about 25 pedestrians die in accidents in Birmingham each year, making it the 39th most dangerous metro area in the country for pedestrians. The National Highway Traffic Safety Administration’s (NHTSA) data shows that in a recent year, Alabama had 114 pedestrian deaths, making it the 18th most dangerous state for pedestrians when ranked by fatalities per 100,000 people.

The main causes of pedestrian accident cases all have to do with driver negligence. Some of the most common are:

  • Distracted Driving – Drivers who are texting, talking on the phone, eating, or being distracted in some other way may fail to see pedestrians in the road.
  • Speeding – Drivers who are speeding may not be able to stop in time if a pedestrian enters the road. Speeding decreases a driver’s reaction time and increases their vehicle’s stopping distance.
  • Drunk Driving – Intoxicated drivers may not notice pedestrians in the road or may strike pedestrians who are on the sidewalk. These drivers may also be more likely to flee the scene of an accident.
  • Failure to Yield – When a driver fails to yield the right-of-way to pedestrians in a crosswalk, it can lead to an accident.
  • Blind Spots – Drivers who don’t check their blind spots before turning or backing up could strike a pedestrian hidden by part of their vehicle.

Some of the common injuries sustained by pedestrian accident victims include:

  • Traumatic Brain Injuries – TBIs occur when the brain strikes the inside of the skull after an impact to the head or because of a penetrating injury. These injuries can range from mild concussions to severe and permanent physical and cognitive disability.
  • Fractured and Broken Bones – Pedestrians often suffer fractured and broken bones after being struck by a vehicle, particularly in the legs, hands, and arms. These injuries may take months to heal.
  • Spinal Cord Injuries – The impact of a vehicle collision can pinch or sever the spinal cord. These injuries may result in permanent paralysis.
  • Lacerations – Pedestrians frequently suffer from significant lacerations that require stitches after a vehicle strikes them.
  • Soft Tissue Injuries – Muscles, ligaments, and tendons can suffer strain or tear due to the impact of a collision. These injuries typically require extensive physical therapy and sometimes surgery to recover.
  • Road Rash – If a vehicle strikes and drags a person along the road, they can sustain road rash on any skin that makes contact with the road.
  • Internal Injuries – Internal bleeding and organ damage are life-threatening conditions and require immediate treatment to prevent the injuries from getting worse.

Contact a Birmingham, AL Pedestrian Accident Lawyer Today

Have you suffered an injury in a Birmingham, Alabama pedestrian accident? If so, contact Collins Law today for a free consultation. Our team will review your case, explain your legal options, and walk you through what to expect from the personal injury lawsuit process.

We are ready to help you seek the compensation you deserve for your injuries. Reach out to us today to get started.