In Alabama, as in many other parts of the country, pedestrian safety—or the lack of it—has become a serious issue. Despite national and statewide campaigns to raise awareness of the rights and responsibilities of pedestrians and of the need for drivers to act with reasonable care around them, catastrophic and fatal pedestrian accidents continue to happen at far too high a rate.
At Stokes Stemle, LLC, our pedestrian accident attorneys are lifelong Alabama residents dedicated to making our streets, roads, and highways safer by protecting the rights of personal injury victims and their families.
If you were hit by a car, truck, or other motor vehicle while walking through no fault of your own, we will tirelessly pursue all compensation you are due. For a free consultation, contact us today.
Understanding Pedestrian Safety
Based on recent pedestrian accident statistics, one pedestrian is killed in a crash in this country roughly every minute, according to the Centers for Disease Control and Prevention (CDC). In one recent year, motorists struck and killed nearly 7,500 pedestrians in traffic crashes in the United States, marking a 40-year high, while more than 100,000 pedestrians required emergency room treatment for their serious injuries, the Governors Highway Safety Administration (GHSA) reports.
In that same year, in Alabama alone, 67 pedestrians were killed by motorists, or 15 more pedestrian traffic fatalities than the year before, according to the GHSA. The state’s Department of Transportation notes that pedestrian fatalities in Alabama have surged by 90 percent since only a decade ago.
Fatal pedestrian accidents tend to occur on busy, multiple-lane roads in cities, according to the CDC. Even though stores, restaurants, and other businesses line these roads, which can lead to heavy foot traffic, the posted speed limits typically range from 45 to 55 miles per hour.
As a result, pedestrians must share the area with fast-moving cars, trucks, motorcycles, and other motor vehicles, significantly raising the risk of pedestrians being hit by reckless or careless drivers. Pedestrian injuries tend to be very severe due to the vehicle’s speed, the force of impact, and lack of structural protection.
Common Causes of Pedestrian Accidents
As our Alabama pedestrian accident lawyers have seen through the years, drivers often strike, seriously injure, or kill pedestrians in motor vehicle accidents because they simply fail to exercise reasonable care. Some of the common causes of these accidents are:
- Failing to yield — Many drivers fail to respect when pedestrians have the right of way in crosswalks and other areas.
- Failing to check mirrors — A driver can strike a pedestrian by backing out of a driveway or parking spot without checking their mirrors and looking out for pedestrians or other motorists.
- Speeding — Drivers must always obey posted speed limits, including slower speed limits in commercial areas and around schools, playgrounds, and other areas children frequent.
- Distracted driving — Drivers often fail to see traffic lights, stop signs, and crosswalks at intersections, or to drive at a safe distance from those walking on the side of the road, because they are too busy using their phone, playing with the radio, or talking with their passengers.
- Alcohol or drug impairment — When drugs or alcohol impair a person’s mental and physical ability to be alert and safely operate a vehicle, it can result in speeding, failing to yield, or engaging in other dangerous behavior that puts others at risk.
In some instances, a government agency may be at fault. For example, a pedestrian accident could occur because of a broken traffic light, missing sign, pothole, soft shoulder, or other roadway defect.
Pedestrian Rights and Responsibilities
Drivers in Alabama must follow the rules of the road and use due care when driving around pedestrians. This means that drivers must respect that pedestrians have the right of way in Alabama when they:
- Travel on sidewalks, along the shoulder of the road, or on the far edge of the road, using the left side and facing oncoming traffic.
- Enter or cross an intersection or marked crosswalk while following traffic signals, signs, or orders from a police officer or school crossing guard who is directing traffic.
When it comes to liability in pedestrian accidents, pedestrians have responsibilities as well. They must:
- Use only crosswalks, intersections, pedestrian tunnels, or other marked crossing areas.
- Always obey traffic lights and signs, unless a police offer says otherwise.
- Never cross diagonally at an intersection (unless it is a marked crossing) or cross a street between two marked crosswalks.
Legal Aspects of Pedestrian Accidents
If you have been injured by a careless or reckless driver in a pedestrian accident, you have the right to seek full and fair compensation for the physical, mental, and financial harm you have suffered. Given the catastrophic nature of the injuries that pedestrians typically suffer in such collisions, the amount may be substantial.
At Stokes Stemle, LLC, we will carefully calculate and pursue all available damages to you as an injured pedestrian, which may include:
- Medical expenses (including past costs and future needs)
- Lost wages and diminished future earnings
- Pain and suffering
- Punitive damages (to punish and deter wrongful conduct).
Under Alabama’s contributory negligence law, a person can be barred from recovering any compensation if they are even slightly at fault for their injuries. This is why drivers and insurance companies typically try to shift the blame to pedestrians. An experienced personal injury lawyer will know how to challenge this tactic and protect your rights.
Our Alabama Pedestrian Accident Lawyers Are Ready to Help You
We founded Stokes Stemle, LLC, with a sole focus on helping people whose lives have been changed by personal injuries. Have you been injured in a pedestrian accident in Montgomery, Dothan, Opelika, or elsewhere in Alabama? A pedestrian accident lawyer at our firm can help you understand your rights and options and aggressively pursue all compensation you are due. Contact us today for a free consultation and learn more about how our Alabama pedestrian accident attorneys can help you.
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