Pedestrian accidents can be devastating. On top of that, the legal side can be extremely stressful to navigate. However, you do not have to face these challenges alone. At Guntersville Law, LLC, we're committed to providing comprehensive legal services and support to individuals who have been involved in pedestrian accidents. We understand the challenges that arise following these life-altering incidents. We're here to guide you through the legal process, fighting for the compensation you deserve.
Our team of dedicated attorneys has a proven track record of successfully representing clients in Guntersville, Alabama, and surrounding areas.
Determining Liability
In pedestrian accident cases, establishing liability is crucial for obtaining compensation. In Alabama, we have the “Pedestrian Right of Way Law.” This law outlines the rights and responsibilities of both pedestrians and drivers. Pedestrians have the right of way in crosswalks and intersections, and drivers must yield to them. However, it's important to note that not all states have this specific law, so liability can vary depending on your location.
Pedestrian's Responsibilities
Pedestrians also have responsibilities when it comes to ensuring their safety. It's crucial for those on foot to exercise caution and follow traffic laws when crossing the road.
You may have heard the saying, "pedestrians always have the right of way," but that's not always the case. If a pedestrian is jaywalking or ignoring traffic signals when an accident happens, they could share some of the blame. In these situations, each state has "shared fault" rules that can influence how much compensation an injured pedestrian might get if they were partially at fault for the accident.
For instance, even when a pedestrian had the right of way while crossing the street, if they were distracted by their phone and didn't look up while crossing, they might be found partially at fault for their injuries.
Driver's Responsibilities
As drivers, we all have a duty of care to act responsibly and ensure the safety of others on the road, including pedestrians. We have an obligation to obey all traffic laws, like stopping at crosswalks and yielding the right-of-way when necessary.
But it goes beyond just following the law. It's also about being vigilant and aware of our surroundings. Are there children playing nearby who might run into the street? Is there an elderly person crossing the road who might need more time? As drivers, it's our responsibility to anticipate these situations and respond accordingly.
In some instances, hazardous conditions such as poor lighting or dangerous road conditions may contribute to a pedestrian accident. In these scenarios, establishing liability can be more complex.
Fault Determination
Alabama follows a fault-based system in personal injury cases, including pedestrian accidents. This means that the party at fault for the accident is responsible for compensating the injured party. However, Alabama also follows a comparative fault rule. If the injured pedestrian is found to be partially at fault, their compensation may be reduced proportionally. For instance, if the pedestrian is found to be 20% at fault, their compensation will be reduced by 20%.
Remember, when it comes to pedestrian accidents, the situation can get complicated quickly. It's important to consult with a legal professional to understand your rights and responsibilities.
Statute of Limitations
It's crucial to be aware of the statute of limitations for filing a personal injury claim in Alabama. The statute sets a time limit for how long you have to file a claim following the accident.
In Alabama, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two years from the date of the accident. We urge you to consult with us as soon as possible to ensure you meet this deadline.
Damages Available
If you're the victim of a pedestrian accident, it's important to take certain steps to protect your rights and strengthen your claim. This includes seeking immediate medical attention, documenting the accident scene, gathering witness statements, and consulting with experienced attorneys like us. If you're representing a loved one who was incapacitated or lost their life in a pedestrian accident, it's crucial to seek legal representation to help navigate the legal process and seek justice on their behalf.
The type and amount of compensation you might receive can depend on various factors, including the extent of your injuries and the circumstances of the accident. Damages can cover a broad range of losses, from tangible costs such as medical bills and lost income to more subjective ones like pain and suffering.
In Alabama, we follow a rule known as "contributory negligence." This means that even if you were partially at fault, you could still receive compensation for medical expenses, lost wages, pain, and suffering, and other related damages.
Pedestrian Accident Attorneys Serving Guntersville, Alabama
If you have been involved in a pedestrian accident in Guntersville, Alabama, or the surrounding areas, don't hesitate to reach out to us at Guntersville Law, LLC. Our team has the knowledge, experience, and resources to look out for your best interests. Also, we're ready to listen to your case and provide the guidance and support you need during this difficult time.