Attorney For Selma and Montgomery, Alabama
If a driver hit you while you were walking, Alabama law may let you recover for your injuries, but the state's strict contributory negligence rule makes these cases delicate. We help injured pedestrians in Selma, Montgomery, and West Alabama protect their claims.
Who has the right of way in an Alabama crosswalk?
Under Alabama Code Section 32-5A-211, when there is no traffic signal, a driver must yield to a pedestrian crossing in a crosswalk on the driver's half of the road, or one approaching so closely from the other half as to be in danger. A driver also may not pass another vehicle that has stopped to let a pedestrian cross. Pedestrians, in turn, must not suddenly step off a curb into the path of a car that is too close to stop.
Why is contributory negligence such a danger for pedestrians?
Alabama follows contributory negligence, which means that if the injured person is found even slightly at fault, they can be barred from recovering anything. Insurers know this and often argue that the pedestrian darted out, crossed outside a crosswalk, or was distracted. Careful investigation and evidence matter more in these cases than in almost any other.
What if I was crossing outside a crosswalk?
You may still have a claim. Drivers always owe a duty of reasonable care, including a duty to keep a proper lookout and to avoid a pedestrian they should have seen. The facts, including speed, visibility, and whether the driver was paying attention, decide the case.
What damages can an injured pedestrian recover?
Pedestrian injuries are often severe, so a claim can include medical bills, lost wages, future care, and pain and suffering. When a driver's conduct was especially reckless, Alabama law may allow more.
What should I do after a pedestrian accident?
Get medical care, make sure the crash is reported, get the driver's insurance information, and identify witnesses and any nearby cameras. Then let us preserve the evidence before it disappears.
Frequently asked questions
Can I recover if I was partly at fault? Alabama's contributory negligence rule can bar recovery if you were even slightly at fault, which is why how fault is framed is critical. Do not assume you have no case, let us look at the facts first.
The driver says I came out of nowhere. What now? That is a common defense. Physical evidence, witness accounts, and video often tell a different story, and we work to find them.
A case review is free and confidential, injury cases are handled on a contingency fee basis so you pay no attorney fee unless we recover for you, and you can reach the office at (334) 230-7986.
