Law Offices of Elliott Owen Lipinsky
If a vehicle struck you while you were walking, the evidence collected in the first days may shape the entire claim. Elliott Owen Lipinsky represents injured pedestrians in Selma, Montgomery, Dallas County, and communities throughout West Alabama.
Who has the right of way at an Alabama crosswalk?
Right-of-way questions can depend on the traffic signal, crosswalk location, direction of travel, distance between the pedestrian and vehicle, and what each person could reasonably see. Drivers must use care around pedestrians, while insurers may examine the pedestrian’s movements closely. The full scene—not one isolated fact—should be reviewed.
Why does contributory negligence matter?
Alabama’s contributory-negligence rule can make fault disputes especially important. An insurance company may argue that the pedestrian entered the road unexpectedly, crossed outside a marked area, or was distracted. Photographs, video, witness accounts, vehicle data, lighting, and sight distance may help answer those claims.
What if the collision happened outside a crosswalk?
Do not assume that location alone ends the case. Speed, visibility, driver attention, road design, lighting, and the opportunity to avoid the collision may all matter. A lawyer can evaluate how the applicable rules and evidence fit the specific facts.
What compensation may be available?
Depending on the facts, a claim may seek compensation for medical expenses, lost income, reduced earning ability, future care, pain, disability, and other losses. The value of any claim depends on liability, available coverage, the nature of the injuries, and proof of the harm caused.
What should you do after a pedestrian collision?
Seek appropriate medical care, make sure the collision is reported, preserve clothing and damaged property, identify witnesses and nearby cameras, and save every insurance letter. Avoid recorded statements or broad medical authorizations until you understand their effect.
Frequently Asked Questions
Can I recover if the insurer says I was partly at fault?
Possibly, but the allegation must be taken seriously under Alabama law. Do not decide the case based only on an adjuster’s position; the physical evidence and applicable law should be reviewed first.
What if the driver says I came out of nowhere?
That is a common dispute, not a final answer. Video, witnesses, road measurements, lighting conditions, vehicle damage, and phone records may provide a more complete account.
What if the driver had little or no insurance?
Other potential sources of coverage, including applicable uninsured or underinsured motorist coverage, may need to be examined. Coverage depends on the policy language and facts.
Protect the evidence while it is still available. Call (334) 230-7986 or start a free case review online.
Contacting the firm does not create an attorney-client relationship. Representation begins only after both the client and the firm agree in writing.