How to Protect Your Rights as a Pedestrian in an Accident Case
Pedestrian accidents can turn your life upside down, affecting your health, finances, and peace of mind. Many pedestrians involved in accidents assume they don’t need legal help or believe they can handle a claim on their own. Unfortunately, this often leads to lost opportunities for fair compensation.
With over 40 years of experience, our experienced attorney at Whit A. Thomas, Attorney at Law, has represented pedestrian accident victims in Alabama, including those in Baldwin County, Escambia County, Mobile County, and Monroe County.
If you’ve been hit by a vehicle while walking, it's important to prioritize your recovery and protect your legal rights, as they can significantly impact your future. Knowing how to deal with the claims process can make all the difference. This blog explores some of the ways you can protect your rights after a pedestrian accident.
What Should You Do Immediately After a Pedestrian Accident?
Knowing what to do right after an accident can significantly impact your claim. Consider taking the following steps to help you protect your legal rights as a pedestrian accident victim.
Seek medical attention: Your health and safety should always come first. Even if your injuries seem minor, it is essential to get evaluated by a doctor as soon as possible. Certain injuries may not present immediate symptoms but can develop into severe conditions over time. A medical evaluation also documents your injuries, which may be critical for pursuing legal action.
Contact law enforcement: Call the police immediately after the accident. An official police report can serve as a reliable and objective account of what happened. Be honest with the police, but avoid making statements that might be misinterpreted as taking responsibility for the accident.
Gather evidence: Whenever possible, collect evidence at the scene of the accident. Take photos or videos of the site, your injuries, and the vehicles involved. Gather key details from the driver, including their name, contact information, license plate number, and the name of their insurance provider. If witnesses are present, ask for their names and contact information.
Don't speak to insurance companies alone: After an accident, insurance companies may contact you quickly. While their requests might seem straightforward, their goal is often to settle for less than you deserve or gather statements that could undermine your case. To protect your rights, direct all communication to an attorney instead of engaging with them directly.
Alabama Laws for Pedestrian Accident Cases
If you're injured as a pedestrian in Alabama, there are several state laws that can impact your case. Alabama follows a “contributory negligence” rule. If you're found even slightly at fault for the accident, you may not recover any compensation.
Factors such as crossing the street outside a designated crosswalk or walking against the traffic signal could be used to argue partial fault. An attorney can help you present evidence that strengthens your case and defends against claims of contributory negligence.
Alabama law also requires drivers to yield the right of way to pedestrians. If a driver fails to do so and strikes a pedestrian, they may be found liable for the accident. Additionally, drivers must exercise reasonable care when operating their vehicles to prevent harm to pedestrians.
Potential Damages You Could Claim
If you’ve been injured in a pedestrian accident, you may be entitled to seek compensation. Some common damages you may be able to recover include:
Medical expenses: This can include everything from emergency room visits and surgeries to physical therapy and ongoing treatments.
Lost wages: If your injuries prevent you from working, you may be compensated for lost income and potential future earnings.
Pain and suffering: The mental and emotional toll of an accident is real and deserves recognition in your claim.
Property damage: If any personal property, such as a phone or clothing, was damaged in the accident, you might be able to recover the costs.
Wrongful death: If an accident results in the loss of a loved one, you or a family member may recover damages for loss of companionship and funeral expenses.
Punitive damages: In cases of extreme negligence or intentional harm, additional damages may be awarded to punish the responsible party and deter similar behavior in the future. Punitive damages are not meant to compensate the victim but rather to hold the responsible party accountable.
Pedestrian Rights Attorney Serving Baldwin County, Alabama
At Whit A. Thomas, Attorney at Law, we have helped pedestrians and victims of wrongful death across Alabama. From handling complicated accident cases to serving as trusted advocates for families, we consistently strive to ease the emotional and financial burdens caused by someone else’s harmful actions.
Located in Foley, Alabama, we serve clients in Baldwin County, Escambia County, Mobile County, and Monroe County. Contact us today to learn more and to schedule a free consultation.