In many designated areas, pedestrians have the right of way. However, drivers often fail to yield to them when appropriate, causing accidents and serious injuries. Unlike drivers and passengers in motor vehicles, pedestrians do not have any structural protections that can help them absorb the impact of a collision. If you or someone close to you has been hurt, it is important to seek help from an injury lawyer. Whit A. Thomas is an experienced Foley pedestrian accident attorney who is dedicated to advocating for the rights of victims. Let him put his skills to work on your behalf.Pedestrian Accidents Can be Devastating and Fatal
According to the National Highway Traffic Safety Administration (NHTSA), in 2014, a total of 4,884 pedestrians were killed while an estimated 65,000 were injured across the United States. Unfortunately, this was an increase from 2013 records, which suggests that drivers are not starting to take greater precautions to protect pedestrian safety. Additionally, in 2014, about 15 percent of all traffic fatalities consisted of pedestrians. This is a disproportionate number to the total percentage of incidents in which pedestrians were involved, showing that these accidents tend to be especially devastating.Establishing Liability for a Pedestrian Accident
The NHTSA defines a pedestrian as any individual on foot, walking, running, jogging, hiking, sitting, or lying down who is involved in a motor vehicle crash. Alabama law allows pedestrians to take legal action against other parties who negligently caused their harm. Negligence is a failure to exercise reasonable care in one’s actions or omissions. The victim must show that the defendant’s lapse of care directly led to the crash.
It is important to note that Alabama follows the doctrine of contributory negligence, which bars the victim from recovering any damages at all if they contributed to their injuries. This approach is quite harsh compared to other states that follow the comparative negligence doctrine, which simply reduces a victim’s compensation based on the percentage of the victim’s fault. As a result, it is particularly important to consult an attorney who can show that you were not in any way responsible for the accident in which you were hurt.
Pedestrian accidents often lead to serious, life-changing injuries. Fortunately, the law allows victims to recover damages for all of their economic and non-economic costs and losses, such as medical expenses, rehabilitation costs, lost income and benefits, pain and suffering, and scarring and disfigurement.
If you have lost a loved one in a pedestrian accident, you may be able to obtain punitive damages through a wrongful death claim. Alabama law does not permit compensatory damages through wrongful death claims, but punitive damages tend to be more commonly available in these cases than they generally are in other matters. These cases are complex, so it is important to speak to a legal professional as soon as possible if you find yourself in this tragic situation.Consult an Experienced Pedestrian Accident Attorney in the Foley Area
As a skilled Foley pedestrian accident lawyer, Whit A. Thomas is committed to helping victims assert their right to the compensation that they deserve for their harm. We understand that dealing with any type of accident can be extremely stressful for an entire family, and we will try to handle your case as seamlessly as possible. Our firm serves injured individuals throughout Southern Alabama, including in Foley, Summerdale, Robertsdale, Elberta, Lillian, Loxley, Fairhope, Daphne, Gulf Shores, Orange Beach, and throughout Baldwin, Mobile, Escambia, and Monroe Counties. To set up a free consultation with a car accident attorney, call us at (251) 943-9330 or contact us online.