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Pedestrian Accident Lawyers Serving Alabama (AL) - Montlick & Associates



Our Law Firm Holds Negligent Drivers Accountable for Injuring Pedestrians Throughout All of Alabama  

We Know What It Takes to Win™ Pedestrian Accident Cases in Alabama

If you or a loved one were injured by a motor vehicle while walking, jogging, standing still, running, riding a scooter or engaging in any other activity, call Montlick & Associates, Attorneys At Law today for your free case evaluation. We understand that pedestrian accident victims struggle with physical pain, difficult medical recoveries, emotional hardships, and challenging financial obstacles.  Our attorneys and legal team share a commitment to providing exceptional legal representation.*  We know what it takes to win™, and have the track record to prove it.  Since the firm was founded in 1984, we have recovered billions of dollars on behalf of our clients.** 

Whether you live in a big city like Birmingham, Montgomery, Mobile, Tuscaloosa, Huntsville or a small rural town, distracted and careless drivers pose a serious threat if you are trying to get around on foot.  Because of the inherent susceptibility of pedestrians to injury from large metal vehicles weighing thousands of pounds, negligent motorists who hit pedestrians often cause severe, catastrophic or even fatal injuries.  Our attorneys fight hard on behalf of our injured clients in order to maximize their rights to compensation under the law. 

Call Our Alabama Pedestrian Injury Attorneys Today!

If you sustained an injury or lost a loved one after a pedestrian auto accident, contact Montlick and Associates today to learn about your legal rights as well as the steps that are necessary to protect those rights.  Call us Nationwide at 1-800-LAW-NEED (1-800-529-6333) or dial #WIN (#946) from your cell phone for your Free Consultation today.  Pedestrian injury victims and their family members also can contact us through our website by completing a Free Case Evaluation Form available 24/7 or utilizing our free 24-hour live chat service available on Montlick.com.

Proving Liability in Alabama Pedestrian Accidents

As in other personal injury actions in Alabama, you must establish that a duty of care was owed and that the duty was breached.  Pedestrian accident victims must prove that they were following the law and the driver who hit them was in violation of traffic laws. Alabama is a contributory negligence state, meaning the plaintiff must be zero percent (0%) negligent in order to be entitled to damages.  This means that if a jury finds a plaintiff even one percent (1%) at fault, they would award no financial compensation.

Additionally, Alabama’s traffic laws set forth some specific rules pertaining to pedestrians.  Under Alabama law, pedestrians crossing a roadway at any point otherthan a marked crosswalk must yield the right of way to all vehicles upon the roadway. In fact, when they are between intersections where traffic signals are in use, they may only cross using a marked crosswalk. Pedestrians are also prohibited from crossing diagonally.  However, drivers must yield to law-abiding pedestrians who are legally crossing the street within a marked crosswalk. Alabama Code § 32-5A-212.  As a result, insurance companies attempt to argue that victims in pedestrian accidents are at fault for illegally crossing the street, and use industry tactics to gather information from victims.  For example, they may contact victims in order to conduct a recorded interview, which is especially unfair when they are not yet represented. Companies also often take statements from these interviews out of context to argue the claimant is at fault. However, our lawyers deal with insurance companies every day and take appropriate steps to safeguard our clients’ rights and to present the facts in the most favorable manner. 

Because of the often serious nature of their injuries, pedestrian accident victims are commonly unavailable at the scene of the accident to present their side of the story or take photos of the aftermath of what happened.  Although police officers protect us from danger and obtain detailed information from accident scenes, our experience is that pedestrians are oftentimes unintentionally treated unfairly. Insurance companies welcome this and attempt to use it to their advantage to deny claims. However, our attorneys scrutinize any available evidence, including our clients’ version of what happened, in order to pursue claims against negligent drivers.  In appropriate cases, we retain the services of accident reconstructionists to piece together what ocurred and work to make sure important available evidence is preserved and not destroyed.  

Our law firm helps law-abiding pedestrians injured by negligent drivers navigate difficult times in their lives, so that they can devote their energy and focus on getting well. We fight hard on their behalf in order to recover financial compensation for their injuries, including compensation for costly medical care, lost income, pain and suffering, and more.  

Free Accident Injury & Wrongful Death Claim Review 

If you experienced an injury or lost a loved one after being hit by a negligent driver while walking, jogging, riding a scooter, or merely standing on the sidewalk, contact Montlick and Associates today.  Our lawyers can inform you of your legal rights and offer guidance regarding the best ways to protect those rights.  Call us nationwide at 1-800-LAW-NEED (1-800-529-6333) or dial #WIN (#946) from your cell phonefor your Free Consultation today.  Pedestrian injury victims and their family members also can contact us through our website by completing a Free Case Evaluation Form available 24/7 or utilizing our free 24-hour live chat service available on Montlick.com.

Why Time Is of the Essence to Protect You and Your Family’s Legal Rights – Importance of Obtaining Legal Assistance Early

Statutes of Limitation

Generally, the Alabama Statute of Limitations requires that you settle your case or file a lawsuit within two years from the date of your accident in order to preserve your legal right to compensation,but there are many exceptions to this rule that can shorten or lengthen this deadline.

WARNING: Only an experienced attorney who carefully analyzes the facts of your situation can advise you of your obligations and the applicable deadlines in your case. Failure to comply with any critical deadline will result in a permanent bar to your right to compensation. By way of example only, if a city, county state or other government entity is involved, there are shorter notification requirements to comply with in order to preserve your recovery, in addition to the statute of limitations.  For instance, if your claim is against a government entity that poorly designed a pedestrian crossing or failed to provide enough lighting at night, your failure to comply with notification requirements to governmental entities and municipalities will bar your right to a recovery.  Some claims, or combination of claims, involve multiple parties responsible for injuring a pedestrian, and each of them could involve several theories of liability subject to different deadlines.Additionally, legal doctrines and rules can be ambiguous or subject to narrow exceptions depending on the specific law and facts. Given these complications, you should obtain legal assistance as soon as possible in order to learn crucial information regarding the parties against whom to proceed, necessary steps to preserve the claim, and applicable deadlines that apply in pursuing the claim(s).

Protecting Survival Claims for Pain and Suffering and Other Damages

Given the common severe nature of pedestrian injuries, it is important to know that in Alabama, families of gravely ill victims are incentivized, when appropriate, to assist their loved ones in filing lawsuits early from the date of the incident. This is because there are laws in Alabama that prevent families from pursuing damages normally pursued in personal injury claims (such as those for pain and suffering), on behalf of their deceased loved ones in circumstances when the family member passed away prior to filing a lawsuit. For example, suppose an injured pedestrian victim were to sustain catastrophic injuries, and fight for their life under the care of doctors for weeks before succumbing to their injuries.  In such an instance, prior to death, the victim would have a personal injury claim for medical expenses, lost income, and pain and suffering. 

However, a claim for these types of damages would not survive the death of the victim, unless the civil action were filed in court prior to the victim’s death. Although estates would be entitled to pursue wrongful death claims if their loved ones are killed by the actions of negligent motorists, which would allow for different types of damages, they do not have the ability to pursue survival claims for damages such as medical expenses and pain and suffering, unless a lawsuit has been filed prior to the death of the victim. See Alabama Statute §6-5-462.  Therefore, in the types of circumstances described above, when appropriate, it could be important to preserve the the survival claim for damages if the victim’s chances of surviving their injury are unknown in the aftermath of a severe accident.  

Contractual and Evidentiary Reasons Not to Delay in Seeking Legal Advice

Aside from the impact of missing a legal deadline for pursuing a claim or lawsuit, delays in pursuing a claim can weaken a pedestrian victim’s rights in other respects, as well.  For example, most insurance policies contain their own contractual notification deadlines that, if allowed to lapse, can result in a denial of coverage.  Many pedestrian injury victims would be surprised to learn that their own automobile insurance policies, or those of household relatives, can provide valuable uninsured or underinsured motorist coverage in the event that a defendant does not have any or enough insurance to fully compensate them or in cases where defendants flee the scene. Failure to comply with contractual notification requirements in such policies may result in a denial of coverage. Evidence also can be more difficult or expensive to obtain, and witness’ memories might become unreliable with the passage of time.  At Montlick and Associates, Attorneys at Law, we work to identify applicable deadlines, safeguard relevant evidence when appropriate, and work to maximize the value of our clients’ claims based on the law and relevant facts.

How Do I Know What My Alabama Pedestrian Accident Injury Claim Is Worth?

Since many considerations must be analyzed to determine the potential range of values of an injury claim, the amount of compensation that will be recovered cannot be determined at the beginning of a case.  As a result, each individual case is unique.   Many factors must be assessed to determine the value of a personal injury claim arising out of a pedestrian accident.  By way of example only, some of these considerations include the severity of the plaintiff’s injuries and his or her prognosis, any permanent or temporary disability, medical expenses, past and future lost income, the degree of pain and suffering, the believability and likeability of any witnesses in the eyes of potential jurors, the impact on the plaintiff’s quality of life, the persuasiveness of the evidence, and the venue and place where the case will be heard.  Once all important considerations are examined, we can generally advise our clients on estimated case values.

Generally, damages can be classified into economic and non-economic damages.  Economic damages include items that are easier to quantify, such as medical expenses, lost income, and damaged items that were on the plaintiff’s person when they were hit.  Examples of non-economic damages include compensation for intangible damages such as pain and suffering and mental anguish.  The plaintiff must prove the types and amounts of damages as well as the causal link between the conduct of the defendant and the harm experienced by the plaintiff.

When our lawyers represent injured pedestrians, we analyze the law, circumstances and facts so that we can seek all categories of damages to which our clients are entitled under the law.  Some  of the kinds of damages we pursue on behalf of our clients include:

  • Past and future medical treatment
  • Past and future lost income
  • Past and future pain and suffering
  • Decreased enjoyment of life experiences
  • Mental Anguish
  • Loss of consortium (i.e. loss of a spouse’s services after a collision)
  • Punitive or “penalty” damages (depending on egregiousness of the defendant’s conduct and in the case of wrongful death)

Discover What Montlick and Associates Can Do to Help You Obtain Justice

Were you or a loved one injured by a negligent driver while crossing the street or walking down a sidewalk?  Our pedestrian accident attorneys serve pedestrians harmed by negligent drivers on a statewide basis throughout Alabama. Montlick and Associates has built its reputation by fiercely protecting the rights of our clients while fighting for their maximum financial compensation under the law.  We invite you to contact us for a Free Consultation by calling us at 1-800-LAW-NEED (1-800-529-6333) or by simply dialing #WIN (#946) from your mobile phone.  You also can submit a Free Case Evaluation Form available 24/7 or contact us through our free, 24-hour live chat service at Montlick.com.

Source:

https://www.cnbc.com/2019/02/28/pedestrian-deaths-hit-a-28-year-high-and-big-vehicles-and-smartphones-are-to-blame.html

*Legal Services are provided by Montlick & Associates, P.C. and when appropriate local associated law firms at no additional cost to you depending on the jurisdiction, and any specialized expertise required.  For more information, click here.

**Dollars recovered are cumulative and not indicative of individual case results.  Each case is unique.  Results depend on the facts and applicable law. 


Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.