Drivers, bikers, and passengers are not the only people who get hurt in road accidents here in Bessemer; it is also a dangerous place for pedestrians. Fortunately, you could seek compensation from the motorist or other party at fault.
A Bessemer pedestrian accident lawyer can review your situation to help determine how you can best proceed with filing for a settlement.
Motorists Have a Duty to Protect Pedestrians
In Bessemer, motorists should follow Alabama Code § 32-5A-213 and exercise caution when pedestrians are in the area. That includes:
- Sounding the horn to alert pedestrians if needed
- Driving extra carefully around children and disoriented or intoxicated pedestrians.
- Yielding to pedestrians on the sidewalk or crosswalk
If a driver fails to perform these actions for pedestrians, you could hold them liable for negligence— unless they deliberately put you in danger. Our Bessemer pedestrian accident lawyers can help you gather proof of the motorist’s fault in the crash. They can also check if other parties may be at fault, as well.
What Can You Recover in a Pedestrian Accident Settlement?
If you can successfully settle your pedestrian accident dispute, you could recover economic and non-economic damages, compensating for the financial and abstract losses you suffered. Economic damages pay you back for expenses such as :
- Hospitalizations
- Medical tests and treatments
- Medications
- Lost wages
On the other hand, non-economic damages pay you back for the pain and suffering caused by the injury. These can include emotional trauma and disabilities or disfigurement—which can be difficult to quantify due to the lack of a strict formula. However, claims adjusters and civil courts can multiply your economic damages by a certain value that depends on your injury’s severity.
Your Bessemer lawyer can help gather records of your expenses to compute your economic damages more accurately. They can also assess your injury to estimate the value of your non-economic damages.
Contributory Negligence Rules Apply in Bessemer Pedestrian Accidents
When building an accident claim or lawsuit case in Bessemer, you have to ensure sufficient evidence before you file.
This is because if the court or the claims adjuster ever finds you even one percent at fault, you would not be able to recover any amount due to Alabama’s contributory negligence rule. Pedestrians also have road rules to follow on the road. Therefore, if you violated some of these pedestrian laws, it could be used against you in court.
Your lawyer can review the available proof to determine whether you have a solid case or not.
How to Recover Pedestrian Accident Damages
If your proof is enough to hold the driver fully liable for the accident, you could file a third-party insurance claim or a lawsuit against them. While pedestrian victims typically file a claim first, your primary option will still depend on the circumstances around your accident.
Filing Insurance Claims
All Bessemer drivers must carry liability insurance. If they are at fault in an auto collision, it will cover their victims' expenses, including pedestrians.
However, the insurance adjuster is more likely to side with their client. If you do not accept the insurer's initial offer, the Bessemer pedestrian accident lawyer will help you negotiate a better settlement.
Since being partly liable for your injuries could prevent you from receiving financial recovery, you may need to cover your injury costs with your health insurance provider.
Taking a Pedestrian Accident Lawsuit to Court
Your Bessemer attorney may advise you to bring a lawsuit instead of a claim for reasons such as:
- The at-fault driver has insufficient liability coverage.
- The driver is uninsured.
- The driver hurt you on purpose (insurance companies generally do not handle intentional torts).
The civil court will decide the amount you can recover in your pedestrian accident case. It may take several court proceedings before they can reach a verdict, but your lawyer can be your representative until the end. They can guide you on what to do during these hearings.
Statute of Limitations in Bessemer Pedestrian Accident Cases
The statute of limitations is one of the filing requirements your lawyer can help you comply with. It is your time limit for submitting a lawsuit to the court. Under Alabama Code § 6-2-38, you have two years to file the suit. You also have two years to sue on behalf of a deceased loved one under Alabama Code § 6-5-410.
Missing the deadline will automatically get your case dismissed. So, you may want to get started while it is still early. Your attorney can also track how the suit progresses. They can also check if applicable tolling exceptions could extend your time limit.
For example, suppose the other driver tries to evade criminal charges by going to another state or country. In that case, the timeline would only resume the countdown when they return to Alabama. Another exception would be if your child was the injured pedestrian. The clock would only begin once the child is 19 years old in such instances.
We Are Here for Your Legal Concerns
If you are the victim of a recent pedestrian accident here in Bessemer, you can consult your lawyer on what to do next. They are already familiar with the state and local laws that could apply to your situation, and can guide you accordingly.
Cory Watson Attorneys' legal team has over 38 years of experience managing personal injury matters throughout Alabama. We are always available to discuss your case, no matter how big or small. You can start by filling out our contact form or calling to obtain a free case review. Our team will be on standby 24/7 to assist you and discuss possible recoverable damages.