The National Safety Council compiled data from the National Center for Health Statistics (NCHS), estimating that 7,668 pedestrians died in traffic or non-traffic incidents in 2019. Meanwhile, 6,205 pedestrians died in traffic crashes occurring on public roads.
Pedestrians who suffer injuries in automobile accidents could face an extremely challenging road to recovering damages in their cases. Therefore, it is critical that they have an advocate on their side with a proven record of successfully recovering awards for injured pedestrians. The Birmingham pedestrian accident attorneys at Cory Watson Attorneys can work with you to recover the damages you qualify to receive for your injuries.
Compensation for Birmingham Pedestrian Accidents
People injured in pedestrian accidents are entitled to many of the same damages that a driver could recover after a crash. However, it can be more challenging for a pedestrian to recover these damages because insurance companies for negligent drivers typically suggest that a pedestrian was somehow at fault for their injuries.
In most cases, an injured pedestrian must file what is known as a third-party claim with the negligent driver’s insurance company. Insurers often are skeptical of third-party claims and fight to reduce their payouts on these claims.
In most cases, pedestrian accident victims could recover these damages:
- Lost income
- Medical bills
- Property damage
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Reduced earning capacity
Insurers Often Make Initial Lowball Offers Hoping for Quick Settlement
You need to know that insurance companies often contact accident victims in the immediate aftermath of the incident, hoping they will accept a lump-sum settlement that does not adequately account for the total value of their damages.
While these proposed settlements might sound like a generous amount of money, you need to keep in mind the full lifetime of costs you might face so you receive compensation for all accident-related expenses. In addition, remember that once you accept an offer, you cannot go back to the insurer for more, even if the settlement eventually covers only a fraction of your actual costs.
For a free legal consultation with a pedestrian accidents lawyer serving Birmingham, call 877-562-0000
Types of Birmingham Pedestrian Accidents
Pedestrian accidents can result from all kinds of motorist negligence:
- Distracted driving: A driver could cause a pedestrian accident because they did not pay attention to the road, usually by texting or answering a call on their cellphone.
- Driver fatigue: Some drivers may operate their vehicle while tired and could cause accidents in such cases.
- Driving under the influence (DUI) of drugs or alcohol — According to the Centers for Disease Control and Prevention (CDC), 33 percent of fatal pedestrian crashes involved a pedestrian with a blood alcohol concentration (BAC) of at least 0.08 grams per deciliter, while 17 percent involved a driver with a 0.08 BAC or higher.
- Reckless driving: Alabama Code § 32-5A-190defines reckless driving as driving “any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.”
- Speeding: Many pedestrian accidents stem from drivers going too fast for the conditions.
- Tire blowouts: If a motor vehicle suffers a tire blowout or another mechanical issue, it could easily cause a pedestrian accident.
A pedestrian accident lawyer can help you determine the exact cause of your crash and all possible liable parties. This information can help you recover the compensation you deserve for your injuries.
Birmingham Pedestrian Accident Lawyer Near Me 877-562-0000
Birmingham Pedestrian Accident Time Limits
Alabama Code § 6-2-38 establishes the deadline (known as the statute of limitations) for filing a claim after a pedestrian accident. Under state law, a person only has two years to file a case.
However, some exceptions to the deadline might apply. For example, when the injured person is a minor or mentally incapacitated at the time of their injury, they will have two years from the date they turn 19 years old, or a court declares them legally sane.
Another common exception to the customary statute of limitations concerns actions filed against a government entity. An attorney from our firm can review your case for free and determine what specific deadline applies in your situation.
What to Do After a Birmingham Pedestrian Accident
You can take several critical steps following a pedestrian accident to preserve your health and protect your rights to compensation.
Call the Police
People who suffer injuries in pedestrian accidents should contact the police so an officer can file an official report about the accident. Never allow a negligent driver to persuade you to keep the police out of any crash.
Seek Medical Attention
The most important thing you can do is to seek medical attention. We cannot stress the importance of this step, as people who delay seeking treatment can irreparably harm their chances of recovering an award.
You will want to exchange information with the negligent driver. Also, try to photograph everything involved in your accident scene. However, neither of these steps might be possible if you require immediate medical care. If you were on a walk with a friend or family member, they could handle these tasks for you.
Contact an Attorney
Once your health allows, you could contact a pedestrian accident attorney to help you avoid some of the common pitfalls that victims encounter. For example, the at-fault driver’s insurance company might contact you, seeking a recorded statement or offering a quick settlement. Neither is in your best interests. Instead, you can direct the insurance adjuster to speak to your lawyer.
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Our Birmingham Pedestrian Accident Lawyers Have a Proven Record of Success
If you sustained severe injuries in a pedestrian accident in the greater Birmingham area, Cory Watson Attorneys has represented injured Alabama residents for nearly 40 years. We have recovered more than $3 billion for our clients during that time.
Cory Watson Attorneys represents individuals in Alabama and Tennessee, with offices in Birmingham, Memphis, and Nashville. We invite you to explore our website to learn more about our charitable efforts, client testimonials, and all the various types of cases we handle.
Call Cory Watson Attorneys Today
Did someone hit you with their vehicle while you walked along Arkadelphia Road, University Boulevard, or any other Birmingham street? Contact the team at Cory Watson Attorneys today at (205) 328-2200 for a free no-obligation consultation. We’ll review the details of your case and provide a complete understanding of what options may be available to you.
No case is too big or too small for our firm, and we will work as hard as possible to make sure that you receive the compensation you deserve after a pedestrian accident.