Dothan Pedestrian Accident Lawyer
Despite pedestrian safety programs in Dothan and communities throughout the country, pedestrian accidents happen at a high rate. In one recent year, more than 7,000 pedestrian traffic fatalities occurred in the United States, according to the Governors Highway Safety Association.
When a careless driver hits a pedestrian, the resulting injuries can be more severe than a car-on-car crash. If you were hurt in a pedestrian accident that wasn’t your fault, you should be able to focus on your well-being — and not worry about the high cost of medical bills and other recovery expenses.
The Dothan pedestrian accident lawyers of Gartlan Injury Law can help you explore your legal options. We work entirely on our clients’ behalf to defend their rights against negligent parties and large insurance companies. As a small and local team, we will take time to understand your needs and answer your questions. To learn more, contact our office today for a free consultation.
Contents
- Does Dothan Have Pedestrian Laws?
- Where Do Most Dothan Pedestrian Accidents Happen?
- What Are Common Injuries in a Dothan Pedestrian Accident?
- Who Can Be Held Liable for a Pedestrian Accident in Dothan?
- What Should You Do If You Have Been Injured in a Pedestrian Accident?
- Could I Recover Compensation After a Dothan Pedestrian Accident?
- What If the Other Driver Has No Insurance?
- How Long Do I Have to File My Pedestrian Accident Claim in Alabama?
- Contact a Dothan Pedestrian Accident Attorney
Does Dothan Have Pedestrian Laws?
In some circumstances, pedestrians in Alabama have the right of way. They may have to yield to motor vehicle drivers in many other situations. These are some of the most critical Alabama pedestrian laws to know:
- Right-of-way — Pedestrians have the right of way on sidewalks, inside marked crosswalks, and at controlled intersections when a “walk” signal is lit. They must yield to oncoming traffic outside marked crosswalks, when a “don’t walk” signal is lit, or when a moving car is close enough to cause an immediate hazard for pedestrians.
- Sidewalk use — Ala. Code § 32-5A-215 states that pedestrians must use sidewalks when they are available. If no sidewalk is available, a pedestrian must walk on the shoulder and stay as close to the curb as possible.
- Drivers’ rules — Drivers in Alabama must stop when a pedestrian is about to enter a crosswalk. Also, under Ala. Code § 32-5A-211, a driver cannot overtake another driver that has stopped to let pedestrians cross.
Pedestrians should follow traffic laws, use crosswalks, and stay alert. Under Alabama’s pure contributory negligence rule, if a person is found partially responsible for an accident, they may be unable to recover anything in court.
Where Do Most Dothan Pedestrian Accidents Happen?
Pedestrian accidents can happen anywhere, from busy parking lots to winding residential streets. However, they are most likely to occur in these areas where people tend to disregard pedestrian safety:
- Downtown Dothan, especially during rush hours and events
- High-traffic intersections, such as Main Street and Ross Clark Circle
- Popular places like shopping malls or arenas
- School zones
- Streets with limited visibility, inadequate lighting, or poor conditions.
What Are Common Injuries in a Dothan Pedestrian Accident?
In an accident, pedestrians are exposed. So, their injuries tend to be more severe than drivers and passengers would suffer inside an enclosed vehicle. In many accidents, pedestrians suffer fatal injuries. Some of the most common pedestrian accident injuries are:
- Lacerations and road rash
- Soft tissue injuries
- Broken bones
- Spinal cord injuries/paralysis
- Traumatic brain injury
- Internal bleeding/organ damage.
Who Can Be Held Liable for a Pedestrian Accident in Dothan?
Liability in a pedestrian accident case depends on the specific circumstances. It often extends to multiple different parties, which may include the following:
- Negligent drivers
- Employers (if an employee injured a pedestrian while on the job)
- Government agencies (if poor road or sidewalk conditions contributed)
- Construction companies (if they allowed a dangerous condition to exist)
- Product manufacturers (if a defective product or part contributed).
An experienced personal injury lawyer can help you determine who is liable based on a comprehensive investigation into what happened.
What Should You Do If You Have Been Injured in a Pedestrian Accident?
After a pedestrian accident, seek medical attention as soon as possible. Even if they may seem minor, having a doctor’s evaluation of your injuries will enter them into your medical records. Your legal team will review those medical records to support your case.
Ask someone you trust to report the accident to law enforcement, exchange contact information with other parties and witnesses, and take photos to document what happened.
Insurance companies and defense attorneys can use anything you say against you. To protect your rights, speak with your personal injury lawyer before you say anything about the accident to an insurance company representative, give a recorded statement to the insurer, or post anything on social media.
Could I Recover Compensation After a Dothan Pedestrian Accident?
If you can prove the party who hit you acted negligently and directly caused your injuries, you may be able to recover compensation for losses that include the following:
- Past and future medical expenses
- Lost wages and earning capacity
- Rehabilitation and personal care costs
- Pain and suffering
- Emotional distress
- Lost quality of life.
As your personal injury attorney investigates your case, they will work with medical professionals and other experts to calculate the potential value of your case. Most personal injury cases settle before they reach the trial phase. Your attorney will faithfully represent your interests during negotiations with the insurance company.
What If the Other Driver Has No Insurance?
The Insurance Information Institute estimates that about 14 percent of Alabama drivers lack auto insurance. If the driver who hit you has no auto or insufficient insurance, you must go through your uninsured motorist (UM) or underinsured motorist (UIM) coverage.
Alabama requires insurers to offer customers UM/UIM coverage by default. While you can waive it, we strongly recommend everyone take it. UM coverage can compensate you if the responsible driver has no insurance, while UIM coverage can pay the difference between your medical expenses and the driver’s coverage limits.
Other avenues may be available for compensation besides UM/UIM coverage, depending on the circumstances. Your lawyer will determine which avenue could give you the best odds of a fair outcome.
How Long Do I Have to File My Pedestrian Accident Claim in Alabama?
Under Ala. Code § 6-2-38, you have two years from the date of the pedestrian accident to file a personal injury lawsuit. If you file after the deadline, the court can dismiss your case. You may lose valuable leverage in settlement negotiations once the filing window closes.
Building a robust legal case takes time and careful planning. Some types of evidence can also get lost or deteriorate. It will be in your best interest to hire an attorney you trust as soon as you can after the accident.
Contact a Dothan Pedestrian Accident Attorney
If you have been injured in a pedestrian accident in Dothan, you can trust the team at Gartlan Injury Law to pursue the compensation you deserve. We will act with diligence, focus on the details of your claim, and prepare your case as if it is going to trial. Open communication is central to our approach. With our 24/7 availability, you can reach us anytime with your legal questions.
Our consultations are free and confidential, and we won’t charge you fees unless we win your case. Contact our office today to speak with an attorney.