Pedestrian Accident Attorneys in Daphne, AL
Pedestrian safety is a top priority on America’s roads, but pedestrians still suffer a shocking number of injuries every single year. While some accidents occur because of mechanical errors, unclear signage, or pedestrian error, these collisions are often traced back to driver inattention or neglect.
If you’ve been hurt in a pedestrian accident in Daphne, AL, our team can help. Call Burns, Cunningham & Mackey at 800-574-4332 to set up a consultation now.
What Causes Pedestrian Accidents?
In most situations, driver error is what leads to a pedestrian accident. Drivers may fail to notice pedestrians while changing lanes or making turns, or they may notice a pedestrian but fail to adjust their behavior in time. Additionally, drivers are often unaware just how often pedestrians have the right of way. Pedestrians have the right of way in the following situations:
- In a marked crosswalk
- Unmarked crosswalk without traffic lights or stop signs
- In a crosswalk before a light change
- In an intersection with a flashing yellow arrow
- When entering the roadway from an alley or driveway
Unfortunately, when drivers ignore a pedestrian’s right of way or simply aren’t paying attention, the pedestrian is the one who suffers. While drivers may walk away with a dent or scratch on their vehicle, pedestrians are at serious risk of severe or fatal injuries. That’s why state laws focus so heavily on pedestrian safety, and it is why drivers often face serious penalties for hitting pedestrians.
What to Do If You’re Hurt in a Pedestrian Accident
The moments after a pedestrian accident might feel surreal. Victims often report an out-of-body experience during which they aren’t quite sure if the accident really happened. This is common—the body produces a surge of adrenaline during an accident to obscure pain and help you escape a dangerous situation. This, combined with the shock of the accident, can leave you feeling overwhelmed.
However, these moments matter, both for your physical health and your personal injury claim. Take these steps to protect yourself and your claim:
- Get medical care right away. It is crucial to get checked out by a medical professional right away after a pedestrian accident. You could have sustained serious injuries and not even know it yet. When you leave your appointment, keep copies of all of your medical reports for your attorney.
- Report the accident. Call emergency services at the scene of the accident. The accident must be reported so the driver can be held accountable and you can seek compensation. If you need immediate medical care, they can also help you get an ambulance. When it’s available, pick up a copy of the police report.
- Gather contact information for the driver and anyone who stopped to help. This will be important for your attorney when they begin working on your case.
- Keep any evidence you may have. This includes photos of the accident scene, the clothes you were wearing at the time of the accident, witness statements, and medical reports.
- Reach out to us. The sooner you reach out to a personal injury attorney in Daphne, AL, the sooner we can begin helping you fight for the compensation you are owed. When you set up a consultation, bring copies of all of the evidence you have so we can do a thorough investigation.
Fighting for Compensation
You may be entitled to compensation if you can prove that the driver was negligent in their actions. This involves showing that the driver violated their duty of care to you, how that violation led to the accident, and how the accident caused your injuries.
Generally, this is fairly straightforward. You show that you had the right of way when you began walking. Establishing right of way is often to enough to demonstrate the other side’s negligence. However, there are situations in which the driver may not be the negligent party.
Consider, for example, a mechanical error. The driver hit the brakes when they saw you crossing, but their brakes failed, and they hit you anyway. In this case, the manufacturer of the brakes or the vehicle manufacturer may be the liable party.
In some cases, the pedestrian is the liable party. If a pedestrian darts out in front of a car when they do not have the right of way, they may not be able to receive compensation. The same is true if they enter the roadway where they are not legally permitted to do so. In these situations, though, the driver does still have an obligation to avoid a crash if possible. They can’t simply keep driving at full speed because you entered the roadway illegally.
Depending on the circumstances of your accident and injuries, you may be entitled to several types of compensation:
- Medical bills and other related expenses
- Lost wages and income
- Lost future income if you are permanently unable to work
- Pain and suffering
- Property damage
- Mental anguish
The circumstances of each case vary widely, so it’s important to explore your options fully with an attorney to help determine which damages you might be eligible for.
How a Daphne, AL Pedestrian Accident Attorney Can Help You
Working with a pedestrian accident attorney can help you maximize your claim and get what you are due. When you get hit by a driver, the driver’s insurance company will typically reach out very quickly after the accident. They know how expensive pedestrian accidents can be, so their goal is to get to you before you know the full extent of your injuries. Their hope is that they can offer you a token settlement, get you to sign a waiver of liability, and close the claim.
This, as you can imagine, benefits them—not you. Talking to an attorney first gives you time to understand the severity of your injuries, find out how much your claim is truly worth, and decide what type of settlement you’re willing to accept. Additionally, this move keeps you out of the negotiator’s seat, so you don’t have to worry about the stress and pressure of going up against an insurance company.
Your attorney works with your best interests in mind, allowing you to focus on your recovery.
Choose Burns, Cunningham & Mackey for Your Personal Injury Claim
If you have suffered injuries in a pedestrian accident, let us help you as you pursue compensation. To find out how Burns, Cunningham & Mackey can help, call our team at 800-574-4332 or contact us online.