A personal injury accident is any type of accident where one person is injured, and another person (or company) is liable. A pedestrian accident occurs when a person who is traveling on foot is hit by a driver. The driver can be operating any type of vehicle. A semi-truck can hit a person, and it would still be considered a pedestrian accident. A personal injury attorney Oxford AL assists in a variety of personal injury cases such as a pedestrian accident.
The Pedestrian and Crosswalk Laws to Prevent a Pedestrian Accident
A pedestrian must obey laws to avoid getting injured and being liable for their own damages such as lost wages, medical bills and pain and suffering. This means Alabama Law requires them to cross in the crosswalks and not jaywalk. Jaywalking involves crossing the street at any part of the sidewalk not designated as a crosswalk.
Alabama has also enacted laws drivers must follow to prevent them from being liable for hitting a pedestrian. For example, a driver must stop and yield the right of way to a pedestrian who is walking in the roadway within the crosswalk area. They also must stop and yield for a pedestrian when they are approaching the pedestrian from the opposite half of the cross-walking area. This is to avoid the risk of hitting a pedestrian. When a driver doesn’t obey these rules and a person is injured, they are liable.
Liability Means Being Legally Responsible for Paying Damages
Liability for a pedestrian accident means paying for all damages caused by that accident. These damages may involve paying medical bills, lost wages or property damage. A driver doesn’t always admit they are liable for an accident. This means the pedestrian must prove liability in court.
Proving liability starts by showing the driver was negligent. Negligence involves the failure of a driver to do what a reasonable driver would do in the same circumstances. For example, a reasonable driver would have followed the law by stopping their vehicle and yielding to the pedestrian. This means the driver who hit the pedestrian would be at fault for the accident.
Showing Negligence in an Alabama Pedestrian Accident
The accident may meet the definition of negligence. However, the injured pedestrian is still required to prove liability by proving elements. These elements are:
1. Showing the driver had a legal duty to the pedestrian not to injure them by following all traffic laws.
2. Showing the driver breached that duty by causing the accident.
3. Connecting their injuries to the driver’s negligent actions.
4. Showing the driver owes them money for all their damages.
A Personal Injury Accident Lawsuit Must be Filed within Two Years of the Accident.
Anyone injured in a pedestrian accident has a specific amount of time to file a lawsuit. This is two years, according to the statute of limitations in Alabama. After that time, a person can no longer file and the wrongful party will not have to pay damages.