When a motorist collision occurs involving pedestrians, the incident is referred to as a pedestrian accident. The extent of damage these types of accidents cause can be catastrophic, ranging anywhere from fatal injuries to those involved to excessive damage to property.
If you were severely injured in a traffic accident involving pedestrians due to another party’s negligence, the at-fault party responsible may be held liable for the resulting damages. To learn more about recovering damages for accidental injuries, call now and schedule a complimentary consultation with a sophisticated Birmingham pedestrian accident lawyer.
Limitations on Birmingham Pedestrian Accident Injury Claims
In personal injury cases, there are two significant limitations placed on civil injury claims under Alabama state law, including those stemming from pedestrian-related accidents. The first is the statute of limitations the state places on personal injury claims, and the other is the restriction on a claimant’s eligibility to recover damages.
In Birmingham, those seeking to file a civil injury claim for damages for injuries sustained in a pedestrian collision have two years from the date of the accident in which their injuries were sustained, as provided under § 6-2-38 of the Code of Alabama. Failure to bring a civil action within the period of time allotted under the statute of limitations can have devastating consequences, most notably, the claimant’s loss of their right to file a civil injury claim through which to seek compensation for their accidental injuries and injury-related losses.
In addition to the limited amount of time in which an injured party can file a claim for damages, a claimant could also be at risk of having their eligibility to recover damages revoked under the state’s contributory negligence law. According to the rule, if an injured party is deemed to have contributed to their injuries in any way, they will be barred from recovering damages entirely. To mitigate the losses they could suffer by failing to effectively bring a civil action, claimants should consult an experienced civil litigator before filing an injury claim.
Leading Causes of Accidental Injuries to Pedestrians
While the parties to a pedestrian accident include both pedestrians and motorists, the cause of the accident could stem from the actions of either of the parties involved. Additionally, while not all pedestrian-related motorist collisions occur the same way, some of the more common causes of pedestrian accidents include:
- Distracted or inattentive driving
- Failure to adhere to the rules of the road
- Operating a vehicle while under the influence
- Low visibility (e.g., driving at night or in inclement weather conditions)
How a collision is caused plays a significant role in determining which of the parties involved is primarily responsible and may be held liable for damages. A skilled pedestrian accident attorney in Birmingham could review the facts of an injured party’s case to determine whether they could be potentially liable and if it could impact their ability to seek financial compensation from the opposing party.
Discuss Your Case with a Birmingham Pedestrian Accident Attorney Today
Today, pedestrian accidents account for a significant portion of accident-related fatalities that occur on state and local roadways. While the severity of an accident victim’s injuries will vary on a case-by-case basis, the losses endured by those injured in a pedestrian accident can be catastrophic.
If you or a loved one have suffered devastating losses due to the injuries you sustained in a pedestrian accident, you may have a viable civil claim through which to seek financial compensation. To learn more about the legal recourse you may have to recover damages for your injuries and injury-related losses, reach out to speak with a dedicated Birmingham pedestrian accident lawyer today.