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When a vehicle strikes a pedestrian or cyclist, the injuries are often catastrophic - broken bones, head trauma, spinal injuries, and internal damage. Drivers who fail to yield at crosswalks, run red lights, or simply aren't paying attention put vulnerable road users at serious risk. Our attorneys investigate the full scene, pull traffic camera footage, and work with accident reconstruction experts to prove driver fault and maximize your recovery.
Our experienced trial attorneys serve clients throughout Jefferson County, Shelby County, and surrounding areas including Vestavia Hills, Homewood, Mountain Brook, Bessemer, Fairfield, Irondale, Trussville, and Pelham. We handle cases involving I-65, I-459, Highway 31, and US 280. Licensed in Alabama, Georgia, and South Carolina, we fight for maximum compensation with no attorney fees unless we win your case.
We believe an informed client is a stronger client. Before you ever call us, here is an honest look at how these cases really work in Alabama, the deadlines that matter, and how to protect what you are owed.
Pedestrians and cyclists have almost no protection when a vehicle strikes them, so these collisions tend to cause severe, life-changing injuries. Victims also face the same challenge that confronts motorcyclists: drivers and insurers who try to shift blame onto the person on foot or on the bike. Alabama's fault rule makes that defense especially dangerous.
This guide explains how pedestrian and bicycle accident claims work in Alabama: how right-of-way and fault are decided, how the blame-shifting defense is countered, what coverage may apply, and the steps that protect your recovery. It is written for injured pedestrians and cyclists, and a conversation about your specific case is always free.
Alabama is one of only a small handful of states that still follows a rule called 'pure contributory negligence.' Under this rule, if the insurance company or a jury concludes that you were even one percent at fault for your own injury, you can be barred from recovering anything at all. This is one of the harshest fault standards in the country, and it is the single biggest reason injury claims in Alabama are fought so aggressively.
Because of this rule, defense lawyers and insurance adjusters spend enormous energy trying to pin even a sliver of blame on the injured person. A stray comment, a social media post, or an unguarded statement to an adjuster can be twisted into an admission of partial fault. Understanding that this is the game being played, and protecting against it from day one, is often the difference between full compensation and no recovery at all.
Drivers who hit pedestrians and cyclists frequently claim the victim 'darted out,' was not in a crosswalk, or was riding unpredictably. Under Alabama's contributory negligence rule, even a small share of fault assigned to the victim can defeat the entire claim, so these arguments are not minor; they are the heart of the defense.
Countering them requires evidence: the precise location of the impact, traffic signals and signage, surveillance and traffic camera footage, and witness accounts. Establishing that you had the right of way, or that the driver failed to yield or was distracted, is central to the case.
Even though you were on foot or on a bicycle, auto insurance is usually still the source of recovery, beginning with the driver's liability coverage. If the driver fled or was uninsured, your own auto policy's uninsured motorist coverage may apply even though you were not in your car.
Identifying every applicable policy early can significantly affect the outcome, especially in serious-injury cases where a single policy is not enough.
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Pedestrian and cyclist injuries are often severe and can be internal. Prompt, complete treatment protects your health and your claim.
Note the exact location, signals, and crosswalks, and act quickly to secure any traffic or surveillance video before it is lost.
Independent witnesses are powerful for establishing right of way and countering claims that you caused the crash.
The driver's liability coverage and your own uninsured motorist coverage may both apply, even though you were not in a vehicle.
The legal right to proceed first in traffic. Establishing who had it is often central to pedestrian and cyclist cases.
A driver's failure to give the right of way as required by law, a common cause of pedestrian and bicycle crashes.
Coverage on your own auto policy that may apply when a hit-and-run or uninsured driver strikes you, even on foot or bike.
Alabama's rule barring recovery if the injured person is even slightly at fault, making blame-shifting defenses serious.
We work on a contingency fee basis, meaning you pay no attorney fees unless we win your case. There are no upfront costs, and we advance all case expenses. You only pay if we recover compensation for you.
In most Alabama personal injury cases you generally have two years from the date of the injury to file a lawsuit, though some situations, such as claims against government entities, carry much shorter notice deadlines. Because evidence disappears and building a strong case takes time, it is crucial to contact an attorney as early as possible. Call us now for a free case review.
We serve clients throughout Central Alabama including Hoover, Birmingham, Vestavia Hills, Homewood, Mountain Brook, Bessemer, Fairfield, Midfield, Ensley, Irondale, Trussville, Gardendale, Fultondale, Pelham, Helena, and Alabaster. We're also licensed in Georgia and South Carolina.
We handle a full range of personal injury cases throughout Central Alabama.