You generally have two years from the date of the injury to file a lawsuit under Alabama Code Section 6-2-38. If you miss this deadline, you will likely lose your right to seek compensation. However, there are some exceptions, which is why consulting an attorney early is critical.
Because of Alabama’s strict contributory negligence law, if you are found to be even 1% at fault, you cannot recover any money. This makes it absolutely vital to have an attorney who can effectively argue that the other party was 100% responsible and protect you from allegations of shared fault.
The value of a case depends on many factors, including the severity of your injuries, the total amount of your medical bills and lost wages, and the impact the injury has had on your life. We can give you a better idea of your case’s potential value after a thorough review of the facts.
The timeline varies greatly. A straightforward case might settle in a few months, while a complex case that goes to trial could take a year or more. We strive to resolve cases efficiently, but we will never rush a settlement if it means accepting less than you deserve.
Probably not. The vast majority of personal injury cases are settled out of court through negotiations with the insurance company. However, if a fair agreement cannot be reached, we are fully prepared to represent you at trial.
We handle all personal injury cases on a contingency fee basis. This means you pay absolutely no attorney fees unless and until we win your case and recover money for you. Our fee is a percentage of the total recovery, so there is no financial risk to you.
You may still be able to recover compensation through your own insurance policy if you have Uninsured/Underinsured Motorist (UIM) coverage. We can help you navigate this process and uncover all available sources of compensation.
We are not afraid to take on even the most complex cases. We thrive on the challenge of fighting for our clients’ rights against powerful opposition. We have a history of securing favorable outcomes for our clients, and we will fight tirelessly to ensure you are made whole again.
Pedestrian accident cases involve catastrophic injury patterns disproportionate to the speed of the collision, bias from insurance adjusters who routinely argue the pedestrian should have been more careful, the complex interplay of Alabama's pedestrian right-of-way statutes, and the heightened importance of Alabama's contributory negligence rule---which bars recovery entirely if the pedestrian is found even 1% at fault.
A fender-bender between two cars at 25 miles per hour might produce whiplash and a sore neck. That same 25-mile-per-hour impact between a vehicle and a human body can fracture a pelvis, rupture a spleen, or cause a traumatic brain injury. The absence of any protective barrier between the pedestrian and the vehicle means the severity of injuries is almost always more extreme---and the medical costs correspondingly higher.
The legal dynamics are equally challenging. Insurance adjusters handling pedestrian claims often start from the assumption that the pedestrian did something wrong---jaywalked, was distracted by a phone, stepped off the curb without looking. This default skepticism mirrors the anti-rider bias we see in motorcycle cases, and it requires the same aggressive, evidence-driven response. We build every pedestrian accident case on physical evidence, surveillance footage, witness testimony, and, when necessary, accident reconstruction that proves the driver's negligence caused the collision.
Alabama Code §§ 32-5A-210 through 32-5A-222 establish the rights and responsibilities of both pedestrians and drivers. Drivers must yield to pedestrians in marked and unmarked crosswalks, obey traffic signals, and exercise due care to avoid colliding with any pedestrian at all times---even when the pedestrian does not have the right of way. Pedestrians must obey traffic signals, use crosswalks where available, and walk on sidewalks when they exist.
Under Alabama Code § 32-5A-211, drivers must yield the right-of-way to pedestrians crossing within a marked crosswalk or an unmarked crosswalk at an intersection when the pedestrian is on the half of the roadway where the vehicle is traveling, or approaching so closely from the opposite half of the roadway as to be in danger. If a vehicle is stopped at a crosswalk to allow a pedestrian to cross, no other driver may overtake and pass that stopped vehicle.
The law does include a limitation: a pedestrian cannot suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard[3]. This provision is the hook that insurance companies grab onto in virtually every pedestrian claim---arguing the pedestrian stepped into traffic too suddenly for the driver to stop. We counter these arguments with evidence of the driver's speed, distraction, and failure to keep a proper lookout.
Alabama Code § 32-5A-212 requires pedestrians crossing at any point other than a marked or unmarked crosswalk to yield the right-of-way to all vehicles. This statute creates significant risk for pedestrians struck while crossing mid-block---but it does not eliminate the driver's independent duty of care.
Alabama Code § 32-5A-213 imposes a standalone obligation on every driver to exercise due care to avoid colliding with any pedestrian and to give a warning by sounding the horn when necessary. This duty applies regardless of whether the pedestrian has the right-of-way. A driver who sees---or should have seen---a pedestrian in or near the roadway and fails to take reasonable action to avoid a collision has breached this duty, even if the pedestrian was technically in the wrong.
The most frequent causes of pedestrian accidents in Baldwin County include drivers failing to yield at crosswalks, distracted driving, speeding in pedestrian-heavy areas, impaired driving, drivers making turns without checking for pedestrians, poor visibility at night, and inadequate pedestrian infrastructure in rapidly developing areas.
Alabama follows the pure contributory negligence rule, meaning that if a pedestrian is found to be even 1% at fault for the accident (e.g., jaywalking, distracted walking, crossing against a signal), the pedestrian may be barred from recovering any compensation. This is one of the harshest standards in the country and makes early investigation and evidence preservation absolutely critical.
Insurance companies defend pedestrian claims more aggressively in Alabama than in almost any other state because the contributory negligence rule gives them a powerful weapon. If the adjuster can find any evidence---or manufacture any argument---that the pedestrian shared even a sliver of fault, the claim can be denied entirely. The pedestrian was looking at their phone. The pedestrian was wearing dark clothing at night. The pedestrian crossed mid-block instead of at the crosswalk.
We prepare for these arguments from the first day of the investigation. Securing surveillance footage from nearby businesses along Highway 59 or the Gulf Shores commercial district, obtaining the driver's cell phone records to prove distraction, documenting the crosswalk markings and signal timing, and working with accident reconstruction professionals to establish that the driver (not the pedestrian) caused the collision are the steps that defeat a contributory negligence defense.
Victims of pedestrian accidents may recover economic damages (medical bills, future medical care, lost wages, lost earning capacity, and property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium), and, in cases involving extreme recklessness or impaired driving, punitive damages. Pedestrian accident claims frequently involve larger damage amounts than standard auto cases because of the severity of injuries.
We handle all pedestrian accident cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. Our fee is a percentage of the total recovery. There are no upfront costs, no hourly bills, and no financial risk to you.
Pedestrian accident cases require significant resources---accident reconstruction, medical documentation, surveillance footage recovery, and testimony from qualified professionals. We invest those resources on your behalf because we believe in your case. The contingency fee model ensures that injured pedestrians can access aggressive legal representation regardless of their financial situation.
Evidence is disappearing right now. Surveillance footage from nearby businesses is being overwritten, the driver's phone records are becoming harder to obtain, and the insurance company is already building its contributory negligence defense.
The Law Office of Lindsay Demers is prepared to act immediately to preserve evidence, investigate the crash, and protect your right to full compensation. We serve pedestrian accident victims throughout Baldwin County, from Foley and Gulf Shores to Daphne, Fairhope, Spanish Fort, Bay Minette, and every community along the Highway 59 corridor.
Call us now at 251-308-4200 or fill out our contact form for a free, no-obligation consultation. We will review the facts of your accident, explain your legal options, and get to work building the strongest possible case for your recovery.
Do pedestrians always have the right of way in Alabama?
No. Pedestrians have the right-of-way in marked and unmarked crosswalks when traffic signals permit crossing or when no signals are present. Pedestrians crossing outside a crosswalk must yield to vehicles under Alabama Code § 32-5A-212. However, drivers must always exercise due care to avoid hitting a pedestrian, regardless of who has the right-of-way.
Can I recover compensation if I was crossing outside a crosswalk?
Possibly, but the case becomes significantly more challenging. Alabama's contributory negligence rule means the defense will argue you were at fault for crossing outside a designated area. If the driver was speeding, distracted, impaired, or otherwise failed to exercise due care under Alabama Code § 32-5A-213, you may still have a viable claim---but aggressive investigation and strong evidence are essential.
What is the statute of limitations for a pedestrian accident claim in Alabama?
You have two years from the date of the accident to file a personal injury lawsuit under Alabama Code § 6-2-38. For wrongful death claims, the statute of limitations is also two years from the date of death under Alabama Code § 6-5-410. Missing this deadline permanently forfeits your right to seek compensation.
What should I do immediately after being hit by a car as a pedestrian?
Call 911 to report the accident and request medical attention. If you are able, document the scene with photographs---the vehicle, your injuries, the crosswalk or intersection, traffic signals, and any skid marks. Obtain the driver's insurance and contact information, and the names of any witnesses. Do not make statements about fault to the driver, police, or insurance adjusters. Contact an attorney before giving any recorded statements.
What if the driver left the scene after hitting me?
A hit-and-run does not eliminate your ability to recover compensation. You may file a claim under your own uninsured motorist (UM) coverage if you carry it. We also work with law enforcement and use surveillance footage, witness testimony, and vehicle debris evidence to identify the driver. Hit-and-run drivers who cause injury face felony charges under Alabama law.
Can a government entity be held liable for a dangerous crosswalk or a missing sidewalk?
Potentially. If a municipality or county failed to maintain safe pedestrian infrastructure---missing crosswalk markings, broken pedestrian signals, absence of sidewalks in high-traffic areas---and that failure contributed to the accident, the government entity may share liability. Claims against government entities in Alabama involve strict notice requirements and shortened filing deadlines that make early legal counsel essential.
Are children and elderly pedestrians treated differently under Alabama law?
Alabama law does not create separate pedestrian rules for children or the elderly, but the driver's duty of care is evaluated based on the circumstances. A driver approaching a school zone in Foley or a residential area in Fairhope where children are present is expected to exercise a higher degree of caution than one driving on an empty rural road. The vulnerability of the pedestrian is a factor the jury considers when evaluating reasonableness.
Do I have to deal with the driver's insurance company?
No, and we strongly advise against it. Insurance adjusters are trained to gather statements and evidence that support a contributory negligence defense---and in Alabama, even a single careless remark can be used to bar your recovery entirely. Once you retain our firm, all communication with the insurance company goes through us.
