Passenger & Pedestrian Injuries in Birmingham Auto Accidents

Unfortunately, passengers and pedestrians are often innocent victims injured in Birmingham car accidents. If you sustain injuries while riding as a passenger in a vehicle involved in an auto accident in Birmingham, you are entitled to receive compensation for your injuries. As a passenger, you may have a claim against both the driver of the vehicle you were riding in, as well as the drivers of any other vehicles involved in the collision. Passengers are typically free of blame in causing accidents unless they do something that distracts the driver. Therefore, contributory negligence is generally not a factor in passenger injury claims.

Almost 600 pedestrians were injured in Alabama auto accidents in 2006, and another 81 pedestrians were killed. In fact the number of pedestrian fatalities that resulted from auto accidents rose almost 10% between 2005 and 2006. If you are a pedestrian involved in a Birmingham auto accident, you may be able to receive compensation for your injuries, either from the driver of the vehicle in a single-vehicle crash or from both drivers if more than one vehicle is involved in the accident. Determining who is negligent in pedestrian cases can be complicated. Many factors must be considered, including the following:
 

• Were you paying attention to traffic when you crossed the street?

• Were you jaywalking or crossing in a designated crosswalk?

• Did the car run a red light or fail to yield at an intersection?

• Was the traffic signal malfunctioning?

If possible, you should write down the names and addresses of witnesses at the scene who can verify your account of the accident. In general, pedestrians have the right of way when traffic control signals are not in place or not in operation. If the injured pedestrian is a child, however, and if there is a school or playground nearby, the judge or jury may find that the driver should have been aware that children were in the area. This can be used to show the driver wasn’t taking proper precautions to avoid an accident.

A third party can also be responsible in pedestrian accidents. For example, if a crossing signal or traffic light malfunctioned, it may be possible to hold the municipality responsible for failing to adequately maintain or repair the light. Contact The Walker Law Firm today at 1-877-925-5373 to discuss your case with an experienced Birmingham accident attorney.