Every year, thousands of pedestrians die in traffic collisions. As environmental concerns encouraging carpooling, bicycling, and walking gain momentum, pedestrian safety is more of a concern than ever before. On the busy streets of Birmingham, AL, a pedestrian incident may be just around the corner. If you’ve been the victim of a pedestrian accident, count on the relentless and passionate attorneys at Powers Injury Law for legal counsel.
Pedestrian Traffic Laws in Birmingham
Alabama Code Sections 32-5A-1 though 32-5A-330 explains the pedestrian rules of the road in our state. These laws govern the proper use of roadways, sidewalks, and intersections by pedestrians. The main rule for all pedestrians navigating the streets of Birmingham is to obey all traffic control devices – motor vehicle traffic signs and pedestrian control signs. This includes walk/don’t walk devices found at most crosswalks and intersections.
Pedestrians have the right-of-way whenever special pedestrian control signals give the “Safe to Walk” symbol. In these situations, motorists must yield and wait for pedestrians to completely clear the crosswalk before proceeding. When there is no pedestrian control device at marked crosswalks or intersections, vehicles must yield the right-of-way to crossing pedestrians. If a pedestrian crosses the road anywhere other than a crosswalk or intersection, the pedestrian must yield right-of-way to oncoming vehicles.
It is unlawful for pedestrians to walk in the roadway if a sidewalk is available. With no sidewalk available, pedestrians must keep to the shoulder, as far away from traffic as possible. A pedestrian under the influence of drugs or alcohol cannot lawfully walk on a roadway in Alabama. While the laws may vary in specific locations or incidences, these are the basic rules of the road for pedestrians in Alabama and throughout the country.
Proving Fault in a Pedestrian Collision
Pedestrians have a right to assume that motorists will obey traffic laws and yield to them while crossing the road lawfully. However, it is important to always be on the defense as a pedestrian. Never assume drivers will see you or vehicles will stop to let you cross. Always look both ways before crossing a street, even if a pedestrian control signal gives you the okay to walk. This being said, if a motorist who should have yielded the right-of-way collides with you, it is the motorist’s fault, not yours.
Alabama is a contributory negligence state. This means that if the courts find the plaintiff at all responsible for a collision, it will bar the plaintiff from receiving compensation. Contributory negligence rules can be harsh, and lead to unfair verdicts in many cases. As an injured pedestrian, it is important to retain a skilled and aggressive lawyer to represent your case. Otherwise, negotiations with insurance companies and settlement agreements may not go in your favor. A competent team of attorneys can investigate your incident, collect any relevant evidence, and help defend your case in front of a judge or jury.
Get Legal Help for Your Pedestrian Incident Injuries Today
To work with attorneys in Birmingham that have a deep understanding of pedestrian laws and collision liability, come to Powers Injury Law. Pedestrian incidents can involve complex roadway rules and motorist laws, as well as questions regarding contributory negligence. For example, if you were looking down at your phone when you walked into the road, the defense may argue that you are partially responsible for the incident, even if you had right-of-way.
After a serious pedestrian collision, you need a team of attorneys you can trust with delicate legal matters. You need Powers Injury Law. Contact us online or call (205) 582-2723 today to schedule a free initial consultation.