Pedestrian Accident Lawyer Baldwin County, AL | Whit A. Thomas, Attorney at Law

Foley, and southern Alabama in general, is a great place to be outside, enjoying the beautiful scenery and fresh air. However, pedestrians may be vulnerable to accidents even in such an inviting setting. According to the New York Times, moreover, pedestrian deaths spiked nationally by 11 percent last year to reach nearly 6,000 fatalities, which was the highest total in nearly two decades. Although any type of automobile accident may leave an innocent victim with serious and potentially disabling injuries, pedestrian accidents are often especially traumatic. This is because when a full-size vehicle strikes a human being with no means of protection, the injuries tend to be very severe. Knowledgeable Foley pedestrian accident attorney Whit A. Thomas understands that people who have been hurt by negligent motorists need a dedicated, skillful car accident lawyer to represent them in pursuing fair compensation for their injuries.

Pursuing Damages Following a Pedestrian Accident

In Alabama, someone whose negligence (or failure to act in a reasonably careful manner) caused harm to a victim may be held legally liable for damages such as medical expenses, lost wages, and pain and suffering. If the defendant’s conduct was reckless, willful, or wanton, they may also be ordered to pay punitive or exemplary damages, which are designed to punish such behavior and deter others from behaving similarly in the future.

The statute of limitations in Alabama is two years for a personal injury or wrongful death claim. Failing to file suit or a notice of claim against a government entity in the time required by law will usually result in the dismissal of the plaintiff’s lawsuit and their loss of the right to receive compensation. This is one reason why it is important to retain a pedestrian accident lawyer in the Foley area who can guide you through your claim in a diligent and timely manner.

Another reason why you should seek legal counsel as an injured pedestrian is that an attorney can help you fight any argument that you were partly at fault for the accident. A driver who is sued after striking a pedestrian has an incentive to “pin the blame” on the pedestrian if at all possible, since the rule of contributory negligence prevents a victim from receiving compensation if they were at fault to any extent.

Unfortunately, some pedestrian accidents prove fatal, leaving the families of victims with a heavy emotional and financial burden. The personal representative of a victim’s estate may file a wrongful death action in these cases, seeking punitive damages for the victim’s heirs. These cases tend to be relatively complex and benefit from the assistance of a wrongful death lawyer with experience in this area.

Talk to an Experienced Pedestrian Accident Attorney in Foley or the Surrounding Areas

If you are dealing with the aftermath of a devastating pedestrian accident involving you or a family member, you should know that you have important rights to assert. Foley pedestrian accident lawyer Whit A. Thomas offers a free consultation to discuss your case, and he accepts most cases on a contingency fee contract so that he is only paid out of a settlement or judgment if and when your claim concludes successfully. To get started on your case, call our offices or contact us online. We can assist people seeking a motor vehicle collision attorney in Foley, Gulf Shores, Fairhope, Daphne, Mobile, Altmore, Monroeville, and Baldwin, as well as other communities in Mobile, Escambia, and Monroe Counties.

Car Crash Lawyer Representing Foley Residents

In many designated areas, pedestrians have the right of way. However, drivers often fail to yield to them when appropriate, causing accidents and serious injuries. Unlike drivers and passengers in motor vehicles, pedestrians do not have any structural protections that can help them absorb the impact of a collision. If you or someone close to you has been hurt, it is important to seek help from an injury lawyer. Whit A. Thomas is an experienced Foley pedestrian accident attorney who is dedicated to advocating for the rights of victims. Let him put his skills to work on your behalf.

Pedestrian Accidents Can be Devastating and Fatal

According to the National Highway Traffic Safety Administration (NHTSA), in 2014, a total of 4,884 pedestrians were killed while an estimated 65,000 were injured across the United States. Unfortunately, this was an increase from 2013 records, which suggests that drivers are not starting to take greater precautions to protect pedestrian safety. Additionally, in 2014, about 15 percent of all traffic fatalities consisted of pedestrians. This is a disproportionate number to the total percentage of incidents in which pedestrians were involved, showing that these accidents tend to be especially devastating.

Establishing Liability for a Pedestrian Accident

The NHTSA defines a pedestrian as any individual on foot, walking, running, jogging, hiking, sitting, or lying down who is involved in a motor vehicle crash. Alabama law allows pedestrians to take legal action against other parties who negligently caused their harm. Negligence is a failure to exercise reasonable care in one’s actions or omissions. The victim must show that the defendant’s lapse of care directly led to the crash.

It is important to note that Alabama follows the doctrine of contributory negligence, which bars the victim from recovering any damages at all if they contributed to their injuries. This approach is quite harsh compared to other states that follow the comparative negligence doctrine, which simply reduces a victim’s compensation based on the percentage of the victim’s fault. As a result, it is particularly important to consult an attorney who can show that you were not in any way responsible for the accident in which you were hurt.

Pedestrian accidents often lead to serious, life-changing injuries. Fortunately, the law allows victims to recover damages for all of their economic and non-economic costs and losses, such as medical expenses, rehabilitation costs, lost income and benefits, pain and suffering, and scarring and disfigurement.

If you have lost a loved one in a pedestrian accident, you may be able to obtain punitive damages through a wrongful death claim. Alabama law does not permit compensatory damages through wrongful death claims, but punitive damages tend to be more commonly available in these cases than they generally are in other matters. These cases are complex, so it is important to speak to a legal professional as soon as possible if you find yourself in this tragic situation.

Consult an Experienced Pedestrian Accident Attorney in the Foley Area

As a skilled Foley pedestrian accident lawyer, Whit A. Thomas is committed to helping victims assert their right to the compensation that they deserve for their harm. We understand that dealing with any type of accident can be extremely stressful for an entire family, and we will try to handle your case as seamlessly as possible. Our firm serves injured individuals throughout Southern Alabama, including in Foley, Summerdale, Robertsdale, Elberta, Lillian, Loxley, Fairhope, Daphne, Gulf Shores, Orange Beach, and throughout Baldwin, Mobile, Escambia, and Monroe Counties. To set up a free consultation with a car accident attorney, call us or contact us online.