This page was written, edited, reviewed & approved by JR Krebs following our comprehensive editorial guidelines. JR Krebs, the Founding Partner, has years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
Walking in Huntsville can be dangerous, especially near busy areas like University Drive and Memorial Parkway. Every year, pedestrians are hit by cars while crossing streets, walking in parking lots, or moving along roadways without sidewalks. Alabama's strict contributory negligence law makes these cases extra hard for injured people.
Because of Alabama's contributory negligence law, being found even slightly at fault for your accident may prevent you from recovering compensation. Many pedestrians don't know this rule and say things after an accident that hurt their case. Insurance companies often use this law to avoid paying victims.
At Krebs Personal Injury Lawyers, we help pedestrians hurt in Huntsville traffic accidents. We know the local roads, intersections, and Alabama laws that affect your case. This article explains what happens after a pedestrian accident and how a lawyer can help you.
A pedestrian accident claim is a legal case you can file when a car, truck, or bike hits you while you're walking. This type of claim asks for money to pay for your medical bills, lost wages, and pain from your injuries. In Alabama, you can file this claim with the driver's insurance company or as a lawsuit in court.
Huntsville has special issues that affect these claims, like the busy intersections at University Drive and Memorial Parkway where many crashes happen. Local rules about crosswalks, pedestrian signals, and right-of-way at places like Bridge Street Town Centre or downtown Huntsville can affect who is at fault. The layout of roads near Redstone Arsenal, Cummings Research Park, and UAH campus creates unique dangers for people walking in these areas.
Being hit by a car while walking is scary and confusing, but there are clear steps to take right after a pedestrian accident in Huntsville.
Call 911 right away to get police and medical help to the scene. Even if injuries seem minor, some problems like internal bleeding or head injuries might not be obvious right away.
Ask the police to file an official accident report. This report becomes important evidence that shows what happened and who might be at fault.
Go to the hospital or see a doctor even if you feel okay. Many injuries like concussions, soft tissue damage, or internal injuries might not hurt until hours or days later.
Keep all medical records and bills from your treatment. These documents show the connection between the accident and your injuries, which helps your claim.
Take pictures of the accident scene, your injuries, the vehicle that hit you, and nearby traffic signs or signals. Get names and phone numbers of anyone who saw what happened.
Save the clothes and shoes you wore during the accident without washing them. Damage to these items can show the force of impact and help experts understand how the accident happened.
*
Pedestrian accidents happen often in Huntsville, especially in busy areas like University Drive and Memorial Parkway. Cars hit people walking for many different reasons, but pedestrian accident statistics confirm that most accidents could be avoided if drivers paid more attention. Understanding these causes helps walkers stay safer on Huntsville streets, as these are among the common types of car accidents.
Many pedestrian accidents in Huntsville happen near shopping centers, restaurants, and office parks where both foot and car traffic are heavy. The layout of some Huntsville roads makes crossing difficult for people walking, particularly near Redstone Arsenal and Research Park where roads were designed mainly for cars. Here are the most common causes of pedestrian accidents in our city:
Distracted driving happens when drivers look at phones, adjust radios, or eat while driving. Even a brief glance at a phone while driving can cause a driver to miss important changes on the road, increasing the risk of a serious accident.
Speeding gives drivers less time to stop when they see someone crossing. Getting hit by a car at higher speeds significantly increases the risk of serious injury or death, while lower-speed impacts are generally less severe and more survivable.
Unmarked crosswalks confuse both drivers and pedestrians about who has the right of way. Many Huntsville neighborhoods and older parts of town lack clearly marked crossing areas.
Poorly lit roadways make it hard for drivers to see people walking at night. Many accidents happen after dark on streets like Bob Wallace Avenue and Jordan Lane where streetlights are far apart.
Drunk or impaired drivers have slower reaction times and poor judgment. These accidents often happen late at night and on weekends, especially near entertainment areas.
Failure to yield occurs when drivers don't stop for people in crosswalks or when turning at intersections. This is common downtown and near Bridge Street Town Centre where many people walk.
Bad weather conditions like rain reduce visibility and make roads slippery. Huntsville's sudden thunderstorms create dangerous conditions for both drivers and pedestrians.
Alabama uses a strict rule called "contributory negligence" that makes pedestrian accident cases very challenging. Under this rule, if you are found even 1% at fault for your accident, you might not get any money at all for your injuries. This is different from most states where you can still get some money even if you were partly at fault.
A small mistake like crossing outside a crosswalk or looking at your phone while walking can completely block your claim. For example, in recent cases like Pruitt v. Oliver, the court ruled that even pedestrians in motorized wheelchairs must follow traffic laws or risk losing their right to compensation. Alabama Code § 32-5A-215 requires pedestrians to use sidewalks when available and walk facing traffic when there are no sidewalks.
The burden of proving the driver was 100% at fault falls on you as the injured pedestrian. This means gathering strong evidence that shows the driver violated traffic laws like Alabama Code § 32-5A-211, which requires drivers to yield to pedestrians in crosswalks. Huntsville pedestrian accident lawyers work to prove the driver was texting, speeding, or running a red light while demonstrating you followed all pedestrian laws perfectly.
Getting hit by a car while walking often leads to serious injuries that cost a lot of money to treat. When a driver hits you, Alabama law allows you to ask for money to cover these costs through an insurance claim or lawsuit. The money you can get is called "damages" and comes in different types based on how the accident has affected your life.
For pedestrians, injuries are often worse than for people in cars because walkers have no protection from the impact. Here are the main types of money you might receive after being hit by a car in Huntsville:
Medical expenses cover hospital stays, surgeries, doctor visits, medications, and ambulance rides related to your injuries.
Lost wages replace the money you couldn't earn while missing work because of your injuries.
Future rehabilitation costs pay for ongoing physical therapy, occupational therapy, or other treatments you'll need to recover.
Pain and suffering compensates for the physical pain and discomfort you experience from your injuries.
Emotional distress provides money for anxiety, fear, sleep problems, or other mental health issues caused by the accident.
Loss of enjoyment of life covers your inability to do hobbies, sports, or other activities you enjoyed before getting hurt.
Permanent disability compensates for lasting injuries that will never fully heal or that limit your abilities forever.
Disfigurement provides money for scars, amputations, or other visible changes to your body from the accident.
Property damage pays to replace or fix personal items damaged in the crash, like phones, laptops, glasses, or watches.
Wrongful death damages help families with funeral costs, lost income, and loss of companionship when a loved one dies after being hit by a vehicle.
A pedestrian accident lawyer knows how to handle all parts of your case from start to finish. They work with the legal system every day and understand how to build a strong claim for someone hit by a car while walking.
Your lawyer may bring in accident reconstruction experts who use science and math to show exactly how the crash happened. These experts can create diagrams or 3D models that explain complex accidents in simple terms.
A lawyer gathers all official documents like police reports, traffic camera footage, and your complete medical records. They also talk to witnesses while memories are still fresh and take photos of the accident location.
When insurance companies offer small settlements that don't cover your bills, your lawyer responds with evidence showing why you deserve more money. They know the tactics insurers use to save money and how to counter them, including how to claim auto insurance after an accident.
Insurance companies often try to say you were partly at fault for the accident. Your lawyer prevents this blame-shifting by showing you followed pedestrian laws and the driver was completely responsible.
Your lawyer can show when drivers broke traffic laws by running red lights, texting while driving, or going over the speed limit, all of which violate driver negligence law. They gather evidence like cell phone records, traffic camera footage, or statements from people who saw the accident.
They connect the driver's mistakes directly to your injuries by working with doctors who explain how the impact caused specific medical problems. This link between the driver's actions and your injuries is key to winning your case.
Lawyers calculate all your financial losses including hospital bills, therapy costs, missed work days, and future medical care you might need. They use this total to show why the settlement offer should be higher.
They also explain your non-financial losses like physical pain, emotional suffering, and activities you can no longer enjoy. These personal impacts are harder to measure but often deserve significant compensation.
Here are answers to common questions people ask after being hit by a vehicle while walking in Huntsville.
In Alabama, you have two years from the date of your accident to file a lawsuit for injuries. This time limit is called the statute of limitations and is very strict. If you wait too long and file after the two-year mark, the court will likely dismiss your case regardless of how serious your injuries are.
Alabama uses a strict rule called "contributory negligence" that can prevent you from getting any money if you were even slightly at fault. For example, if you crossed outside a crosswalk or were looking at your phone while walking, you might be considered partly responsible. Insurance companies often look for ways to show you shared blame for the accident.
Talking to the other driver's insurance company without legal advice can hurt your case. Insurance adjusters may record your words and use them against you later to deny your claim or reduce your payment.
Krebs Personal Injury Lawyers has helped many Huntsville pedestrians get money after being hit by cars while walking. Our team grew up in Alabama and knows the streets, intersections, and traffic patterns that make Huntsville unique. We understand how hard recovery can be when you're dealing with injuries, medical bills, and time away from work.
You can talk to our lawyers for free about your pedestrian accident case with no obligation to hire us. Our Huntsville office works with clients from all parts of Madison County including areas near Redstone Arsenal, UAH campus, and downtown. Contact us today to set up your free meeting where we can listen to what happened and explain your options in simple terms.
J.R. is dedicated to providing personalized representation, avoiding a one-size-fits-all approach. He tailors his strategy to the unique challenges and needs of each client and case, ensuring focused and individualized attention.
His practice mainly covers Plaintiff’s Personal Injury, including car and 18-wheeler accidents, slips and falls, dog bites, defective products, and wrongful death. He also handles commercial disputes on contingency, with experience in contracts, construction, and probate. For any dispute headed toward litigation, J.R. develops an aggressive strategy to maximize your recovery through negotiation, arbitration, or trial.
"*" indicates required fields
