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.
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.
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 at (251) 943-9330 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.