A series of recent Alabama pedestrian accidents have hi-lighted the need for strict enforcement of crosswalk right-of-ways and better public education. Early last month a University of Alabama at Huntsville student was hit while coming back from class. Before that, in 2011, a jogger was hit while running in Mountain Brook. Finally, a tragic accident occurred in Mobile when a police officer struck a husband and wife, killing the man and leaving the woman permanently disabled.
Pedestrian accidents with cars are not uncommon, particularly in urban or residential areas where autos and walkers share the streets. Efforts have been made to clearly define walkways for pedestrians and warn drivers of their presence.
In any claim against an auto driver, it must be shown that they were negligent before a recovery can be had for personal injury compensation. "Negligence" is the failure of the driver to keep a reasonable look-out for foreseeable pedestrians.
The above mentioned accident in Mobile is disturbing because it involved a city police officer, who, by virtue of Alabama laws capping claims against municpalities, cannot be resposible for more than $100,000 in damages, regardless of the severity of the injuries caused. A Mobile county grand jury cleared the officer of any criminal conduct but a claim for civil liability has been filed against him.
If you have been injured and need a pedestrian accident attorney, remember that Alabama has a two year statute of limitations, plus a 6-month notice of claim requirement in cases against municipalities.