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Jul 31, 2024 - Personal Injury, Tuscaloosa by Cross & Smith
Tuscaloosa, Alabama, is a beautiful and historic city with a tight-knit community, but it is not exempt from having issues with pedestrian safety. With more and more people and cars hitting the road, it has become increasingly dangerous for pedestrians. Understanding the local safety concerns and pedestrians’ rights to pursue legal recourse in the event of an accident is paramount in helping to create safer communities and ensuring that victims are fairly compensated for losses. Below, our Tuscaloosa injury attorney discusses what you need to know to stay safe as you move throughout the city.
The main issue when walking in Tuscaloosa is car and truck traffic. Given the numerous intersections in the city, traffic is almost always very high, especially during peak times of day. This leads to a higher chance of accidents.
Another issue that pedestrians face is high speeds when driving. People operating motor vehicles often drive well beyond the speed limit on city roads. This negatively affects one’s ability to cross the street. Speeding reduces a driver’s reaction time, which then increases the severity of an accident if it occurs.
Pedestrian infrastructure is improving in Tuscaloosa, but there are a disturbing number of incomplete sections. Many areas are missing crosswalks, sidewalks, and/or pedestrian signals. When these safety features are missing, pedestrians are forced to walk on busy roadways with little or no protection. In some neighborhoods, established sidewalks become so overgrown with weeds and grass that they are nearly impassable and not handicap accessible.
Distracted driving is a phenomenal nationwide problem, and it is more obvious in Tuscaloosa. Drivers often make calls, send texts, and use GPS systems while driving their cars, which causes them not to pay full attention to pedestrians. Pedestrians are most likely to be hurt at crossings or intersections where drivers are not paying full attention.
Another reason why pedestrian accidents happen in Tuscaloosa is people driving drunk or under the influence of drugs. Drunk drivers have slowed reaction times, poor judgment, and a lack of coordination, which can lead to accidents. Pedestrians are more prone to getting hit by a vehicle at night when drunk driving is higher.
When pedestrians are injured in accidents, they have specific legal rights that can help them seek compensation and justice. Understanding these rights is essential for injured pedestrians and their families.
When a pedestrian in Alabama is injured in an accident, the law provides a basis for the injured person to assert a claim for recovery for the injuries sustained. This includes medical bills, lost earnings, pain and suffering, and the like. In order to recover, the injured individual will have to show that the driver of the motor vehicle was negligent and that this negligence caused the collision.
A case for negligence can be made when evidence shows that the motorist was not using reasonable care in driving a vehicle. Examples include speeding, running a red light, failing to yield to pedestrians at a crosswalk or driving while intoxicated. Traffic camera footage, witness statements and police reports can all be evidence of negligence.
Alabama follows a contributory negligence rule, which can significantly impact a pedestrian’s ability to recover compensation. Under this rule, if the injured pedestrian is found to be even slightly at fault for the accident (1% or more), they may be barred from receiving any compensation. This strict standard underscores the importance of gathering compelling evidence to establish the driver’s full responsibility for the accident.
Injured pedestrians can file claims against the driver’s insurance company, but it is important to include records of medical expenses, bills, and other injury-related paperwork. Insurance companies strive to avoid paying victims the full amount they are entitled to receive, so our skilled Tuscaloosa injury attorney is prepared to help injured individuals fight for their rights and proper compensation.
Because proving negligence is complex and insurance companies are almost always involved, it is important for an injured pedestrian to be represented by an experienced injury lawyer who can gather evidence, build a case, negotiate with the insurer, and represent them in court if a settlement cannot be reached.
Under Alabama law, there is a window of time in which a person injured in a car accident (or any other personal injury incident) can bring a claim. An injured pedestrian generally has two years from the date of the accident to file a lawsuit. If the claim is not filed within two years from the date of the accident, the injured person may be barred from ever bringing a claim. If you have been injured as a pedestrian, you should seek the help of an attorney as soon as possible.
To address pedestrian safety concerns, Tuscaloosa can invest in better infrastructure. This includes installing more crosswalks, pedestrian signals, and well-maintained sidewalks. Additionally, implementing traffic calming measures such as speed bumps and reducing speed limits in high pedestrian areas can enhance safety.
Through information and education, pedestrian safety can be brought to the public’s attention. For example, drivers can be taught to yield to pedestrians and that distracted and impaired driving are dangerous. On the flip side, pedestrians can be encouraged to learn the importance of always using available crosswalks and being aware of their surroundings when crossing the road.
Enhanced law enforcement can deter negligent driving behaviors. Increased police presence in areas with high pedestrian traffic can help enforce traffic laws and penalize drivers who violate them. Sobriety checkpoints and random DUI checks can reduce the incidence of impaired driving.
Communities can also use their voices to advocate for pedestrians by attending local government meetings, voicing their concerns, and supporting measures designed to improve pedestrian infrastructure and safety. Partnership between city officials, law enforcement, and community members can help increase the efficacy of pedestrian protection.
Pedestrian safety in Tuscaloosa is a pressing issue that requires immediate attention. The combination of high traffic volume, inadequate infrastructure, distracted driving, and impaired driving poses significant risks to pedestrians. However, by understanding the legal rights of injured pedestrians and advocating for better safety measures, the community can work towards a safer environment. If you or someone you love has been injured in an accident, contact a Tuscaloosa injury attorney today for immediate assistance.
"ast year when my husband was injured in a car accident, I contacted Dell Cross. Immediately he and his wonderful staff went to work gathering all the information necessary to settle our claim. He explained every process, kept us informed and handled everything from the insurance companies down to the smallest bill. He made himself available to us anytime day or night, answering our questions and dealing with our concerns"
Posted By: Alice Kirkland