Mobile Pedestrian Accident Attorneys

Because pedestrians have no metal frame, airbags, or seatbelt to absorb the force of a collision, even a crash at moderate speed can cause devastating harm. Catastrophic injuries commonly seen in pedestrian accident cases include:

• Traumatic brain injuries
• Spinal cord injuries
• Fractures and orthopedic injuries
• Degloving injuries and lacerations
• Wrongful death

Because the severity of these injuries often isn't fully understood until well after the initial hospital visit, it's important to work with an attorney who understands how to document not just the immediate injury, but its long-term impact on a client's health, work, and quality of life.

Who is Liable for a Pedestrian Accident?

Liability in pedestrian accidents usually falls on the driver who struck the pedestrian, but other parties may also share responsibility depending on the circumstances.

Potentially liable parties can include:

• Negligent Drivers: The most common liable party in pedestrian accidents.
• Employers: If the at-fault driver was on the job (for example, a delivery driver), their employer may be liable.
• Government Entities: If poor road design, inadequate signage, or malfunctioning signals contributed to the crash.
• Vehicle Manufacturers: In rare cases, a mechanical defect may play a role.

At Cunningham Bounds, our attorneys conduct a thorough investigation to determine every source of liability. We gather evidence such as surveillance footage, witness statements, police reports, and accident reconstruction data to build a strong case for compensation.

Compensation Available for Injured Pedestrians

Pedestrian accident victims often face significant medical bills, time off work, and emotional trauma. With our Mobile pedestrian accident attorney on your side, you may be able to recover compensation for:

• Medical Expenses: Hospital bills, rehabilitation, surgeries, and future medical needs.
• Lost Wages: Income lost during recovery and reduced earning capacity if you can’t return to work.
• Pain and Suffering: Physical pain, emotional distress, and reduced quality of life.
• Permanent Disability or Disfigurement: Compensation for life-altering injuries.
• Wrongful Death: If the accident resulted in a fatality, surviving family members may seek damages for funeral costs, loss of support, and more.

Our firm fights aggressively to ensure that insurance companies don’t undervalue your claim or pressure you into a low settlement.

Children, Older Adults & Alabama's Most Vulnerable Pedestrians

Not every pedestrian faces the same level of risk. National traffic safety data consistently shows that children and older adults are overrepresented in pedestrian accident injuries and fatalities — for different but equally serious reasons.

• Children are harder for drivers to see due to their smaller stature, and their impulsive behavior — like darting into a street after a ball — combined with underdeveloped judgment about vehicle speed and distance, puts them at heightened risk near schools, parks, and residential neighborhoods.
• Older adults often face longer crosswalk crossing times than traffic signals allow for, along with vision, hearing, or mobility limitations that can make it harder to react to an approaching vehicle. Older pedestrians also tend to suffer more severe injuries from a given impact due to age-related bone density and health factors.

When a driver strikes a child near a school zone or an elderly pedestrian in a marked crosswalk, these circumstances often strengthen a negligence claim — Alabama law imposes heightened duties of care on drivers near schools, and juries tend to view violations involving vulnerable pedestrians especially seriously.

How Insurance Companies Try to Minimize Pedestrian Claims

Because pedestrian accident injuries tend to be catastrophic, insurance companies have strong financial incentive to dispute liability or damages. Common tactics include:

• Blaming the pedestrian: Arguing the victim jaywalked, wasn't visible, or "stepped out unexpectedly," even in cases where the driver was speeding, distracted, or failed to yield at a crosswalk.
• Leveraging contributory negligence: Alabama's strict contributory negligence rule means an insurer only needs to establish a small degree of fault on the pedestrian's part to attempt to deny the claim entirely.
• Disputing the severity of injuries: Insurers may argue that reported symptoms are exaggerated or unrelated to the accident, particularly for soft-tissue or cognitive injuries that aren't visible on imaging.
• Rushing a settlement offer: Adjusters often contact pedestrian accident victims early, before the full scope of medical treatment and long-term impact is known.

Our Mobile pedestrian accident attorneys anticipate these tactics from day one, working to secure surveillance footage, crosswalk timing data, and witness statements before they can be disputed or lost.

When a Government Entity Is Responsible: Roads, Crosswalks & Sovereign Immunity

Not every pedestrian accident is caused solely by a negligent driver. Poorly designed intersections, missing or faded crosswalk markings, malfunctioning pedestrian signals, inadequate street lighting, and obstructed sightlines can all contribute to a collision — and in these cases, a city, county, or state entity responsible for road design and maintenance may share liability.

Claims against government entities in Alabama are governed by unique legal rules that differ significantly from an ordinary negligence claim, including:

• Sovereign and municipal immunity protections, which can shield government entities from liability except in specific, narrowly defined circumstances
• Strict notice requirements, often requiring a formal notice of claim to be filed with the municipality within a short window — sometimes just months — after the accident
• Different evidentiary standards for proving that a government entity knew or should have known about a dangerous road condition

These claims require attorneys who understand the nuances of municipal liability law — an area our firm's appellate practice regularly litigates and tracks closely, including recent Alabama decisions addressing the scope of municipal immunity in roadway and infrastructure cases. If poor road design or a government entity's negligence contributed to your accident, you must consult with our team immediately, given how quickly these claims can be time-barred.

When a Drunk Driver Hits a Pedestrian: Additional Avenues for Compensation

Impaired driving remains one of the leading causes of serious pedestrian accidents. When a pedestrian is struck by an intoxicated driver, Alabama's Dram Shop Act may create an additional avenue for compensation beyond a standard negligence claim against the driver. Under certain circumstances, a bar, restaurant, or other establishment that unlawfully served alcohol to a visibly intoxicated person — or to a minor — who then caused injury to a pedestrian may share legal responsibility for the resulting harm.

Pursuing a dram shop claim requires careful investigation into where and how the at-fault driver was served, and our firm's investigators are experienced in tracing this evidence before it disappears. Combined with a direct claim against the driver, this can significantly expand the compensation available to a pedestrian accident victim and their family.

Pedestrian Accident FAQs

What should I do after being hit by a car in Mobile?

Seek medical attention immediately, even if you feel fine. Call the police to file a report, gather contact and insurance information from the driver, take photos of the scene, and speak to witnesses. Contact a Mobile pedestrian accident lawyer as soon as possible to protect your rights.

How long do I have to file a pedestrian accident claim in Alabama?

In most cases, Alabama law gives you two years from the date of the accident to file a personal injury lawsuit. However, exceptions may apply, so it’s important to consult with an attorney promptly.

What if I was partially at fault for the accident?

Alabama follows a contributory negligence rule, meaning if you’re found even slightly at fault, you may be barred from recovering damages. This makes it especially important to have a skilled attorney who can build a strong case proving the driver’s full responsibility.

Can I still file a claim if the driver fled the scene?

Yes. If you were the victim of a hit-and-run, you may be able to file a claim through your uninsured motorist coverage. Our firm can help you explore all available options.

Why Choose Cunningham Bounds for Your Pedestrian Accident Claim

At Cunningham Bounds, we have been fighting for injured victims since 1958. We have been named as one of the top 10 personal injury firms in America and are recognized by the legal community and former clients alike.

Each member of our team has been listed by Super Lawyers and Best Lawyers in America and many of us are certified as Civil Trial Specialists by the National Board of Trial Advocacy.

When you choose our firm, you are truly choosing the best.

No matter how complicated your situation may be, we can put our resources and experience to work on your behalf. Our Mobile pedestrian accident lawyers always fight for maximum compensation.

Contact Cunningham Bounds today at (251) 299-0101 to get started with our Mobile pedestrian accident attorneys.