Recently in Pedestrian Accidents Category

October 30, 2014

Bufkin v. Felipe's - Pedestrian Injury, Premises Liability and Open-Obvious Doctrine

A pedestrian injured by a bicyclist while crossing a bustling street as he reached a private construction zone won't be entitled to seek relief from the construction company, even though the company's large trash bin obstructed the view of those traveling the road.
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Bufkin v. Felipe's et al., was a complex injury case that involved consideration not just of relevant traffic laws, but also duties owed under premises liability law.

Specifically, the issue was whether the trash bin should be considered an inherent hazard and if the hazard was open and obvious.

Generally, the mere fact that someone was injured doesn't entitle that person to pursue or collect monetary damages.

Continue reading "Bufkin v. Felipe's - Pedestrian Injury, Premises Liability and Open-Obvious Doctrine" »

June 3, 2014

Report: Pedestrians Accidents in the South "Epidemic"

Authorities in Millbrook recently took the heartbreaking call regarding a 2-year-old pedestrian who was struck by a vehicle. The child was transported to the hospital and died.
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The case is just one of thousands of pedestrian deaths that occur every year. The latest Dangerous by Design 2014 report calls the problem "epidemic," focusing particular attention on the South, where the danger is not only highest, but the risks are increasing.

Among the top 10 most dangerous metropolitan areas in the country for pedestrians, the Birmingham-Hoover region ranked No. 6 on the list. In fact, Montgomery pedestrian accident lawyers have learned nine of the top 10 on that list were cities in the South, including four metro areas in Florida, as well as one each in Tennessee, Texas, Georgia and North Carolina.

Continue reading "Report: Pedestrians Accidents in the South "Epidemic"" »

December 26, 2013

Bell v. Dawson and Establishing Alabama Duty of Care

One of the key elements in proving a negligence claim in Alabama is establishing whether the offending party had a duty to the plaintiff. streetwaving.jpg

What that means it that the law recognizes that due to the establishment of a relationship between the defendant and the plaintiff, the defendant was obligated to act in a certain manner toward the plaintiff. It could be a duty to protect. It could be a duty to care. It could be a duty to control or a duty to rescue.

If the court finds that such a duty exists, then the plaintiff can pursue the issue of whether that duty was breached.

Continue reading "Bell v. Dawson and Establishing Alabama Duty of Care" »

February 22, 2013

Tuscaloosa 5-Year-Old Killed in Pedestrian Collision

A kindergartner was killed earlier this month when she and her older cousin were hit by a truck while crossing the street near their home. sign1.jpg

Our Tuscaloosa pedestrian accident attorneys are heartbroken for the family of this 5-year-old, who reportedly died at the hospital after being rushed there by the driver of the truck.

According to local police, the driver is not expected to be charged with a crime. News reports indicate that the driver was stopped at an intersection, then proceeded forward and immediately realized he had hit something. He stopped, realized he had struck both girls, loaded them both in his truck and called 911 as he raced to the hospital.

It's unclear at this point whether there is anything the driver could have done differently to have prevented this incident. The 14-year-old cousin later told investigators that she believed the driver of the truck had stopped for her and the younger girl, which is why she proceeded into the intersection.

She too was injured, though she is expected to make a recovery. In a testament to what a small world we live in, the driver of the truck actually knows the family of the girl who was killed.

While the investigation is still ongoing, it highlights the importance of teaching our children pedestrian safety from a very young age. We know it may not prevent injury or wrongful death in every case, but we have a responsibility to do the best we can to arm them with information that will prompt them to use caution around moving vehicles.

Safety advocates suggest the following:


  • When your child is still a toddler, begin teaching her that she must always hold an adult's hand when near the road and must never enter the road alone.

  • Explain to even young children the importance of paying attention to their surroundings when they are out walking - especially when crossing the street.

  • Make sure children know that they must always stop, look and listen before stepping into the street.

  • Teach your preschooler to stay on the sidewalk. If she is crossing, teach her to first stop, look both ways - twice - and listen closely for oncoming traffic. Walk school routes with them, and have them help you decide when it might be safe to cross the street.

  • Make it a general rule for your child to make eye contact with a driver at an intersection before crossing the street.

  • Instruct your children about crosswalk signs, and what each signal means. Teach her how to press the button and determine when it is safe and unsafe to cross.

  • Teach your child to look both ways even when the signal has given the go-ahead.

  • Make sure your child knows to be extra careful when walking past driveways, especially those that are obstructed or hidden. Same rules apply for crossing street corners and alleys.

  • Elementary school children should be taught about bicycle safety rules, as well as the basics of driving safety. They should have a basic understanding of what red, yellow and green lights mean and how they should react tho them as pedestrians.

Continue reading "Tuscaloosa 5-Year-Old Killed in Pedestrian Collision" »

November 15, 2011

Nighttime Pedestrian Accidents in Alabama Increase with Fall Time Change

Car-pedestrian accidents in Montgomery typically happen more frequently when it's dark outside. With the recent Daylight Saving Time adjustment, the sun sets earlier, increasing the chances for accidents after dark. Although only about 25 percent of travel happens during the nighttime, about 50 percent of fatal accidents occur during this time. Pedestrians are oftentimes overlooked after the sun sets.
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The National Highway Traffic Safety Administration (NHTSA) urges pedestrians and motorists to be safer on our roadways to avoid an accident. Drivers should alter their driving habits to compensate for the reduction in visibility. It is interesting to note that some drivers will focus on the windshield as it's the most visible object. It's important for drivers to consciously look passed the vehicle's windows to ensure alertness of your surroundings, including the dangers.

Our Montgomery pedestrian accident attorneys understand that even drivers with perfect vision experience difficulties seeing at night. There is less to see when the sun sets and our eyes have to work hard to focus on our surroundings. Drivers oftentimes have a misconception of dangers on our roadways at night because they're unable to see everything. By adjusting our driving habits, we can help to steer clear of any accidents.

The NHTSA reports that there were more than 4,000 pedestrians killed in the country in traffic-related accidents in 2009. Reports indicate that about a quarter of these fatalities occurred between 4 and 8 p.m. Another 13 percent occurred between 4 and 8 p.m.

The NHTSA is asking drivers to be cautious when navigating after dark. The low-light driving conditions can take some time to get used to. During this time everyone faces a greater risk for injury and death, especially pedestrians. Here are some safety tips to help drivers and pedestrians decrease their risks of an accident.

Nighttime safety tips for motorists:

-Slow down. During nighttime driving, motorists need more time to see a pedestrian. Reaction time is delayed because visibility is reduced. Slowing down will give you more time to react.

-Keep in mind that pedestrians can be wearing headphones. While wearing these, pedestrians are less likely to hear your vehicle approaching.

-You should always keep your windows and mirrors clean to enhance visibility. Keep your windshield wiper fluid full.

Nighttime safety tips for pedestrians:

-To help motorists see you along our roadways, you should always carry a flashlight or wear fluorescent tape on your clothing.

-You shouldn't depend on traffic lights and traffic signals. Motorists can be distracted or have total disregard for these devices. Walk defensively and alertly.

-You should never jaywalk. Cross streets only at street corners or at sidewalks.

-Allow pedestrians with the right-of-way to ensure they cross the street safely.

-You should always walk on a sidewalk when one is available. When there's no sidewalk, you should walk safely away from the roadway, facing traffic.

Continue reading "Nighttime Pedestrian Accidents in Alabama Increase with Fall Time Change" »

October 5, 2011

Residents Discuss Pedestrian Accidents in Alabama for International Walk to School Day

Today, Oct. 5th, is International Walk to School Day and we're asking everyone to help spread the word about how we can all chip in to help reduce pedestrian accidents in Alabama.

Every year since its launch in 1997 in Chicago, cities in the U.S. have participated in this campaign that raises awareness about the dangers pedestrians face daily and helping to make our roads safer. Back then it was called National Walk Our Children to School Day and held exclusively in the U.S. It has since gone international. In 2005, the event helped to pass legislation that has authorized more than $600 million to states that needed funding to construct safe roadways. There have been nearly 12,000 schools in each of the 50 states that have received some of the funds to conduct their own Walk to School Day.
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Our Montgomery pedestrian accident attorneys understand how beneficial an event like this can be for residents across the state. Not only does the campaign raise awareness about pedestrian safety, but it is also a good opportunity for parents and children to go out for a heart-healthy walk. Additionally, it helps to raise awareness about the need for safer roadways. For many cities, International Walk to School Day results in fewer vehicles on the road, which in turn helps to minimize pollution.

Schools that are participating in this year's campaign in Montgomery:

-Chisholm Elementary School

-Floyd Elementary School

-G. W. Carver Elementary School

-Highland Gardens Elementary School

-Seth Johnson Elementary School

According to the National Highway Traffic Safety Administration, there were approximately 1,300 pedestrians under the age of 15 who were killed in traffic-related accidents in the U.S. in 2009. Another 179,000 of these young pedestrians were injured. Child pedestrian accidents accounted for nearly 5 percent of all traffic-related fatalities that year.

The statistics mean that nearly 500 child pedestrians were injured and nearly 5 child pedestrians were killed every single day on U.S. roadways.

Parents are urged to talk to children about the benefits and about the dangers of walking in our community. Children should get out and walk for a number of reasons. Walking increases self-confidence, fitness and responsibility. Don't send your child outdoors without the proper safety tips though. Teaching children safe pedestrian habits early on will help to keep them safe and injury-free on our roadways.

Parents are urged to talk to children about the importance of looking both ways before crossing the street, wearing light-colored clothing during evening hours, and making eye contact with drivers before crossing.

Here are more child pedestrian safety tips that you are urged to discuss with your child. These habits can turn into lifelong skills and can even be used to save your child's life one day.

"Our school intends to use this event as a kick-off to establishing better walking and biking habits for our students," says Cheryl Coprich, the principal at Floyd Elementary School.

Continue reading "Residents Discuss Pedestrian Accidents in Alabama for International Walk to School Day" »

March 7, 2011

Montgomery pedestrian accident highlights risks for Alabama residents

A Montgomery pedestrian accident has claimed the life of a 62-year-old man after an accident on East Boulevard, the Advertiser reported.

Our Alabama personal injury lawyers note a recent report by the Governors Highway Safety Association, which found the number of fatal pedestrian accidents is not declining as quickly as the overall number of traffic fatalities nationwide.
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In this case, the victim was attempting to cross the street when he was struck on East Boulevard between Young Barn Road and Arbor Station Road. The 40-year-old driver was charged with driving under the influence.

Nationwide, the number of fatalities began to climb again during the first six months of last year after four straight years of declines.

"GHSA is concerned to see this reversal. One factor may be the increased distractions for both pedestrians and drivers," said Chairman Vernon F. Betkey Jr. "Anyone who travels in a busy city has seen countless pedestrians engrossed in conversation or listening to music while crossing a busy street. Just as drivers need to focus on driving safely, pedestrians need to focus on walking safely - without distractions."

Take that for what it's worth. But the vast majority of the pedestrian accidents we see are the fault of inattentive, impatient or negligent drivers. We think it just as likely that the uptick in fatal pedestrian accidents could be the result of more people walking during the economic downturn.

Nationwide, fatal pedestrian accidents have dropped from 4,892 in 2005 to 4,092 in 2009, an average drop of more than 200 a year. However, fatalities increased by 7 deaths during the first six months of 2010, to 1,891. While fatal pedestrian accidents in Alabama continued to decline, from 39 in the first half of 2009 to 27 in the first six months of 2010, the state still ranked 19th deadliest in the nation. The state is the nation's 23rd most populous.

The National Highway Traffic Safety Administration reports 64 fatal pedestrian accidents in Alabama were reported in 2009.

Transportation for America ranked Alabama cities based on fatal pedestrian accidents in 2007 and 2008. Most dangerous based on number of fatal accidents per resident:

1) Mobile: 31 fatalities
2) Huntsville: 16 fatalities
3) Montgomery: 15
4) Birmingham-Hoover: 29
5) Decatur: 3
6) Florence-Muscle Shoals: 3
7) Tuscaloosa: 7
8) Anniston-Oxford: 2
9) Dothan: 2
10) Columbus: 12
11) Auburn-Opelika: 2
12) Gadsden: 0

Continue reading "Montgomery pedestrian accident highlights risks for Alabama residents" »


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