A friend recently asked me about a pedestrian death in Huntsville. What happened in that accident? A pedestrian was crossing University Drive when struck and killed. Pedestrian accidents are increasingly common in busy areas, including University Drive and Governors Drive in Huntsville. These two busy Huntsville roads involve multiple lanes of traffic with few crosswalks.
Pedestrian injury cases are very, very difficult. Let me repeat that — Pedestrian cases in Alabama are very difficult. We routinely turndown cases involving pedestrian injuries. The difficulties are both legal and practical. Alabama law requires (with some limited exceptions) pedestrians to use the crosswalk and holds them negligent if they do not. In Alabama, if you are even partially negligent you cannot recover your damages. That’s a big legal hurdle.
Alabama law is much more car-friendly than pedestrian-friendly. From state-to-state pedestrian injury laws vary tremendously. Some states favor pedestrians. Some states favor cars. As you can imagine, the policy differences typically occur between states with large pedestrian urban centers versus those with more rural or suburban areas.