Who Pays Medical Bills After a Pedestrian Accident in Alabama?

Being struck by a vehicle while walking can change your life in seconds. Pedestrian crashes often cause severe injuries, extended hospital stays, and overwhelming medical costs. It is natural to ask: Who is responsible for paying these bills in Alabama?

At Caldwell Wenzel Asthana Injury Lawyers, we understand the financial and emotional burden pedestrian accident victims face. With trial-ready attorneys based in Foley, Mobile, and Daphne, our firm helps clients navigate Alabama’s strict laws, insurance rules, and court processes to recover fair compensation. This article explains how medical bills are handled, what the law requires, and why seeking early legal help is crucial.

Key Takeaways

• Pedestrians have strong rights in Alabama when crossing walkways and intersections.
  
• The driver’s auto liability insurance is usually the first source of payment.
  
• MedPay and UM/UIM insurance can help cover expenses left unpaid.
  
• Health insurance may be applicable, but you may later be eligible for reimbursement.
  
• Alabama’s contributory negligence rule can bar recovery if you are even 1% at fault.
  
• Pedestrian injuries often result in six-figure medical expenses.
  
• Insurers and juries may undervalue claims without the benefit of skilled legal representation.
  
• Contacting a pedestrian accident lawyer in Alabama promptly improves your chances of a successful recovery.
  

Alabama Pedestrian Right-of-Way Laws

Alabama law protects pedestrians in crosswalks and intersections. Drivers must yield to pedestrians when they cross with a signal or at marked crosswalks. Failing to yield increases liability in the event of an accident.

Police crash reports typically note violations, making them essential evidence for determining liability and responsibility. According to NHTSA pedestrian safety data, many pedestrian fatalities happen at intersections, highlighting the importance of enforcing right-of-way rules. Our attorneys rely on this type of data and legal expertise to support client claims in court.

Insurance Coverage in Pedestrian Accidents

The question of who pays medical bills after a pedestrian accident depends on available coverage:

• Driver’s liability insurance usually covers a pedestrian’s medical costs first.
  
• Medical Payments (MedPay) coverage, if the driver carries it, pays expenses regardless of who is at fault.
  
• Uninsured/Underinsured Motorist (UM/UIM) coverage can provide relief if the driver is uninsured or has insufficient coverage.
  
• Health insurance may step in to pay costs, but it often seeks reimbursement from settlement funds.
  

Our attorneys often coordinate multiple insurance sources to maximize recovery for injured clients. Without legal guidance, victims risk losing out on funds to which they are entitled.

The Role of Driver Negligence

Negligence is central to pedestrian accident claims. Common negligent behaviors include:

• Distracted driving or texting
  
• Speeding through residential or tourist areas
  
• Running red lights or ignoring crosswalk signals
  
• Driving under the influence
  

Evidence such as police reports, surveillance footage, and witness accounts is critical to proving negligence. Our firm regularly collaborates with accident reconstruction experts to demonstrate precisely how a driver caused the crash, thereby strengthening the compensation case.

Comparative Fault in Alabama

Alabama follows pure contributory negligence. If a pedestrian is even slightly at fault, for instance, crossing outside a crosswalk or against the light, they could lose the right to any recovery.

Insurance companies often use this to blame pedestrians and avoid payouts. They may argue that the pedestrian was distracted or not wearing visible clothing. A skilled pedestrian accident lawyer in Alabama can fight these claims by presenting substantial evidence and testimony. This experience can mean the difference between receiving compensation and nothing at all.

When to Contact a Pedestrian Accident Attorney

Quick action after a pedestrian crash is vital. An attorney can:

• Preserve critical evidence
  
• Guide medical documentation
  
• Handle insurance adjusters
  
• Calculate damages, including lost income and long-term car.e
  

We work on a contingency fee basis. You do not pay unless we win. 

Visit our Contact Us page to get started.

Common Pedestrian Accident Injuries and Costs

Pedestrian accidents often lead to catastrophic injuries, such as:

• Traumatic brain injuries
  
• Spinal cord damage
  
• Multiple fractures
  
• Internal organ injuries
  

The CDC reports that pedestrian injuries result in billions of dollars in annual medical expenses nationwide. Recovery often requires surgery, rehabilitation, and long-term support. Our attorneys present these costs in detail to insurers and juries, ensuring that clients are not shortchanged.

Proving Pedestrian Claims in Foley and Baldwin County

Local context matters. Crash reports from ALEA and Baldwin County law enforcement provide essential evidence. Witness statements are often decisive in smaller towns like Foley or Gulf Shores, where accidents may occur near busy intersections or tourist attractions.

At Caldwell Wenzel Asthana, we have successfully represented pedestrians in these communities. Our local trial experience provides us with insight into the courts and the tactics insurers employ. 

You can explore the areas we serve for more information on our regional coverage.

How Juries and Insurers View Pedestrian Claims

Insurance companies and juries sometimes undervalue pedestrian claims, arguing victims “should have seen the car” or been more cautious. These biases can significantly reduce settlements.

We counter these assumptions by using expert witnesses, medical professionals, and accident reconstructions. Our trial experience has resulted in significant verdicts even in cases where insurers tried to place blame on the pedestrian.

Frequently Asked Questions

Who pays first: auto or health insurance? The driver’s auto insurance generally pays first, with health insurance covering interim costs.

What if the driver fled the scene? Uninsured motorist coverage and police investigations may provide relief.

Does Jaywalking Bar Recovery in Alabama? Yes, contributory negligence can bar recovery even if the fault is minor.

How long do I have to file a pedestrian claim? Typically, two years from the date of the accident.

What evidence should I collect? Photos, police reports, medical records, and witness information.

Can family members file claims for injured victims? Yes, under certain circumstances, such as when the victim is incapacitated.

Are punitive damages possible in Alabama pedestrian accidents? Yes, when reckless or intentional conduct is involved.

Should I contact the driver’s insurance company? No, let your attorney handle all communication.

What You Should Remember

Pedestrian accidents often leave victims with devastating injuries and heavy financial burdens. Understanding who is responsible for medical bills in Alabama can help families make informed decisions about their healthcare. With strict contributory negligence laws and insurers eager to shift blame, having skilled legal support is crucial.

Caldwell Wenzel Asthana Injury Lawyers stand ready to protect your rights and pursue the compensation you deserve.

Final Thoughts

If you or a loved one has been injured in a pedestrian accident in Mobile, Foley, Gulf Shores, or anywhere in Baldwin or Mobile County, do not wait.

Contact us today for a free consultation. You pay nothing unless we win.

About Caldwell Wenzel Asthana Injury Lawyers

At Caldwell Wenzel Asthana, litigation is our strength. We have achieved multimillion-dollar verdicts and settlements for Alabama families. With offices in Foley, Mobile, and Daphne, our attorneys are deeply committed to serving Gulf Coast communities.

You can learn more about us and discover how our team combines compassion, courtroom skill, and determination to fight for justice. When you need a trusted pedestrian accident lawyer in Alabama, we are ready to stand with you.