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Negligent Drivers Make Crosswalks and Bike Paths More Dangerous Than They Should Be

If you were hit by a car while walking or bicycling, then you should make a call to a Foley pedestrian accident lawyer to seek compensation. Doctors recommend that we walk more frequently to prevent obesity and other ailments; and for some people, walking is their only means of getting around.  You shouldn’t have to take your life into your own hands if you decide to go for a walk, run or bike ride.  But sometimes that’s exactly what pedestrians do.  Did you know that a pedestrian setting out on a walk is one-and-a-half times more likely to die on such a walk than a person who travels by car?

This stark fact is astonishing!  But it’s the world we live in.  If you are someone who headed outside to walk the dog or crossed the street while shopping and were hit by a car, you may be entitled to financial damages.  An experienced pedestrian accident lawyer in Alabama can file a claim on your behalf.  For a free initial consultation about your case, contact us at (251) 444-7000.  Our pedestrian accident lawyers can answer all your questions and guide you through the legal process.

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Why Choose Us?

In Foley, Alabama, and elsewhere, there are dozens of lawyers to choose from who can file a claim.  But choosing the right lawyer is so important!  Attorneys specialize in different kinds of law – property, contracts, estate planning.  You want to make sure you choose an attorney who specializes in pedestrian injury law.

The Foley pedestrian accident lawyers at Caldwell Wenzel & Asthana are among the best and the brightest when it comes to aggressively negotiating and litigating personal injury claims.  Attorneys C. Randall Caldwell, Jr,  Drew Wenzel, and Dee Asthana have many decades of experience successfully representing clients.  Our pedestrian injury attorneys work hard to get the largest payouts possible.  We have achieved outstanding client victories and proven case results.  When you hire us, you’ll receive our full attention, commitment, and compassion to see the case through to a successful conclusion.  We come highly recommended by many satisfied clients.  We also offer an attractive attorney referral program.

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The pedestrian accident lawyers at Caldwell Wenzel & Asthana are tough negotiators and fierce litigators. We will not rest until we’ve achieved the best outcome possible in your case.

How We Can Help

A Foley pedestrian accident attorney at Caldwell Wenzel & Asthana will answer your questions, keep you informed, and explain your legal options.  We’ll explain legal concepts in language you can understand and offer you guidance in decision making.  We don’t want you to ever feel alone or overwhelmed by the legal system.  We’ll do all we can to relieve the stress of filing your legal claim by doing the following:

  1. Manage all the necessary paperwork and court filings
  2. Review and catalogue all the evidence
  3. Handle all communications with insurance companies and at-fault parties
  4. Interview accident eyewitnesses
  5. Assess the amount of money to ask for in compensation based on your economic and non-economic damages
  6. Hire expert witnesses, such as doctors and accident reconstruction professionals, if needed
  7. Negotiate a fair settlement with the insurance company, if possible
  8. Aggressively litigate in front of a judge and jury, if necessary.

You have a smart team of powerful legal allies when our firm represents you.  You don’t ever have to wonder or worry about insurance companies, defendant’s attorneys, or anything else.  We’ll take the lead in legal matters while you focus on recovering from your injuries.

How Much Does a Pedestrian Accident Attorney Cost?

One thing you will never have to worry about is paying any money up front to us.  We can file your claim free of charge.  At Caldwell Wenzel & Asthana, we have our “no-fee guarantee,” which means we don’t get paid until you get paid.  Any fee we receive comes out of the financial settlement or jury award you receive from your lawsuit.  If for some reason the case is not successful, then we waive our fees and you owe nothing.  What have you got to lose?

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What To Do After a Pedestrian Accident

If you’ve been injured or a member of your family was injured or killed in a pedestrian accident caused by a negligent driver in Alabama, you are entitled to make a claim for monetary compensation for both your economic and non-economic losses.

To protect your right to recover for your injuries:

  • Call the police immediately and make a report.
  • Remain at the scene of the accident until help arrives.
  • Record the names and contact information for any witnesses and, if possible, have someone take photos of the scene.
  • Do not discuss your physical condition with anyone.
  • Get prompt medical attention and avoid interaction with any insurance company representative.
  • Hire a pedestrian accident attorney to represent you.

The driver of the vehicle that hit you or the owner of the premises where you tripped and fell will often try to place the blame for the accident on you.  Or they may claim that your injury was not caused by the accident but by something else. Your experienced pedestrian accident attorneys will investigate the facts of your case and, when necessary, engage the services of expert witnesses — including accident reconstructionists and medical professionals — to testify on your behalf.

Take Action Now

If you have been hit by a car and injured while crossing the street or walking on the sidewalk, contact a Foley pedestrian accident attorney today at (251) 444-7000.  You don’t have to suffer alone.  We are here for you.  While you take care of yourself and recover from your injuries, we will handle the legal side of things to secure the financial compensation you deserve.

Frequency of Pedestrian Accidents on the Rise

If you’re injured in a pedestrian accident, you are part of a growing trend.  Whether it’s because of distracted drivers, motorists who are speeding, or more pedestrians walking and running on the roadside – pedestrian injuries are dramatically on the rise.

Data shows that 7,485 pedestrians were killed in vehicle crashes in 2021 on America’s roads, an 11.5% increase over the year before and the highest number in four decades, according to the Governors Highway Safety Association (GHSA).  One out of every six people who die in traffic accidents are pedestrians, according to the Centers for Disease Control (CDC).  That’s more than one pedestrian fatality every 75 minutes.  Pedestrian deaths are increasing faster than all other categories of traffic fatalities. That means pedestrian injury lawsuits are on the rise, too.

Alcohol use by the pedestrian and/or driver is involved in nearly half of accidents that resulted in pedestrian fatalities.  In addition, there are an estimated 104,000 emergency room visits annually by pedestrians who are injured in vehicle collisions, CDC data shows. These collisions often lead to severe consequences, including traumatic brain injuries, broken bones, neck and spine injuries, and internal bleeding. If you or a loved one has suffered a brain injury in a pedestrian accident, a Mobile, AL brain injury lawyer can provide invaluable support and guidance.

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Evening rush hour is the most deadly time for pedestrians.  Roughly 26% of pedestrian fatalities occurred between 6 p.m. and 8:59 p.m. when commuters were in a hurry to get home from work.

Perhaps counterintuitively, the vast majority of pedestrian fatalities did not occur at intersections or crosswalks.  About 18% of pedestrian deaths happen at intersections, while 72% of these deaths occurred at non-intersections – the walkers and bikers were hit by the roadside, on sidewalks or when passing in and out of traffic.  More than 3 times as many pedestrians were killed in the dark (75%) as during daylight hours (22%).  

Driver Negligence Causes Pedestrian Injuries & Deaths

Many of these pedestrian fatalities and injuries could be prevented and would not have happened if not for improper, negligent, or careless driver behaviors. The privilege of driving comes with a duty of care to others. When a driver fails to exercise reasonable care, that driver is said to be negligent.

Some common examples of driver negligence include:

  • Drunk driving
  • Speeding
  • Distracted driving
  • Disregarding traffic signs and signals
  • Failure to yield
  • Failure to signal a turn or lane change
  • Unsafe turns.

These are among the major causes of pedestrian injuries and wrongful death that can be attributed to driver negligence.  There are many, many other ways that a driver can be careless and at fault.

A Lawyer for a Pedestrian Hit By a Car

Our team of pedestrian accident attorneys at Caldwell Wenzel & Asthana in Foley, Alabama, have assisted many accident victims in obtaining just compensation. Call us today at (251) 444-7000 to schedule a free consultation to learn what legal options are available to you.

We offer a “no-fee guarantee,” which means you pay us nothing up front.  If you win your case, our fees are paid out of the financial settlement or jury award.  If the case is not successful, then we waive our fees and you pay nothing.

How Serious Does My Injury Have to Be?

We believe that all injuries are serious.  Whether you sustained multiple broken bones and are laid up in a hospital bed or whether you were able to stand and walk after the accident, in either case a careless driver caused you pain and injury because of his or her own negligence.  You are facing medical bills, missed earnings and a life that has been turned upside down.  Even if no bones were broken, you may have sustained a head wound, concussion or spinal injury.  ALWAYS get checked out by a doctor after any pedestrian injury or slip and fall.  Sometimes it’s the things we can’t see, as the unseen internal injuries can be the most dangerous. Mobile, AL spinal cord injury lawyer emphasize the importance of seeking medical attention even for seemingly minor injuries. Early diagnosis and treatment are crucial for optimal recovery, especially in cases of spinal cord injuries

Will I Have to Testify in Court?

The reality is that most of these types of cases are settled long before they reach the courtroom.  Oftentimes, insurance companies and others do not want to spend the time and money to go to trial, so they offer a financial settlement to save time.  This means you likely will not have to testify in court.  Ultimately, though, you are the injured party and you are in charge of the decisions.  Our pedestrian accident lawyers will guide and advise you, and we will also listen closely to your wants and needs.

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How Much Financial Compensation Can I Receive?

Individual cases vary widely in facts, injuries and complexity, so there is no one easy formula to determine financial compensation in Foley, Alabama.  However, if injuries are serious and if the driver showed blatant and gross disregard for the safety of others (especially if the driver is a repeat offender), then financial compensation for victims can run into hundreds of thousands of dollars or more.  For a more precise analysis of the financial compensation you might receive in your case, contact our pedestrian accident attorneys at (251) 444-7000.

Key Factors in Determining Compensation

As a quick review, here are key factors to consider when estimating a potential financial settlement:

  • The severity of your injuries
  • The impact of your injuries on your daily life and routine
  • The amount of time you have missed at work
  • The nature and extent of your medical treatment
  • The impact your injuries will have on your ability to earn a living in the future
  • Your chances for a full recovery (if you suffer permanent or long-term injuries, dollar value goes up very fast)
  • Lost opportunities attributable to your injuries.

Statute of Limitations for Filing a Claim

The statute of limitations for personal injury cases in Alabama is two years. ( Ala. Code. Sec. 6-2-38)  So speak to a Foley pedestrian accident attorney and file your lawsuit quickly.  The clock begins ticking on the day of your accident in most cases, unless there are exceptions that apply.

What Happens to the Driver If Convicted?

Negligent or intoxicated driving that causes injury to pedestrians is a serious crime.  In the worst cases, drivers can be charged with homicide if a pedestrian is killed and the driver is clearly at fault.  If convicted, negligent drivers in pedestrian accidents typically face jail time and expensive fines.  In fatal cases, especially if the driver is a repeat offender, he or she can be sentenced to years in prison. Criminal charges are filed by the authorities and are prosecuted in criminal court.

No one walking their child to school on a sidewalk or getting some exercise with a leisurely bike ride should ever have to worry about being injured or killed.  They should feel safe, protected and able to relax.  This is what we all expect in a civilized society.  However, through the selfishness and negligence of some drivers, many pedestrians every year are hit by cars, trucks and SUVs.  It’s unacceptable, and any pedestrian injury victim deserves financial compensation through the civil court system.

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Precautions for Pedestrians

An ounce of prevention is worth a pound of cure when you’re on foot near roads.  The CDC recommends taking these steps to remain safe when you are a pedestrian:

  • Increase your visibility when walking at night by carrying a flashlight and wearing reflective clothing, such as reflective vests.
  • Cross streets at a designated crosswalk or intersection whenever possible.
  • Walk on a sidewalk or path instead of the road. Walk on the shoulder and facing traffic if a sidewalk or path is not available.
  • Avoid using electronic devices like earbuds, which can cause distractions when you are walking.
  • Avoid walking if you have been using alcohol or drugs, which can impair judgment and coordination. 

Call for a Free Consultation

Sustaining an injury through no fault of your own is always a distressing experience.  Most people believe they are safe when they step outside their door and take a walk to the park, grocery store or a neighbor’s house.  The negligence or intoxication of vehicle drivers can shatter this picture of simplicity and relaxation for a pedestrian unfortunate enough to cross their path.  If you have been injured by a vehicle while walking or riding a bike, contact the pedestrian accident attorneys at our firm at (251) 444-7000. The initial consultation is free, so what have you got to lose?  We will work hard to get you the financial compensation you deserve.

Client Testimonial

”Everyone there was a pleasure to deal with. They took care of everything for me and seemed happy to answer any questions I had. Highly recommend and will absolutely be my first call if I ever need them again” – J H (Google Review)


Our Award-Winning Alabama Accident Lawyers have recovered millions on behalf of our clients. At Caldwell, Wenzel & Asthana, we understand what you’re going through after a crash. If your injuries were caused by someone else’s actions, our dedicated legal team is ready to help you get the compensation you deserve.

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