Crosswalks are meant to keep pedestrians safe, but accidents still happen far too often in Birmingham, Alabama. When a driver strikes someone in a crosswalk, the injuries can be catastrophic. Victims and their families are often left wondering: who is legally responsible for the accident?
At Fob James Law Firm, our pedestrian accident attorneys help injured pedestrians and their families pursue justice. Determining liability in a crosswalk accident can be complex, but understanding the basics will help you protect your rights.
Alabama Crosswalk Laws: The Basics
Under Alabama Code § 32-5A-211, drivers are required to yield the right of way to pedestrians crossing the roadway within a marked crosswalk. Failing to do so is a traffic violation — and it may also establish civil liability if someone is injured.
However, pedestrians also have legal responsibilities. They cannot:
- Suddenly leave a curb and walk into the path of a vehicle that is too close to stop.
- Cross the road outside of a crosswalk in certain areas (jaywalking).
This means liability often comes down to the specific facts of the accident.
When the Driver Is Liable
In most crosswalk accidents, the driver is at fault. Common examples include:
- Failing to yield to a pedestrian in a marked crosswalk
- Speeding in school zones or residential areas
- Distracted driving (texting or using a phone)
- Driving under the influence of alcohol or drugs
- Ignoring traffic signals or stop signs
If a driver engages in any of these behaviors and hits a pedestrian, they can be held responsible for the victim’s injuries and damages.
When the Pedestrian May Share Liability
Alabama follows the contributory negligence rule — one of the strictest in the country. If a pedestrian is found even 1% at fault for the accident, they may be barred from recovering compensation.
Situations where a pedestrian might be found partially at fault include:
- Jaywalking outside a designated crosswalk
- Entering a crosswalk against a “Don’t Walk” signal
- Suddenly stepping off the curb into oncoming traffic
Because of this harsh rule, insurance companies often try to blame the pedestrian. That’s why having an experienced lawyer is so critical.
Other Potentially Liable Parties
In some cases, liability may extend beyond the driver and pedestrian. Other responsible parties could include:
- The City of Birmingham or Jefferson County if poor road design, missing signage, or malfunctioning traffic lights contributed to the accident
- Vehicle manufacturers if defective brakes, tires, or safety systems played a role
- Employers if the at-fault driver was working at the time of the accident
Identifying all potentially liable parties ensures that victims pursue the maximum compensation available.
Proving Liability in a Crosswalk Accident
Establishing liability requires a thorough investigation. Evidence may include:
- Police accident reports
- Surveillance or traffic camera footage
- Eyewitness testimony
- Cell phone records (to show distracted driving)
- Accident reconstruction expert analysis
At Fob James Law Firm, we work quickly to gather and preserve evidence before it disappears.
Damages Available in a Birmingham Crosswalk Accident
Victims of crosswalk accidents may be entitled to recover compensation for:
- Emergency medical treatment and ongoing care
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Wrongful death damages for surviving family members
What to Do If You Were Hit in a Birmingham Crosswalk
If you or a loved one were struck by a vehicle in a crosswalk:
- Call 911 and seek immediate medical attention.
- File a report with the Birmingham Police Department.
- Collect evidence if possible (photos, witness contact information).
- Do not speak with the at-fault driver’s insurance company.
- Contact a pedestrian accident lawyer to protect your rights.
FAQ Section: Who Is Liable in a Birmingham Crosswalk Accident?
Q1: Who is usually responsible in a crosswalk accident in Birmingham?
A: In most cases, the **driver is at fault** if they fail to yield to a pedestrian in a marked crosswalk, speed, drive distracted, or run a red light. However, Alabama’s contributory negligence law can affect liability.
Q2: Can a pedestrian be at fault in Alabama?
A: Yes. Alabama follows the **contributory negligence rule**, which means a pedestrian can be barred from recovering compensation if they are even partially at fault, such as jaywalking or crossing against a “Don’t Walk” signal.
Q3: Can other parties be liable besides the driver?
A: Sometimes. Liability may extend to the city if poor road design, missing signage, or malfunctioning traffic signals contributed, or to employers or vehicle manufacturers in certain situations.
Q4: What should I do immediately after a crosswalk accident?
A: Call 911 and seek medical attention, file a police report, collect evidence if possible, avoid talking to the insurance company, and contact an experienced Birmingham pedestrian accident lawyer.
Q5: What damages can I recover after a crosswalk accident?
A: Victims may recover medical expenses, lost wages, pain and suffering, permanent disability, or wrongful death damages if a loved one dies in the accident.
Speak With a Birmingham Pedestrian Accident Lawyer Today
Liability in a crosswalk accident is not always straightforward — especially under Alabama’s contributory negligence law. At Fob James Law Firm, we fight aggressively to prove fault, hold negligent drivers accountable, and recover compensation for our clients.
📞 Call us today at 205-407-6009 or fill out our online consultation form to schedule your free case evaluation.
We proudly represent accident victims in Birmingham, Bessemer, Hoover, Homewood, Vestavia Hills, and throughout Jefferson County, Alabama.
Fob James
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large regional firm for several years where he obtained awards for both individual and corporate clients, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society.