On foot and on a bike
Pedestrian and bicycle collisions in Alabama
A person on foot or on a bicycle has no crumple zone and no airbag. The injuries tend to be worse, and the questions about fault tend to be sharper.
What happens next
The first call
Free and confidential: what happened, who was hurt, and whether an insurer has already asked you for a recorded statement.
If there is a claim
The office writes to the insurers and the other driver to have the photographs, the vehicle data and the repair records preserved.
The agreement
The contingency fee and how case costs are handled are set out in a written agreement, signed only once you have read it.
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Alabama law expects drivers to watch for people on foot. Where there is no traffic signal, a driver must yield to a pedestrian in a crosswalk, and a driver must take care to avoid hitting a pedestrian even where the pedestrian is crossing somewhere they should not be. A person riding a bicycle on the road generally has the same rights and duties as the driver of a vehicle.
The difficulty is that the injured person is often the only witness on their side, and is often in no condition to describe the collision for days afterwards. The driver’s account reaches the police report first. A claim usually depends on finding what else recorded the moment, and on doing it quickly.
On foot and on a bike
Questions that come up in almost every case
These are where pedestrian and cycling claims are usually decided, and most of them are answered by something other than memory.
- Where the person was crossing
- A marked crosswalk, an unmarked crossing at an intersection, or the middle of a block. Each carries different rules about who should yield, but none of them allows a driver to ignore a person in the road.
- Lighting and visibility
- Street lighting, headlights, clothing and weather. Many of these collisions happen at dusk or after dark, and what a driver could reasonably see is measured rather than assumed.
- Whether the driver was distracted
- Phone records, vehicle data and witness accounts can show what the driver was doing in the seconds before. They need to be requested before they are lost.
- The age of the injured person
- Alabama does not hold young children to the same standard as adults. A child under seven generally cannot be found contributorily negligent at all.
Contributory negligence, and its limits
Alabama’s contributory negligence rule applies to pedestrians and cyclists, and an insurer will often argue that the person stepped out without looking or rode without lights. That argument has limits. Alabama also recognizes the last clear chance doctrine: where a driver saw a person in danger, and had time to avoid hitting them but did not, the person’s own carelessness may not bar the claim.
Those questions turn on timing and distance — how long the person was in the road, and when the driver could have seen them. Camera footage, vehicle data and measurements at the scene answer them better than anybody’s recollection.
This is a general description of Alabama law, provided for information. It is not legal advice, it does not address the facts of any particular case, and reading it does not create an attorney-client relationship.
Questions
Questions about pedestrian and bicycle claims
I was not in a crosswalk. Can I still bring a claim?
Possibly. A pedestrian crossing outside a crosswalk is generally expected to yield to traffic, but drivers still have a duty to take care to avoid hitting a person in the road. Whether a claim is possible depends on the specific facts.
My child was hit by a car. Does contributory negligence apply?
Alabama treats young children differently. A child under seven generally cannot be found contributorily negligent, and for older children the question depends on their age and understanding. A claim on behalf of a child can also run on a different timetable.
The driver drove off. What happens now?
Report it to the police as soon as possible. If the driver is never identified, uninsured motorist coverage on your own policy, or on a policy in your household, may respond — even if you were on foot or on a bicycle at the time.
Should I keep my bicycle and clothing?
Yes. Keep them as they are, unwashed and unrepaired. They show where the impact was and can show whether you were visible, and they cannot be examined after they have been fixed or thrown away.
Hit while walking or cycling?
The first conversation is free and confidential.
Contact
Tell us what happened
Call, or write to us
If it is urgent, call — (334) 555-0142. If it is easier to write it down, the form below reaches the firm.
What happens next
The first call
Free and confidential: what happened, who was hurt, and whether an insurer has already asked you for a recorded statement.
If there is a claim
The office writes to the insurers and the other driver to have the photographs, the vehicle data and the repair records preserved.
The agreement
The contingency fee and how case costs are handled are set out in a written agreement, signed only once you have read it.