Pedestrian accidents in Montgomery continue to pose serious dangers, even in walkable neighborhoods like Old Cloverdale, the Garden District, and downtown. Tragically, these incidents occur far too frequently on Montgomery streets.
When drivers fail to exercise proper care around pedestrians, the consequences can be devastating. If you or a loved one has been injured in a pedestrian accident, or if your loved one lost their life due to a driver’s negligence, you have rights. The experienced Montgomery pedestrian accident lawyers at The Vance Law Firm can fight to get you the compensation you deserve.
Contact us today.
Causes of Pedestrian Accidents In Montgomery
Pedestrian accidents are caused by both motorists and pedestrians, and oftentimes it’s a combination of poor conduct on the side of both parties. Other times, it could be an environmental matter or mechanical issue. The following is a summary of the causes of accidents by motorists and pedestrians.
Causes of Pedestrian Accidents by Motorists
- Distracted Driving: Driving while distracted is a primary cause for all kinds of accidents involving vehicles, and it is no different if it involves a pedestrian. Too often motorists are on their phones, eating, grooming, chatting with passengers, distracted by a pet in their car, or, one of the worst distractions of all, texting.
- Impaired Driving: Too many times a driver is impaired when he drifts into another lane or loses control of the car because he’s been drinking or doing drugs.
- Fatigued or Drowsy Driving: Driving while drowsy or falling asleep at the wheel is a real problem today. Too many people are tired, overworked, and stressed. When drowsy, a driver of a vehicle pays less attention to his surroundings because he’s too busy trying to keep his eyes open.
- Speeding: Lots can happen when a driver fails to obey speed limits. He may not see a pedestrian in time and lose control of the car, or if a traffic light turns red, he may not stop in time before pedestrians start crossing the street.
- Failure to Yield the Right of Way: When a driver is impatient or inattentive, he may fail to yield the right of way to a pedestrian and strike him.
Causes of Pedestrian Accidents by Pedestrians
- Improper Crossing Over: Pedestrians who are impatient may attempt to cross the road at improper locations and/or times, outside of designated crosswalks. Drivers who are not paying attention or simply can’t stop in enough time for whatever reason may strike the individual, and the fault will not lie solely on the driver. Therefore, the pedestrian will receive zilch in any third-party claim.
- Under the Influence: National Highway Traffic Safety Administration also reports that walking while under the influence or intoxicated is a significant factor in many pedestrian accidents.
Many times, pedestrian accidents involve motorists and persons on the job, which includes construction or road workers, police officers, emergency responders, and other similar workers. Their jobs are dangerous by the very situations they are placed in.
Pedestrian Dangers & Injuries
We are all pedestrians, but despite recent improvements, pedestrian fatalities remain alarmingly high. According to the National Highway Traffic Safety Administration (NHTSA), in 2023, a pedestrian was killed every 72 minutes in the United States. That amounted to 7,314 pedestrians killed, not to mention more than 68,000 pedestrians injured.
The situation is especially serious in Alabama. According to Safe Home Alabama (SHA), since 2010, pedestrian deaths have increased by 77%, compared to a 22% rise in all other traffic fatalities.
Though these accidents can occur anytime, anywhere, whether in rural Alabama or urban Montgomery, SHA notes some troubling trends. Many pedestrians are being killed at night, where there aren’t sidewalks, and by SUVs and pickups.
According to WSFA 12 News, in Nov. 2025, a 19-year-old pedestrian was killed in a hit-and-run collision on East South Boulevard. In Dec. 2024, a female pedestrian died after being struck by a vehicle on Atlanta Highway.
Among the common types of injuries resulting from pedestrian accidents are:
- Broken bones
- Head and brain injuries
- Neck injuries
- Spinal cord injuries
- Disfigurement
- Death
Injuries tend to be much worse because pedestrians have no protection whatsoever, thus the rate of high injuries and deaths per pedestrian crash.
Pedestrian v. Driver: Duty of Care, Rights & Requirements
Drivers owe a duty of care to everyone using or around the roads, including pedestrians. Pedestrians, too, have a duty of care to fellow pedestrians and motorists. Unfortunately, according to ALDOT, in 2021, pedestrians accounted for 54% of all fatal pedestrian crashes. In addition, an increase in pedestrian fatalities has been largely attributed to “distracted walking”—often walking with electronic devices. It’s important to remember that both pedestrians and motorists have rights and responsibilities.
Pedestrians
Pedestrians have a legal and moral duty to adhere to traffic laws that pertain to them. Pedestrians are responsible and must also stay aware of their surroundings, paying special attention to motor vehicles in their vicinity. Alabama Code Sections 32-5A-210 to 32-5A-222 dictate the rights and responsibilities to which pedestrians are bound. These codes address the rights pedestrians have to cross the street at intersections and designated crosswalks, providing when and where it is appropriate. Additionally, the codes instruct when pedestrians must yield the right-of-way to motor vehicles, particularly if they cross at undesignated areas or outside of a marked crosswalk, or when they are subject to traffic lights, do not walk or wait for signals, and other traffic signs or rules that would affect a pedestrian.
Drivers
Alabama law requires motorists to yield the right-of-way when a pedestrian is in a designated crosswalk. That said no matter what the circumstances, motorists have the responsibility to yield to a pedestrian even when the pedestrian is not crossing a street properly, and thus endangering his life and others. Motorists have an additional responsibility to honk their horn to alert the pedestrian that the motorist is in the vicinity.
Breach of Duty of Care
When a pedestrian or motorist breaches the duty of care and an accident results, and that breach is the proximal cause of the accident, then that party is at fault. Alabama, however, is unlike most other states in the United States. It still conforms to the doctrine of contributory negligence. Under this doctrine, if the victim is so much as 1 percent at fault, then the victim recovers nothing from the other party. This puts a huge burden on victims of pedestrian accidents. Not only are their injuries likely to be worse than any other kind of traffic or vehicle accident, but oftentimes they may share some of the blame, or at least the insurance company is going to do all in its power to put the blame, or some of it, on the pedestrian.
If you’ve been in a pedestrian accident in Montgomery, Alabama, you need to hire an experienced pedestrian accident attorney well versed in personal injury matters. We, at The Vance Law Firm, have years of experience. We are also resourceful and aggressive. We treat your plight as our plight and fight to obtain your just rewards.
Pedestrian Safety Tips
Some of Alabama’s cities are more “walkable” than others. In 2024, the highest walking score was in Birmingham, at 17.7 out of 20. Downtown Huntsville received the next-highest score, 16.6. Finally, Montgomery came in third, with an average score above 16.However, walkability in Alabama is highly variable.
Given the dim review of Montgomery’s walkability, the first and best, even if abstract, piece of advice we can provide is: follow the law. If you follow the law, you are moving in the right direction towards safety. Regardless if you are the pedestrian or driver, if you both are obeying the laws, then harm should hopefully come to no one. Below are some basic and common sense tips that you as a pedestrian can do to stay safe.
- Obey the rules. Cross the street only at designated crosswalks, follow traffic signals, and yield the right of way when appropriate. Always look as you cross—don’t rely solely on motorists obeying signals.
- Use the sidewalks. If there is no sidewalk, then walk facing oncoming traffic and stay to the extreme left or right, depending on which way you are walking.
- Make eye contact. Make eye contact with nearby motorists so that you can confirm they see you. As a general rule, always behave as if drivers cannot see you.
- Don’t be distracted. Refrain from texting or reading texts as you walk, or wearing headphones and singing, or any other kind of behavior that will distract you from your surroundings.
- Dress appropriately. If you know you’ll be out walking, particularly towards dusk or dark, wear bright colored clothes. You can even purchase reflectors to help cars see you better in the dark.
- Don’t walk if intoxicated. Arrange for a sober driver or rideshare service to pick you up. Many pedestrian deaths are a result of pedestrians being under the influence or intoxicated.
Frequently Asked Questions About Montgomery Pedestrian Accidents
You likely have many questions, and we hopefully have the right answers for you. Review the following, but if you still have questions, feel free to contact the pedestrian accident lawyer at The Vance Law Firm.
What do I do if I get hit by a car?
No one expects to be injured in a pedestrian accident, but knowing what to do immediately afterward can protect both your health and your legal rights.
- Call 911.
- Gather the other driver’s information, including their name, address, phone number, license number, license plate number, and insurance information.
- Collect witness information, including names and contact details from anyone who saw the accident.
- Document the scene by taking photos and videos of the vehicle, the accident location, road conditions, your injuries, and any visible damage.
- Seek medical treatment or evaluation, even if you feel okay. Some injury symptoms don’t show up right away, and medical records provide crucial documentation for your claim. Montgomery has several facilities equipped to handle traumatic injuries, including Baptist Medical Center South, Jackson Hospital, and Baptist Medical Center East.
- Contact a Montgomery pedestrian accident lawyer as soon as possible.
You may not be able to complete all these steps depending on your injuries, which is why contacting an experienced pedestrian accident lawyer is critical. We’ll begin investigating your case, preserving evidence, and protecting your rights while you focus on recovery.
If an immediate family member has been injured or killed by a motorist when he was a pedestrian, do I have any rights?
If your family member died, you have rights. You have the right to file a claim for wrongful death and loss of consortium. If your family member was injured, then the injured party has the right to file a claim or lawsuit.
How soon do I need to make a claim or file a lawsuit?
According to Alabama law, Code of Alabama section 6-2-38, the statute of limitations is 2 years, and the clock starts immediately on the day of the accident. This statute of limitations applies to all accidents in association with vehicles. Therefore, no matter if you were a pedestrian or a cyclist hit by a car, or run over by a car, you or your family member has only 2 years to file a claim or lawsuit.
What happens if I am a pedestrian and I cause the accident?
Regardless of any situation, whether the pedestrian has the right or not, motorists in Alabama must always yield the right-of-way to pedestrians in a crosswalk. If an accident ensues, however, and the pedestrian was walking when he should not have been walking, then there’s a contributory negligence problem.
In Alabama, if the victim is even 1% at fault, they cannot claim damages. This is why it’s so important for pedestrians to walk cautiously around Montgomery.
What Can a Montgomery Pedestrian Accident Lawyer Do For You?
If you were injured in a pedestrian accident in Montgomery, Alabama, you should contact our office. Our pedestrian accident lawyers can provide the following services for you in the event the other party was at-fault:
- Detailed investigation of the site (such as searching for skid marks, which may indicate whether the driver tried to stop or not).
- Evidence gathering, such as the driver’s cell phone records and eyewitness testimony.
- Identification of all responsible parties.
- Conduct interviews and provide accident reconstruction reports.
- Analysis of insurance policies to determine if you should file a first-party or third-party claim or both.
- Analysis of economic and non-economic damages to ensure you receive the right compensation package.
- Thorough legal analysis and preparation of your claim or your lawsuit.
- Aggressive advocacy throughout the entire process.
Contact an Experienced Pedestrian Accident Lawyer
If you were injured as a pedestrian due to someone else’s careless, negligent or reckless conduct and are seeking assistance, contact a pedestrian accident lawyer at The Vance Law Firm. We’re experienced. We’re aggressive. We’re resourceful. Call today to schedule a consultation.
