Posted on Friday, May 1st, 2026 at 9:00 am
Being hit by a car while walking is a traumatic experience that can leave you injured, confused, and unsure of what to do next. Knowing the right steps to take after a pedestrian accident in Birmingham, AL can make a significant difference in your recovery and your ability to pursue compensation for your injuries. The actions you take in the first hours and days following the accident can protect your health, preserve evidence, and support any legal claim you may have. Farris, Riley & Pitt, LLP specializes in helping pedestrian accident victims pursue justice and fair compensation.
Why Choose Farris, Riley & Pitt for Your Pedestrian Accident Case
When you’re dealing with a pedestrian accident, you need a law firm that understands both the medical and legal aspects of your situation. Farris, Riley & Pitt has experience helping pedestrians in Birmingham and throughout Alabama after accidents. Our team is familiar with Alabama’s pedestrian accident laws and is committed to helping you pursue compensation permitted by law. We offer free consultations so you can discuss your case with an attorney without any upfront cost or obligation. Our case results demonstrate the substantial compensation we’ve recovered for injured clients.
Call 911 and Get Emergency Medical Care
Your first priority after a pedestrian accident should always be your health and safety. Call 911 immediately, even if you think your injuries are minor. Emergency responders can assess your condition, provide necessary medical treatment, and document your injuries at the scene.
Many pedestrian accident injuries don’t show symptoms right away—internal bleeding, head injuries, and spinal damage may develop over hours or even days. Getting immediate medical attention helps you receive the care you need and creates a medical record that connects your reported injuries to the accident. This documentation is critical for establishing your claim.
Why Immediate Medical Attention Matters
Medical records are important evidence in many pedestrian accident claims. When you seek treatment soon after the accident, doctors document your injuries, the circumstances of the accident as you report them, and your condition at that time. This documentation can be useful evidence if you later file a claim or lawsuit.
Insurance companies and courts often rely on medical records to evaluate the severity of your injuries and their impact on your life. Waiting a long time to seek treatment may give the other party’s insurance company an opportunity to argue that your injuries were not caused by the accident. When it’s too late to go to the doctor after an accident is a common concern, but the answer is clear: seek care immediately.
Report the Accident to the Police
Request that police respond to the scene of a pedestrian accident whenever possible. A police report creates an official record of what happened, including information about the driver, the vehicle, road conditions, and any witness statements. The officer will document their observations and may cite the driver if they believe traffic laws were violated.
Ask the officer for the report number and information about how to obtain a copy. You may need this report when you file an insurance claim or if you decide to pursue legal action. In Alabama, you can typically request a copy of the accident report from the agency that responded to the scene. This documentation is essential for establishing liability in your case.
Gather Evidence at the Scene
If you’re able to do so safely, collect as much information as possible at the accident scene. Take photos of the vehicle involved, the accident scene, road conditions, traffic signals, and any visible injuries. Get the driver’s license plate number, vehicle information, and insurance details.
Ask witnesses for their contact information and what they saw. Note the time of day, weather conditions, and any other details that might be relevant. This information may later help when determining fault and evaluating damages. If you’re too injured to gather evidence yourself, ask a friend or family member to help, or share what you remember with the responding officer. Documenting evidence properly can strengthen your claim significantly.
Seek Witness Statements
Eyewitness accounts can be important in a pedestrian accident case. If there were people nearby who saw the accident, ask them what they observed. Get their names, phone numbers, and email addresses. Ask them to describe what they saw, including the driver’s actions, the pedestrian’s position, traffic signals, and road conditions.
Written statements can be helpful, and recorded video or audio may provide additional detail. Witnesses are often easiest to contact at the scene, so collecting their information promptly can be beneficial if you pursue a claim. Strong witness testimony can be the difference between a successful claim and a denied one.
Document Your Injuries and Medical Treatment
Keep detailed records of everything related to your injuries and treatment. Save all medical bills, prescription receipts, and documentation from doctors’ visits. Consider keeping a journal describing your pain, limitations, and how the injuries affect your daily life.
Document any time you miss from work due to medical appointments or your injuries. Take photos of visible injuries as they change or heal. Keep records of any physical therapy, rehabilitation, or other treatment you receive. This documentation helps show the extent of your damages, including medical expenses, lost wages, and non-economic harm such as pain and suffering, for purposes of a potential claim. How personal injury settlements work in Birmingham depends heavily on the quality of your documentation.
Notify Your Insurance Company
Report the accident to your own insurance company as soon as reasonably possible, even if you weren’t at fault. Many insurance policies require prompt notification of accidents. When you call, provide basic facts about what happened, but be careful about what you say.
Stick to the facts and avoid admitting fault or speculating about the cause of the accident. Avoid giving detailed descriptions of your injuries or making definitive statements about your medical condition before you have more information. You may wish to speak with an attorney before providing a detailed statement to any insurance company, especially if your injuries are significant. What you should never say after an accident is important to understand.
Understand Alabama’s Contributory Negligence Rule
Alabama follows a strict contributory negligence rule, which differs from comparative negligence systems used in many other states. Under Alabama law, a finding that you were at fault to any degree for the accident can affect your ability to recover compensation. This is one of the most important legal concepts to understand in pedestrian accident cases.
In some cases, limited exceptions may apply, such as cases involving wanton or willful conduct by the driver. Situations involving allegations of contributory negligence can be complicated. An attorney can review the facts of your situation, discuss whether any exceptions may apply, and help you understand your legal options. Understanding this rule is critical to protecting your rights.
Frequently Asked Questions About Pedestrian Accidents in Birmingham
What if the driver left the scene?
If the driver left the scene without providing their information, you may have been involved in a hit-and-run accident. Call 911 immediately and report the incident to police. Provide as much information as you can about the vehicle, including the color, make, model, and license plate if you saw it.
Ask witnesses if they obtained the plate number or any other identifying information. Report the hit-and-run to your own insurance company. In Alabama, you may be able to file a claim under uninsured motorist coverage if the driver is never identified, depending on the terms of your policy. An attorney can help you with the claims process and explain your options. What to do in a hit and run is a critical question many accident victims face.
Can I still file a claim if I was partially at fault?
Alabama follows a contributory negligence rule, which differs from comparative negligence systems used in many other states. Under Alabama law, a finding that you were at fault to any degree for the accident can affect your ability to recover compensation. There are limited exceptions that may apply in some circumstances, such as cases involving wanton or willful conduct by the driver.
Situations involving allegations of contributory negligence can be complicated. An attorney can review the facts of your situation, discuss whether any exceptions may apply, and help you understand your legal options. This is why early legal consultation is so important.
How long do I have to file a pedestrian accident claim in Alabama?
In Alabama, the statute of limitations for many personal injury claims is generally two years from the date of the accident. This usually means you have two years to file a lawsuit against the potentially responsible party. Certain factors can affect how this deadline applies, so it is important to get legal advice about your specific circumstances. Your deadline to file an injury case in Alabama is strictly enforced.
It is typically best not to wait until the deadline is approaching. Evidence can be lost, and witnesses’ memories can fade over time. Contacting an attorney soon after your accident can help protect your rights and allow time to investigate your claim. Missing this deadline can permanently bar your claim.
What damages can I recover in a pedestrian accident case?
Depending on the facts of your case, you may be able to pursue several categories of damages. These can include economic damages such as medical expenses, lost wages, and costs related to ongoing treatment or rehabilitation. Non-economic damages can include pain and suffering, emotional distress, and loss of enjoyment of life, subject to any limits that may apply under Alabama law.
In some cases involving willful, reckless, or wanton conduct by a defendant, punitive damages may also be available, subject to statutory caps and legal requirements. An attorney can evaluate your situation and explain what types of damages may be recoverable in your case. How pain and suffering is calculated in pedestrian cases can significantly impact your recovery.
Should I accept the insurance company’s first settlement offer?
The first settlement offer from an insurance company is often lower than the amount an injured person may ultimately be able to negotiate. Insurance companies generally seek to limit what they pay on claims. Before accepting any settlement, consider having an attorney review the offer and evaluate whether it appears to reflect your medical expenses, lost income, and other claimed damages.
You are not required to accept an initial offer, and you may be able to negotiate for a higher amount. An attorney can communicate with the insurance company on your behalf and help you weigh your options. How settlements are paid out and what to expect is important to understand before accepting any offer.
When should I contact a pedestrian accident lawyer?
Many people find it helpful to contact a pedestrian accident lawyer as soon as they are able after receiving necessary emergency medical care. An early consultation can allow an attorney to begin identifying evidence, locating witnesses, and advising you on interactions with insurance companies.
Many pedestrian accident attorneys offer free initial consultations, so you can get an overview of your potential claim without upfront legal fees. Speaking with a lawyer early can help you better understand your rights and timelines that may apply. The sooner you contact an attorney, the better positioned you are to protect your claim.
Contact Farris, Riley & Pitt for Your Free Consultation
If you’ve been injured in a pedestrian accident in Birmingham, Alabama, you do not have to deal with the insurance process on your own. Farris, Riley & Pitt is available to discuss your situation. We understand that a pedestrian accident can create physical, emotional, and financial challenges for you and your family.
Our attorneys have represented pedestrians seeking compensation for their injuries. We work on a contingency fee basis, which means you do not pay attorney’s fees unless compensation is recovered for you through a settlement or verdict.
Call (205) 324-1212 today to schedule your free consultation. We can review your case, answer your questions, and discuss your legal options. Having legal guidance can help you make informed decisions about how to move forward after a pedestrian accident.
