Personal Injury
Dothan Pedestrian and Bicycle Accident Lawyers
People on foot and on bikes have no steel frame or airbag between them and a car. If a driver hit you in Dothan or the Wiregrass, here is what Alabama law says about your claim.
The short answer
If a driver hit you while you were walking or cycling in Dothan, you may have a claim against that driver for medical bills, lost income, and pain and suffering. Your own auto policy's uninsured motorist coverage may also apply. Alabama's contributory negligence rule and two-year filing deadline generally apply, so early advice helps.
- Filing deadline
- Generally 2 years from the injury
- Claims against a city
- Written notice generally within 6 months
- Fault rule
- Contributory negligence
- Hit-and-run
- Your UM coverage may apply
- Attorney fees
- Contingency; no upfront fee
How can a Dothan pedestrian accident lawyer help?
A Dothan pedestrian accident lawyer proves how the driver caused the crash, identifies every insurance policy that may pay, including your own, and answers the insurer’s arguments that you should have been more careful. For people on foot or on a bike, injuries are often severe, so getting those pieces right matters.
Dothan Law Group represents pedestrians, joggers, and bicyclists hit by cars and trucks in Dothan, Houston County, and across the Wiregrass. Collisions happen in shopping-center parking lots along Ross Clark Circle, at downtown intersections near Foster and Oates streets, in neighborhoods, and along rural highways without sidewalks or shoulders. Wherever it happened, the questions are the same: who had the right-of-way, what the driver should have seen, and who pays.
Who has the right-of-way, pedestrians or drivers?
It depends on where and how the person was crossing, but Alabama drivers always have a duty to use due care to avoid hitting pedestrians.
- In a crosswalk without a signal, drivers generally must yield to a pedestrian crossing in their half of the road or approaching closely from the other half.
- At a signal, pedestrians and drivers must follow the walk signals and traffic lights, and turning drivers must still watch for people in the crosswalk.
- Outside a crosswalk, pedestrians generally must yield to vehicles, but drivers must still exercise due care, use their horn when necessary, and take extra care around children and people who appear confused or impaired.
- In parking lots and driveways, drivers backing up or pulling out must watch for people on foot.
What rules apply to bicyclists in Alabama?
Generally, a person riding a bicycle on an Alabama road has the same rights and many of the same duties as a driver. That cuts both ways: cyclists are entitled to use the road, and they are expected to follow traffic rules.
Rules that often come up in bicycle cases include:
- Cyclists generally ride with traffic and as far right as practicable, with exceptions for safety, turning, and narrow lanes.
- Drivers must pass a bicycle at a safe distance. Alabama law sets that at three feet in certain situations, such as roads with a marked bike lane, or roads with a speed limit of 45 mph or less and no double yellow line.
- Bicycles ridden at night must have lighting and reflectors that meet state requirements.
- Drivers must check for cyclists before opening a car door into traffic or turning right across a bike’s path.
Alabama-specific: Under Alabama’s contributory negligence rule, a pedestrian or cyclist who is found to have contributed to the crash can be barred from recovering in many cases. Expect the insurer to look at where you were crossing, what you were wearing, your lighting, and whether you were on your phone. Evidence collected early is the best answer.
What if the driver says I came out of nowhere?
That is one of the most common defenses in these cases, and it should be tested against the evidence rather than accepted. Questions we often investigate include whether the driver was speeding, distracted, or impaired; whether the street lighting was adequate; how far the driver could see; and whether video shows the moments before impact.
Helpful evidence can include business and traffic-camera video, the crash report from the Dothan Police Department or Houston County Sheriff’s Office, witness accounts, vehicle damage and event data, and photos of the lighting and sight lines at the same time of day.
Are children treated differently?
Yes. Alabama law generally holds that very young children cannot be contributorily negligent, and older children are usually judged against what a child of similar age and experience would do rather than an adult standard. Drivers are also expected to take extra care around children near schools, parks, and neighborhoods. Claims for minors have special rules about deadlines and court approval of any settlement.
Which insurance pays when a pedestrian or cyclist is hit?
The driver’s liability insurance is usually the first source. Because many drivers carry only Alabama’s minimum limits, or no insurance at all, your own coverage can be just as important:
- Uninsured and underinsured motorist coverage on your auto policy, or a household member’s, may cover you even though you were walking or biking, depending on the policy terms.
- Hit-and-run crashes are often handled through uninsured motorist coverage, which usually requires prompt notice to your insurer.
- Medical payments coverage may help with medical bills, depending on your policy.
- Health insurance may pay bills now but may seek reimbursement from a later settlement.
Learn more on our uninsured and underinsured motorist claims page.
What if a broken sidewalk or road defect caused my injury?
A city may be responsible for some dangerous sidewalks and streets, but claims against a city have strict rules. In Alabama, a claim against a city such as Dothan generally must be presented in writing within six months under Ala. Code § 11-47-23, far sooner than the usual two-year deadline. If the hazard was on private property, such as a store’s parking lot, see our premises liability page.
What should I do after being hit by a car while walking or biking?
- Call 911 and make sure police complete a crash report.
- Get medical care right away at Southeast Health, Flowers Hospital, or your own doctor.
- Get the driver’s name, insurance, and plate number, or note what you can if they leave.
- Photograph the scene, crosswalk, signals, lighting, and your injuries.
- Get witness names and phone numbers.
- Keep your bike, helmet, clothing, and shoes as they are.
- Notify your own auto insurer promptly, especially after a hit-and-run.
- Avoid recorded statements to the driver’s insurer until you have advice.
What compensation can I recover?
Depending on the evidence, damages may include medical expenses, future care, lost wages and earning capacity, pain and suffering, mental anguish, permanent injury or scarring, and damage to your bicycle and gear. In cases of especially serious misconduct, such as a drunk driver, punitive damages may be sought. If a family member was killed, see our wrongful death page.
How long do I have to file a claim in Alabama?
Alabama generally allows two years to file a personal injury lawsuit, with shorter notice rules for claims against a city and different rules for some other parties and for minors. See our guide to the Alabama statute of limitations.
How much does a pedestrian or bicycle accident lawyer cost?
Dothan Law Group handles these cases on a contingency fee. You pay no attorney fee up front, and our fee is paid only if you recover money. The terms are explained in a written agreement before you hire us.
Talk with a Dothan pedestrian and bicycle accident lawyer
If you or someone in your family was hit by a vehicle while walking, running, or biking in Dothan, Houston County, or Southeast Alabama, we can review what happened and explain your options in a free consultation. For crashes between vehicles, see our car accident page.
Frequently asked questions
Do drivers have to yield to pedestrians in Alabama?
Generally, yes. Where there is no traffic signal, Alabama drivers must yield to pedestrians in a crosswalk, and all drivers must use due care to avoid hitting pedestrians. Pedestrians crossing outside a crosswalk generally must yield to vehicles, but that does not give drivers permission to hit them.
Can I still recover if I was not in a crosswalk?
Possibly. Crossing outside a crosswalk does not automatically end a claim, because drivers still have a duty of due care. But Alabama's contributory negligence rule means the insurer will likely argue you were at fault, so the evidence about visibility, speed, and driver attention matters a great deal.
Does car insurance cover me if I was hit while walking or biking?
It may. The driver's liability insurance is usually the first source of payment. If the driver had no insurance, too little, or fled the scene, uninsured or underinsured motorist coverage on your own or a household member's auto policy may apply, depending on the policy terms.
Are bicyclists treated like drivers under Alabama law?
Generally, people riding bicycles on the road have the same rights and many of the same duties as drivers of vehicles. That means cyclists must follow traffic rules, and drivers must share the road and pass safely. A cyclist's compliance with those rules often becomes an issue in a claim.
What if my child was hit by a car?
Alabama law treats young children differently when it comes to fault. Very young children generally cannot be found contributorily negligent, and older children are judged by a child's standard. Claims for minors also have special rules about deadlines and court approval of settlements.
What if I tripped on a broken city sidewalk?
A claim against a city for a dangerous sidewalk or street may be possible, but it usually requires filing a written claim with the city within six months. These claims have their own rules about notice and proof, so it is important to act quickly.
How much does it cost to hire Dothan Law Group?
We handle pedestrian and bicycle accident cases on a contingency fee. There is no upfront attorney fee, and our fee is paid only if you recover money. The terms are explained in writing, and the first consultation is free.
