Last updated: October 7, 2026 · Written by John C. Hubbard, Attorney
A person on foot or on a bicycle has no protection when a car hits them, and in Alabama they also face a legal rule that most states abandoned decades ago: if the driver’s insurer can show the pedestrian was even slightly at fault, the pedestrian recovers nothing. John C. Hubbard, LLC represents pedestrians and cyclists hurt in Birmingham, Hoover, Huntsville and across Alabama and Texas, and handles these cases with the contributory negligence fight in mind from the first day. No fee unless money is recovered.
What a driver owes a pedestrian
Ala. Code § 32-5A-213 requires every driver to exercise due care to avoid colliding with any pedestrian, to sound the horn when necessary, and to use proper precaution around children and anyone who is obviously confused or incapacitated. Pedestrians in a marked crosswalk, or in an unmarked crosswalk at an intersection, have the right of way (§ 32-5A-211), and a turning driver must yield to them. Those two statutes, plus the general speed statute, decide most pedestrian cases at intersections.
What the pedestrian owes the driver, and why it matters so much
Outside a crosswalk, a pedestrian must yield to vehicles on the road (§ 32-5A-212). Where there is a sidewalk, a pedestrian must use it; where there is none, a pedestrian must walk on the shoulder facing traffic and as far from the road as practicable (§ 32-5A-215). A pedestrian who crossed mid block on U.S. 280 or walked with traffic along the shoulder of U.S. 31 has, in the insurer’s view, violated a statute, and in Alabama contributory negligence bars the claim completely. That is the whole defense in most pedestrian cases, and it is why the firm treats these as fault cases first and damages cases second.
The defense is beatable. The Court of Civil Appeals held that a pedestrian who allegedly violated the walking statute was not contributorily negligent as a matter of law (Hawkins v. Simmons, 295 So. 3d 683 (Ala. Civ. App. 2019)). A jogger who stepped from the grass to the fog line to brush off an insect, and was struck by a car that swerved toward him, was not barred as a matter of law, because the evidence showed he was as far from the roadway as practicable and the car came to him (Lee v. State Farm). The Supreme Court held in 2024 that the crosswalk statute gave no right of way to a man pushing a stalled car across a median turn lane, but also rejected the idea that a driver owes pedestrians anything less than reasonable care (Virgo v. Roberts, 401 So. 3d 263 (Ala. 2024)). And a motorized wheelchair is a vehicle, not a pedestrian, under the statute, which changes which rules apply (Pruitt v. Oliver, 331 So. 3d 99 (Ala. 2021)). Each case turns on where exactly the person was and what the driver could see, which is why the scene evidence has to be gathered in the first week.
Bicycles
A bicycle on an Alabama road is a vehicle. The rider has the rights and duties of a driver, must ride as near to the right side of the road as practicable, and must obey signals and signs (Ala. Code § 32-5A-260 and following). Drivers must give a cyclist room when passing. The same contributory negligence rule applies: a cyclist who ran a stop sign or rode against traffic will be blamed, and a cyclist who was riding lawfully and was hit by a driver who did not look has a strong claim. Helmet use is required for riders under sixteen; for adults, the defense will raise the lack of a helmet, but has to prove with expert testimony that a helmet would have prevented the specific injury.
Hit and run drivers
A large share of pedestrian collisions in Birmingham involve a driver who left. Your own auto policy’s uninsured motorist coverage applies to you as a pedestrian, and so does the policy of a relative you live with. A hit and run driver is an uninsured motorist under Alabama law, and Alabama lets you stack UM coverage across up to three vehicles on the same policy. Report the collision to the police the same day and to your own insurer within the time your policy requires, because both are conditions of the UM claim.
Where these cases happen in Birmingham and how they are proven
U.S. 280 through Cahaba Heights and Inverness, U.S. 31 through Homewood, Vestavia Hills and Hoover, Crestwood Boulevard, Bessemer Super Highway, and the stretches of Highway 150 and Lakeshore Drive where there is no sidewalk and the nearest crosswalk is half a mile away. The evidence is the same in each: intersection and business cameras, which are overwritten within weeks; the vehicle’s data recorder; the driver’s phone records; witnesses; and the exact location of the impact relative to the crosswalk, which the police diagram often gets wrong. The firm sends preservation letters immediately and, in a serious case, retains a reconstructionist.
Deadlines and venue
Two years from the collision to file suit in Alabama (§ 6-2-38) and in Texas (Tex. Civ. Prac. & Rem. Code § 16.003). Six months to present a sworn claim to the city clerk if a city vehicle struck you or a city sidewalk or signal defect contributed (§ 11-47-23); twelve months for a county. Birmingham area cases are filed in the Jefferson County Circuit Court, Huntsville cases in Madison County, and Houston cases in the Harris County district courts, where Texas comparative fault applies instead of Alabama’s all or nothing rule.
Start your case
Answer the questions below and John will review your summary, usually the same business day. Or call 205-378-8121. Se habla español.
Frequently asked questions
I was crossing outside a crosswalk. Do I still have a case?
Possibly. The defense will argue contributory negligence, but the driver still owed you due care, and whether you were negligent is a jury question in most cases. Where you were, what the driver could see, and how fast the driver was going decide it.
The driver left the scene. Who pays?
Your own uninsured motorist coverage, or that of a relative you live with. A hit and run driver counts as uninsured in Alabama.
Does it matter that I was not wearing a helmet on my bike?
Only if the defense can prove the helmet would have prevented your specific injury, which requires expert testimony. A broken wrist or leg has nothing to do with a helmet.
What does it cost?
Nothing up front. The firm is paid a percentage of the recovery, and there is no attorney’s fee if there is no recovery.
Related: Alabama Rules of the Road, contributory negligence in Alabama, uninsured motorist claims, car wrecks, wrongful death, Birmingham, Huntsville, Houston.
This page is general information about Alabama and Texas law, not legal advice, and contacting the firm does not create an attorney-client relationship. No representation is made that the quality of legal services is greater than that of other lawyers.