In Alabama, Who Has the Right of Way in an Unmarked Crosswalk?

If you were hit by a car and injured in a pedestrian accident, you have rights

Every day, countless pedestrians walk, run, and jog along Alabama's streets, often relying on crosswalks to safely reach their destinations. However, when a pedestrian cautiously steps into an unmarked crosswalk and is struck by a driver who fails to see them, it raises the question: “Who has the right of way in these unmarked crosswalks?”

Like many states, Alabama is experiencing a dramatic increase in serious and fatal pedestrian accidents. In recent years, the number of fatal pedestrian accidents reported statewide increased by more than 10 percent, according to state data.

Understanding the law in such situations is important for ensuring safety and justice. Yet, no matter how well-prepared and careful a pedestrian is, they can always become the victim of a distracted, speeding, or otherwise negligent driver. That’s when having an experienced Alabama pedestrian accident attorney by your side can be critical to recovering the compensation you deserve for your medical bills and other accident-related expenses.

Legal definition of crosswalks in Alabama

In Alabama, crosswalks are a critical component of pedestrian safety, existing at all four corners of an intersection unless signage or road markings indicate otherwise. These crossings can be marked with painted lines or unmarked, yet both types are legally recognized. An unmarked crosswalk, often called an implied crosswalk, is essentially the extension of sidewalks across intersecting roads, even if no physical markings exist. Specifically, Alabama law defines a crosswalk as either of the following:

"That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway."
"Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface."

Alabama's laws define crosswalks broadly, offering significant protection to pedestrians, but many drivers overlook these safeguards, especially in the case of unmarked crosswalks. Despite the clear duty for drivers to yield to pedestrians, this crucial safety measure is not always observed in practice.

Alabama pedestrian right-of-way laws

Alabama law provides clear guidelines regarding the right of way for pedestrians. Both marked and unmarked crosswalks require drivers to yield to pedestrians, ensuring their safe passage. While pedestrians have the right of way, they are also obligated not to abruptly enter the path of a closely approaching vehicle, making it difficult for the driver to react.

Furthermore, it's the drivers' responsibility to exercise caution and prevent collisions with pedestrians by being extra vigilant, particularly in areas with heavy pedestrian traffic, and by adhering to the rules of yielding at crosswalks. Specifically, Alabama law states that:

"When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger."
"No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard."
"Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."

Although intersection laws offer protection to pedestrians, accidents still occur frequently, and within the legal system, there are arguments that can be made to place fault on pedestrians. Given these challenges and potential for fault-shifting in crosswalk accidents, consulting a pedestrian accident lawyer is essential to protect your rights, even when you believe your case is straightforward on paper.

Common factors in Alabama pedestrian accidents

Despite the protections afforded by law, pedestrian accidents are a serious issue in Alabama. To help reverse the rising trend of pedestrian deaths, in 2022, the state launched the "Everyone is a Pedestrian" safety campaign. To raise awareness about the hazards of walking near roadways, the initiative stresses that motorists in Alabama should exercise heightened caution to ensure safety. In particular, drivers must try to avoid the most common causes of pedestrian accidents, including:

Drivers failing to yield the right-of-way to pedestrians. Many drivers do not adhere to laws requiring them to yield to pedestrians, especially in unmarked crosswalks.
Distracted driving. The rise of mobile device usage has significantly increased the risk of collisions with people on foot.
Speeding. Higher speeds reduce the reaction time available to drivers, increasing the likelihood and injury severity of pedestrian accidents.
Driving under the influence (DUI). Impaired driving remains a major factor in pedestrian accidents.

To prevent crosswalk pedestrian accidents, the Alabama Law Enforcement Agency's (ALEA) Highway Patrol Division suggests drivers should remain vigilant for pedestrians in all conditions, as they may be difficult to spot, especially in low light, poor visibility, or inclement weather.

Always stop for pedestrians at crosswalks and near pedestrian signs, and never pass vehicles that are stopped at crosswalks, as they could be allowing pedestrians to cross. It's crucial to avoid driving under the influence of alcohol or drugs and to adhere to speed limits, particularly slowing down in areas with pedestrian traffic.

How a pedestrian accident lawyer in Mobile, AL, can help

Pedestrian accidents can have severe and long-lasting consequences. Victims often suffer significant injuries such as broken bones, head trauma, and spinal injuries, leading to extensive medical treatment and prolonged recovery periods. In some tragic cases, pedestrian accidents result in fatalities, leaving families to cope with profound loss and financial hardship.

At Dean Waite & Associates, LLC, our accident attorneys are dedicated to advocating for the rights of injured pedestrians. We understand the challenges injury victims face and work tirelessly to ensure they receive the maximum compensation they deserve. For more information or to discuss your potential case, contact Deane Waite & Associates LLC for a free case evaluation.

Click here for a printable PDF of this article, "In Alabama, Who Has the Right of Way in an Unmarked Crosswalk?"