How to Request a Safety Review and Preserve Records

The Alabama Law Enforcement Agency reported 120 pedestrian fatalities and 620 pedestrian injuries statewide in 2024. It also reported that pedestrian deaths increased by about 22% from 2015 through 2024.

Earlier Highway Safety Plan data show historical concentration in several urban counties. For 2018 through 2020, the plan reported 57 pedestrian fatalities in Jefferson County, 40 in Mobile County, 27 in Madison County, 25 in Montgomery County, and 11 in Tuscaloosa County. The plan treated urban counties as priority areas for pedestrian initiatives.

Those figures explain why pedestrian safety deserves attention, but they are not a current ranking of individual intersections. A useful local inquiry should examine the specific location’s crash history and conditions such as sight distance, vehicle speeds, pedestrian movements, signs, pavement markings, lighting, access points, and driver behavior.

Start with the exact location and the problem you observed. Avoid relying only on a conclusion such as “this intersection is dangerous.” Explain whether the concern involves a difficult crossing, obstructed sight line, vehicle speed, faded markings, inadequate lighting, missing signs, turning conflicts, or another specific condition.

ALDOT is divided into five geographic regions, publishes regional contacts and county assignments, and provides a Report a Concern channel. If the location is on a state or federal route, those resources can help residents reach the appropriate office. For another road, direct the request to the governmental entity responsible for that location.

A focused request may ask the agency to:

• confirm whether it owns or maintains the road;
• inspect the identified location;
• review available crash history and current traffic conditions;
• consider sight distance, speeds, pedestrian and bicycle activity, signs, markings, lighting, access management, and driver behavior;
• identify whether a study is planned, underway, or already completed; and
• explain the next administrative or engineering step.

If the Request Involves a Traffic Signal

For a possible signal on a state or federal route, ALDOT guidance calls for initial consultation with the Region or Area Traffic Engineer. The engineer may inspect the site and obtain preliminary counts before deciding whether a formal study is appropriate. It is more useful to request an evaluation than to assume that a signal is the only solution.

If the Concern May Require a Funded Safety Project

A resident may bring the issue forward, but formal Highway Safety Improvement Program applications originating outside ALDOT ordinarily proceed through a governmental project sponsor and the appropriate ALDOT Area Local Transportation Engineer. The road owner may therefore need to participate before a concern can become a formal project application.

Alabama residents may inspect and copy public records, subject to statutory and judicially recognized exceptions. State guidance describes a standard request as one seeking specifically identified records that require fewer than eight staff hours to process.

That guidance states that an agency generally must acknowledge a standard request within 10 days and provide a substantive response within 15 business days after acknowledgment. Different notice and response provisions apply to time-intensive requests. Keeping the request focused can make it easier for the custodian to identify responsive records and determine how the request should be handled.

Ask for existing records rather than requiring a new analysis. For example, define the intersection or road segment, give a reasonable date range, and identify relevant categories such as existing traffic counts, speed studies, road-safety assessments, signal studies, maintenance records, written complaints, work orders, or correspondence concerning a planned improvement.

Sample formulation: I request copies of existing records concerning the pedestrian crossing at [location] from [starting date] through [ending date], limited to traffic or speed studies, safety assessments, inspection records, written complaints, work orders, and correspondence concerning proposed corrective work.

The guidance also states that production fees are limited to production costs rather than ordinary record-maintenance expenses or attorney expenses. Before paying or narrowing a request, ask the custodian to explain any estimated charge and the scope of records included.

A public-records request seeks access. A preservation notice asks a holder not to alter or destroy identified material. Sending one does not guarantee that evidence exists, establish a right to inspect it, or create a universal preservation duty.

In Killings v. Enterprise Leasing Co., the Alabama Supreme Court explained that a third party ordinarily has no general duty to preserve evidence. A duty may arise, however, through an agreement, a voluntary undertaking, or a sufficiently specific request. Evidence concerning an agreement to preserve a wrecked van and written preservation requests created a factual issue for trial in that case.

A preservation notice should therefore identify:

• the incident, location, date, and relevant time period;
• the particular documents, data, photographs, recordings, physical items, or electronically stored information at issue;
• the request that the material not be altered, erased, discarded, repaired, or destroyed; and
• a request for confirmation or identification of the correct custodian if the notice was misdirected.

Do not state that footage must exist simply because a camera is visible. Confirm who operates the system, whether it records, and whether any responsive material exists.

Preservation also applies to evidence in the injured person’s possession. In Goins v. Advanced Disposal Services Gulf Coast, LLC, the Alabama Supreme Court upheld submission of spoliation and contributory-negligence issues after a litigant wiped a phone following a request to inspect it. Preserve relevant phones, photographs, messages, location information, clothing, and other material, and obtain legal advice before altering or disposing of them.

Local-government retention rules provide another layer of protection but do not resolve every preservation question. Alabama guidance states that a county, municipality, or other local official may not destroy or dispose of a government record without approval from the Local Government Records Commission. Applicable retention schedules still matter, so a prompt and specific notice may remain important.