Drunk Driving Accidents: When a Pedestrian is Injured
2 May 2018No Comments
Car accidents are almost always a serious situation, particularly when they involve drunk drivers and pedestrians. When a pedestrian is hit by a vehicle, it can result in major injuries, and even death. This means that drunk driving accidents involving pedestrians are subject to a variety of legal issues, including personal injury lawsuits and criminal charges.
When you or a loved one has been injured by a drunk driver, then it’s important that you learn about your legal options and complications involved in these cases. Read about drunk driving accidents that involve injuries to pedestrians, and discover why you need to hire a car accident lawyer for your case.
Can You Sue the Driver?
The first question that most people ask after they’ve been hit by a drunk driver is if they will be eligible to file a personal injury lawsuit. Fortunately, the answer to this question is a definitive ‘yes’. According to the law, drunk driving automatically qualifies as a negligent activity. This means that a drunk driver who injures someone, especially a pedestrian, is liable for their injuries and is vulnerable to a personal injury lawsuit.
The exception to this rule is if you were somehow responsible for this accident. For example, pedestrians walking in the middle of the road or crossing the street against a green light may hold some liability in their accident.
If the pedestrian who was struck dies due to their injuries, a representative of their estate, such as a family member, may be able to file a wrongful death suit against the drunk driver.
Learn About Compensation
After deciding to file a lawsuit against the drunk driver involved in their accident, many people wonder about the damages they may be able to receive. While the amount of damages you will receive will be decided by the judge in your case, there are several damage types that you may be awarded.
First, you might be awarded damages for your medical expenses. This is very common in personal injury cases and is fairly easy to calculate because they’re based on your bills. Second, you can receive compensation for wages you have lost due to your injuries. Lastly, in some cases it may be possible to be awarded damages for a reduction in your quality of life and pain and suffering. However, these issues are hard to prove, so these damages are rarely awarded.
Does Insurance Play a Part?
A factor that many people overlook in drunk driving cases is that drunk drivers rarely possess insurance policies with coverage amounts high enough to cover injuries suffered by a pedestrian. In fact, because drunk driving is often a habitual crime, it’s possible the drunk driver in your case won’t have any insurance. This can make it difficult to receive the compensation you deserve.
If you file a claim against the drunk driver’s insurance, you can only collect up to their coverage limit. If your injuries resulted in losses of $25,000 and the coverage limit is $10,000, you will have $15,000 worth of expenses still to pay. To make sure you get the compensation you deserve, it’s best to consult with a car accident lawyer.
Work with a Car Accident Lawyer
If you’re looking for a car accident lawyer after you’ve been hit by a drunk driver, look no further than the legal team at The Bandas Law Firm, PC. When you hire an attorney from The Bandas Law Firm, you’ll be getting a legal professional dedicated to helping you with your personal injury lawsuit.
Request a consultation today and start planning your case.