DUI Pedestrian Accidents: Legal Options for Victims and Families

DUI Pedestrian Accidents: Legal Options for Victims and Families

The intersection of impaired driving and pedestrian safety is a dangerous one. When a driver makes the irresponsible decision to get behind the wheel under the influence of alcohol or drugs, the risk of accidents significantly increases, especially for vulnerable pedestrians. In 2023, 12,429 people died in alcohol-impaired driving traffic deaths. If you or a loved one has been injured in a DUI pedestrian accident, understanding your legal options is crucial to securing the compensation and justice you deserve.

The Devastating Reality of DUI Pedestrian Accidents

Drunk driving continues to be a major cause of traffic injuries and fatalities, and pedestrians are especially vulnerable. Unlike vehicle occupants, pedestrians have no protection when struck by a car, truck, or SUV. The consequences can be devastating, leading to:

  • Traumatic brain injuries
  • Spinal cord damage
  • Multiple fractures
  • Internal injuries
  • Permanent disabilities
  • Wrongful death

Who Is Liable?

In cases where a pedestrian is injured by a drunk driver, the driver is typically considered liable for the accident due to their impaired state and violation of the law. However, evidence is gathered to establish the driver’s negligence to strengthen your claim.

Legal Steps to Take After a DUI Pedestrian Accident

If you’ve been involved in a DUI pedestrian accident, taking the right steps immediately following the incident is critical for your health and any potential legal claims. Here’s what you should do:

  1. Call 911: Report the accident to law enforcement immediately. Ensure that an official police report is filed. Request an ambulance if you believe you have a serious injury.
  2. Seek Medical Attention: Get medical help for your injuries, even if they seem minor. Some injuries may not be immediately apparent. Documenting your injuries is crucial for your legal claim.
  3. Gather Information: If possible, collect the driver’s information, including their name, contact details, insurance information, and license plate number. Also, get contact information from any witnesses at the scene.
  4. Document the Scene: Take photos and videos of the accident scene, including vehicle damage, injuries, and any relevant conditions (e.g., weather, visibility).
  5. Contact a DUI Accident Lawyer: Consult with an experienced attorney as soon as possible to understand your rights and legal options.

Legal Options for Victims and Families

If you or a loved one has been injured in a DUI pedestrian accident, you have several legal avenues to pursue compensation and justice:

  • Personal Injury Claim: You can file a claim against the at-fault driver’s insurance policy to recover damages for your injuries, medical expenses, lost wages, pain, and suffering, and other losses.
  • Lawsuit: If a fair settlement cannot be reached with the insurance company, you may need to file a personal injury lawsuit in civil court to seek compensation.
  • Wrongful Death Claim: If a pedestrian dies as a result of being struck by an impaired driver, surviving family members may have the right to file a wrongful death claim. This claim seeks compensation for funeral expenses, medical bills, loss of financial support, and loss of companionship.
  • Dram Shop Liability: In some states, establishments that serve alcohol may be held liable for overserving customers who then cause accidents. Victims can file claims against these establishments.
  • Uninsured Motorist (UM) Coverage: If the drunk driver was uninsured or fled the scene, you may be able to file a claim under your own auto insurance policy’s UM coverage.
  • Crime Victim Compensation: Some states offer financial assistance to victims of crimes, including those injured by drunk drivers.

Types of Compensation Available

In a DUI pedestrian accident case, you may be entitled to various types of compensation, including:

  • Economic Damages: These are quantifiable losses such as:
    • Medical expenses (past and future)
    • Lost wages (past and future)
    • Property damage
    • Rehabilitation costs
    • Out-of-pocket expenses
  • Non-Economic Damages: These are subjective losses such as:
    • Pain and suffering
    • Emotional distress
    • Loss of enjoyment of life
    • Loss of consortium (impact on relationships)
    • Disfigurement
  • Punitive Damages: In some cases, punitive damages may be awarded to punish the drunk driver for their reckless behavior and deter others from similar conduct.

Proving Negligence in a DUI Pedestrian Accident Case

To win a personal injury case, you must establish that the drunk driver acted negligently, meaning they breached their duty of care to others on the road, and that breach caused your injuries.

Factors that Can Affect Your Claim

Several factors can influence the outcome of a DUI pedestrian accident claim, including:

  • Severity of Injuries: The more severe your injuries, the higher the potential compensation.
  • Insurance Coverage: The amount of insurance coverage available from the at-fault driver’s policy can impact the settlement amount.
  • Liability: Proving that the driver was intoxicated and at fault for the accident is crucial.
  • Comparative Negligence: In some cases, the injured pedestrian may share a portion of the blame for the accident. This concept of comparative negligence can complicate the claim and potentially reduce the amount of compensation awarded.
  • Punitive Damages: In cases involving gross negligence or reckless behavior, courts sometimes also award punitive damages. These are not tied to your specific losses. Instead, they are designed to punish the driver and deter similar conduct in the future.

The Role of a DUI Accident Lawyer

Navigating the legal complexities of a DUI pedestrian accident case can be challenging. An experienced DUI accident lawyer can help you:

  • Investigate the accident and gather evidence
  • Determine all liable parties
  • Negotiate with insurance companies
  • File a lawsuit, if necessary
  • Represent you in court
  • Maximize your compensation

DUI Pedestrian Accidents: A Call for Prevention

DUI pedestrian accidents are preventable tragedies. By raising awareness about the dangers of drunk driving and holding drunk drivers accountable for their actions, we can work towards creating safer communities for everyone.

If you or a loved one has been a victim of a DUI pedestrian accident, don’t hesitate to seek legal assistance. Contact a qualified attorney today to discuss your rights and options.