Cause and Effect: Drunk Driving and Pedestrian Car Accidents

Pedestrian car accidents can be devastating accidents, as the pedestrian may be seriously injured or even killed as a result of the accident. When this happens, the driver who is at fault can be held legally responsible for damages he causes to this pedestrian. If the driver is drunk, that driver may even be faced with additional damages in the form of punitive damages.

Fault in Car Accidents

In the majority of states in the US, a tort system is used to determine who is responsible for damages arising from car accidents. This means that either the insurance companies or a judge or jury will determine who is at fault for the car accident. That person will then have to pay for legal damages including:

Medical bills
Pain and suffering
Lost wages
Emotional distress
Wrongful death
Loss of companionship

In addition, some states permit punitive damages- or damages designed to punish the defendant. While these damages are not appropriate in all cases and are often unavailable in car accident cases, if a defendant is egregiously negligent or willfully hurts someone, then that defendant can be subject to such punitive damages. Being drunk and hitting a pedestrian may be seen as sufficiently reckless that punitive damages are appropriate.

Proving Fault

Sometimes, in a car accident case, the person who was injured will have to prove that the other driver was negligent. The case may not always be cut and dry, especially if both drivers did something wrong. However, when a drunk driver hits a pedestrian, it is almost always very easy for that pedestrian to prove that the drunk driver was at fault for several reasons:

The pedestrian was walking and the drunk driver was driving. It is far more likely that the drunk driver would have hit the pedestrian than the pedestrian happening to get into the path of the drunk driver
Drunk driving is illegal in every state. When the police are called to the scene of an accident, they generally will ticket and arrest the drunk driver. This can all be used as evidence against the drunk driver in a trial.

Getting Help

If you are a pedestrian who has been hit by a drunk driver, consult with an experienced personal injury attorney as soon as possible. Your attorney can help you explain what your right to recovery is from the drunk driver and can help you to file a lawsuit and prove your case so you can recover the damages you are entitled to under the law.

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