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The Devastating Impact Of Drunk Driving On Pedestrian Injuries

Posted on February 25, 2024

Drunk driving continues to be a scourge on the roadways, posing a grave threat to pedestrians who navigate our streets daily. The collision of a vehicle operated by an impaired driver and a vulnerable pedestrian can result in catastrophic injuries or even loss of life. Our friends at the Law Firm of Edward Blinder, PLLC, are passionate about protecting the rights of pedestrians struck by a drunk driver, and they’re not the only ones. A pedestrian accident lawyer can help you demand justice and rebuild your life after a terrifying crash.

Alarming Statistics About Drunk Driving

Before delving into the legal aspects, it is crucial to understand the gravity of the issue. According to recent statistics, a significant percentage of pedestrian accidents involve drivers under the influence of alcohol. These accidents often lead to severe injuries or fatalities, emphasizing the urgent need for preventative measures and legal consequences.

Legal Consequences For Drunk Driving

Driving under the influence is a serious offense with severe legal consequences. In many jurisdictions, it is a criminal offense, and individuals caught driving while intoxicated face penalties such as fines, license suspension, and even imprisonment. However, when a drunk driver causes harm to a pedestrian, the legal implications extend beyond criminal charges. Drunk drivers may face a legal action in civil court, in addition to their criminal penalties.

Civil Liability For Pedestrian Injuries

Pedestrians injured in drunk driving accidents have the right to seek compensation for their injuries and losses through civil litigation. To establish civil liability, the injured party, or plaintiff, must demonstrate that the driver was negligent and that this negligence directly resulted in the pedestrian’s injuries.

Proving negligence in a drunk driving pedestrian accident typically involves showing that:

  • The driver owed a duty of care to pedestrians on the road
  • The driver breached this duty by operating the vehicle under the influence of alcohol
  • The breach of duty was the proximate cause of the pedestrian’s injuries
  • The pedestrian suffered actual damages, such as medical expenses, pain and suffering, or lost wages

Third-Party Liability And Dram Shop Laws

In some jurisdictions, additional legal avenues may be available to pedestrians injured by drunk drivers. These include “dram shop” laws that hold establishments accountable for serving alcohol to visibly intoxicated individuals who later cause harm. If the impaired driver was overserved at a bar or restaurant, the establishment may share liability for the pedestrian’s injuries.

Insurance Considerations

Insurance plays a crucial role in compensating pedestrians injured by drunk drivers. In many cases, the driver’s insurance coverage will be a primary source of compensation. However, if the driver is underinsured or uninsured, or if the damages exceed the policy limits, other avenues such as the injured pedestrian’s own insurance or the involvement of additional responsible parties may be explored.

By holding drunk drivers accountable through criminal and civil proceedings, pedestrian accident attorneys strive not only to obtain justice for the victims but also to deter others from engaging in this reckless behavior. As advocates for pedestrian safety, we must continue to raise awareness, support victims, and work towards creating safer streets for everyone.

Az: 480.418.9100
MO: 314.387.5900
AZ: 480.418.9100
MO: 314.387.5900