Well over a million people get arrested for drunk driving every year across the United States. This problem is an epidemic, despite widespread efforts to raise awareness and educate the public on the problem. Nearly 1/3 of all annual fatal car accidents involve alcohol or other intoxicants. These accidents are bad enough when it’s two cars, but when a pedestrian is involved the damage can be truly catastrophic.
There are a ton of issues that come up in these situations, encompassing both criminal charges and civil ones. If you’re wondering whether you can sue a drunk driver for your pedestrian injury, the answer is yes. Learn about drunk driving accidents involving pedestrians and why you should have a car accident lawyer help you pursue your injury case for compensation.
Suing a Drunk Driver
Suing anyone for a personal injury case is going to rely basically on the same principle of negligence. You need to prove that the driver violated a basic duty to act responsibly behind the wheel and not put others in danger and that this violation was directly responsible for the accident and your injury.
The duty of care part is easy: if the driver was intoxicated, by definition they’ve been acting negligently. That means, in general, you simply have to show that their irresponsible behavior caused the accident and that you got hurt as a direct result.
Damages That Can Be Recovered
When you’re hurt in a car accident there are many damages you can recover to compensate for your injuries. These include what are called “special damages,” or those damages that are easy to quantify. Examples include medical bills, lost wages and any potential future earnings that you won’t be able to make. They also include more “general damages,” which are harder to put a value on—things like your lost ability to enjoy your life, lost consortium, lost companionship, pain and suffering, emotional damages and the like.
In the most egregious cases, you can even collect punitive damages designed specifically to punish the driver for what they’ve done. If a pedestrian dies in an accident like this, their surviving loved ones can collect funeral expenses and other damages like those above via a wrongful death claim.
Call a Car Accident Lawyer
In order to collect this compensation, it’s essential to have the right legal help in the form of a car accident lawyer. You’ll have to deal with canny insurance companies who only pay out to a certain amount (and will take great pains to pay out even less). You’ll face attorneys on the side of the defense who are out to make you the villain instead of the injured individual not at fault. The right attorney can make sure your rights are protected and that you get the compensation you deserve.
If you’re in the Odessa, Texas area and need help seeking damages from a drunk driver, contact the attorneys at Braker White for a free consultation today on the details of your case.