Drunk driving is a serious problem in the United States. If a drunk driver hits a pedestrian, the consequences can be severe. The pedestrian could be severely injured or even be killed. There could be criminal charges – such as manslaughter – and civil charges pressed and the driver. This means they could be sued for damages as well as potentially serve jail time for their crime. So what steps should you take if you or a loved one are ever hit as a pedestrian by a drunk driver?
Suing the Driver
The pedestrian and or their family can definitely sue the driver if they had been drinking. A personal injury case requires that you prove that the driver was negligent and that your injuries occurred as a result of the accident. A drunk driving accident most certainly fits into these categories and therefore if you are ever in a pedestrian accident with a drunk driver you have the right to sue for all damages.
What damages can you receive?
When suing the drunk driver, you may be entitled to a wide variety of damages. Of course, the amount of damages is based on the severity of your injuries. Some of the damages you can sue for include expensive medical bills and expenses or any lost income you would have received if you were not injured. You can also sue for items that are more general in nature and harder to quantify such as your pain, suffering, and emotional damages. Finally, you can sue for loss of life.
How a personal injury lawyer can help
When dealing with a drunk driver hitting a pedestrian, there may be a lot of tricky legal items. You will need to be able to negotiate the appropriate amount of damages – which as mentioned earlier can be hard to quantify. With a drunk driver case, there may be both criminal and civil lawsuits which can be difficult to navigate.
A personal injury lawyer can help you decipher the civil side of your lawsuit. They can handle all the paperwork and communications with insurance companies. They understand the legal jargon and can help interpret what the insurance company’s lawyers are saying. A personal injury lawyer understands the law inside and out and can help make sure that you are fairly compensated for your injuries. Ultimately, having a good lawyer on your side will give you peace of mind knowing that your case is being taken care of and that you don’t have to worry about missing a beat.
If you or a loved one has recently been in a pedestrian accident involving a drunk driver, it’s important to know what options are available. You should file a claim right away as many states have statutes of limitations on pedestrian accidents. Filing a claim right away also makes it easier to gather witness statements and evidence to make your case even stronger. Make sure you have the right people on your team when dealing with a drunk driving accident. Being in an accident is a terrible ordeal and you shouldn’t need to worry about a bunch of paperwork.