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Drunk Driving Accidents: When a Pedestrian is Injured

It’s an understatement to call a car accident “traumatic.” It’s bad enough when two vehicles wreck, but when the victim of such a crash is a pedestrian, the damage is truly catastrophic. After all, there’s no walls or doors to protect you from a 2,000-lb impact at high speeds. If the driver is drunk, the emotions that follow go beyond chaos and confusion and include rage and betrayal.

You deserve compensation for your injuries, but that requires holding the drunk driver accountable. Know what your options are if you get hit by a car when the driver is drunk, and when you should call a car accident lawyer to help you seek compensation.

Proving Fault in a Pedestrian Accident

With well over a million people being arrested for drunk driving every year, and around 30% of all car-related fatalities involving intoxicants, drunk driving is a real problem on the roadways. Getting compensated after getting hit by a drunk driver requires that you prove negligence on their part, and while this is easier than in some other types of accidents, it can still carry complications.

First, you’ll need to establish that the driver acted in a way contrary to that of any reasonable person, which violated their basic responsibility to operate their vehicle safely. Drunk driving alone establishes this qualification: it’s the very definition of acting irresponsibly and violating a basic duty of care.

You’ll then need to prove, however, that it was their failure to be responsible that led to the accident, which in turn led to your injury. This can be somewhat trickier and requires the right legal knowledge.

Criminal vs. Civil Charges

The case can further be complicated by the fact that there will likely be criminal charges involved with the case. Drunk drivers can lose their license, spend time in jail and be subject to thousands of dollars in fines. None of this, however, will be related in any way to your injuries. You will need to file a civil suit to pursue the damages you deserve from your case, and this suit will likely not even reference any criminal proceedings.

Collecting Damages

If your case is successful, you can receive compensation for your lost wages and future earnings potential, for your medical bills from doctor’s visits to medication to major surgical procedures and rehab requirements, for pain and suffering, loss of quality of life, lost relationships and even in truly egregious cases, punitive damages against the driver.

Why You Need a Car Accident Lawyer

When you’re in this kind of accident, the insurance company will rarely simply pay out your claim. Rather, they’ll fight to prove that their client wasn’t responsible, trying to deflect the blame for the accident, the cause of your injuries and even challenging how badly you’re hurt. They might even claim you were at fault instead of their client.

That’s why you need a really good car accident lawyer by your side. An attorney can protect your interests, defend your rights, and remind everyone that you are the victim. They are your best chance at significant compensation for your accident. If you’re in Colorado and need help with your case, call Heuser & Heuser for help today.

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