Drunk driving accidents are some of the most common car accidents that a person can experience, with over a million of these cases occurring nearly every year. Unfortunately, many of these cases involve pedestrians, and often result in major injuries and, frequently, death. After you or a loved one has been involved in a drunk driving accident as a pedestrian, your best solution to recover may be filing a personal injury lawsuit.
However, before filing your lawsuit, it’s important to learn more about these cases and how to properly build a suit. Read about drunk driving accidents that involve a pedestrian and learn how you can get legal representation from a car accident lawyer.
Eligibility for a Lawsuit
When alcohol is involved in a car accident, you will almost always be eligible to file a personal injury lawsuit. Drunk drivers are generally automatically liable for any accidents that they cause, and this includes accidents involving pedestrians. However, there are limited circumstances when you will hold some responsibility for your accident.
For example, if you walked in the road or attempted to cross the street against a ‘Don’t Walk’ signal, you hold at least some liability. This may affect your ability to file a successful personal injury lawsuit against the driver involved in your case.
What Damages Are Available?
A major concern for those considering a personal injury lawsuit is the damages that they may possibly receive. In a personal injury suit, the most commonly awarded damages are those meant to cover medical expenses and to cover lost wages. You should make sure to request these damages in your case as they may be the best way to support yourself after an accident.
In some states, there is the possibility of winning damages for pain and suffering, as well as a loss of quality of life. The drawback of these two damages is that they can be extremely difficult to prove, which is why they are rarely awarded.
The amount of damages you receive will be entirely dependent on the jury or judge in your case. To receive the most damages possible, it’s important that you provide evidence of your injuries and how your accident has affected your life.
Filing an Insurance Claim
Prior to filing a personal injury lawsuit, many people consider filing a claim against the drunk driver’s insurance policy. This can actually be very difficult, as many drunk drivers are either underinsured or uninsured.
If you’re able to file an insurance claim, you will only be able to collect up to the limits of the policy. This means that if your accident resulted in $20,000 worth of medical bills and the insurance policy has a $10,000 limit, you will be left with $10,000 of out of pocket expenses. To cover these remaining expenses, you may need to file a personal injury lawsuit with the help of a car accident lawyer.
Hire a Car Accident Lawyer
Before filing a personal injury lawsuit for a drunk driving accident involving a pedestrian, you need to hire a car accident lawyer from Lowry & Associates, Injury Attorneys. We can examine your case and tell you if you’re eligible to file a personal injury lawsuit against the drunk driver that struck you.