What Happens When a Pedestrian Is Injured by a Drunk Driver?

Yearly, millions of individuals are arrested in situations where driving under the influence of alcohol or other substances is involved. Additionally, more than 30 percent of all fatal car accidents involve intoxicated drivers, but what happens when a pedestrian is injured by an impaired driver? The legal team of Zanes Law in Arizona sheds light on the aftermath of it all.

There are legal actions one could take to hold the responsible drunk driver accountable and secure financial compensation, but it isn’t always easy. Understanding the legal implications when you sustain injuries as a pedestrian in a drunk driving incident will help you succeed. Our Phoenix pedestrian accident lawyers delve deeper into this below but also provide a free consultation.

What Legal Steps Should Be Taken After a Pedestrian Is Injured by a Drunk Driver?

It is strongly recommended that you contact law enforcement immediately to report the incident and ensure that an official police report is filed. Seek medical attention for your injuries and consult with a drunk driving accident lawyer in Phoenix to understand your rights and legal options.

For a free legal consultation, call 866-499-8989

How Does Liability Work in Cases Involving Drunk Driving Accidents?

In cases where a pedestrian is injured by a drunk driver, the driver is typically considered liable for the accident due to their impaired state and violation of the law. However, evidence is gathered to establish the driver’s negligence to strengthen your claim. There are factors that could lessen a drunk driver’s liability so it’s best to discuss fault with a Phoenix car accident lawyer. 

What Role Does Law Enforcement Play in These Cases?

Law enforcement plays a crucial role in documenting the incident, gathering evidence, conducting sobriety tests, and determining if the driver was under the influence. Their investigation supports your legal claim and may lead to criminal charges against the drunk driver.

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Why Is It Required to Seek Medical Attention and Document Injuries?

Seeking medical attention and documenting injuries after being involved in an accident, particularly in cases where a pedestrian is injured by a drunk driver, is necessary for the following reasons:

• Immediate care and well-being: Seeking prompt medical attention ensures that any injuries are properly assessed and treated. Early intervention can prevent further complications and promote a faster recovery.
• Establishing a causal link: Timely medical attention helps establish a clear connection between the accident and the injuries sustained. Medical records and documentation serve as essential evidence in demonstrating the extent and nature of the injuries caused by the drunk driving incident.
• Legal documentation: Medical records provide objective documentation of the injuries sustained, including diagnoses, treatment plans, and prognosis. These records can substantiate your personal injury claim and strengthen your case by providing credible and professional documentation of your injuries.
• Linking damages to the accident: Properly documenting injuries helps establish the link between the accident and the damages suffered. It allows for a clearer understanding of the impact the accident has had on your physical and emotional well-being, which is crucial in determining the appropriate compensation you may be entitled to.
• Supporting the claim: Insurance companies and legal opponents often scrutinize personal injury claims. Having comprehensive medical documentation helps support your claim and demonstrates the seriousness of your injuries. It strengthens your position in negotiations or court proceedings, potentially leading to a more favorable outcome.
• Long-Term effects: Some injuries may not be immediately apparent or may worsen over time. By seeking medical attention, you can identify and address any hidden or underlying injuries, ensuring that you receive appropriate treatment and ongoing care to mitigate potential long-term consequences.
• Professional guidance: Seeking medical attention allows you to consult with healthcare professionals who can provide expert advice, guide your recovery process, and recommend any necessary specialists or treatments tailored to your specific injuries.

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What Types of Damages Can Be Sought in a Personal Injury Claim?

In a drunk driving personal injury claim, you may seek various damages, including medical expenses, rehabilitation costs, lost income, property damage, pain and suffering, emotional distress, and loss of quality of life. In extreme circumstances, punitive damages may be awarded.

An experienced Phoenix personal injury attorney can assess your case and determine the appropriate damages to pursue.

How Do Insurance Claims Work in Cases Involving Drunk Driving Accidents?

In cases involving pedestrian victims in drunk driving accidents, insurance claims typically follow a similar process to other personal injury claims.

Investigation

The insurance companies will conduct investigations to determine liability and assess the damages. This may involve reviewing police reports, gathering evidence, and interviewing witnesses.

Medical Evaluation

The injured party will undergo a medical evaluation to document their injuries, treatment, and prognosis. Medical records will be submitted to the insurance agency for evidence in establishing the extent of the injuries and the damages suffered.

Settlement Negotiation

The injured party or their legal representative will engage in negotiations with the insurance company representing the drunk driver. This involves presenting the evidence, documentation of damages, and making a claim for compensation.

Settlement or Litigation

If a fair settlement agreement can be reached, the case may be resolved without going to court. However, if a settlement cannot be reached or the insurance company denies the claim, the injured party may choose to file a lawsuit and pursue the case in court.

What Are Some Common Challenges Faced When Filing a Personal Injury Claim?

Challenges may vary depending on the specific circumstances of the case, but some of the most common ones include:

Burden of Proof

One of the primary challenges is establishing the liability of the at-fault party. This requires gathering evidence, such as accident reports, witness statements, medical records, and expert opinions, to demonstrate that the negligent or wrongful actions of the responsible party caused the injuries.

Insurance Company Tactics

Dealing with insurance companies can be challenging, as they often employ various tactics to minimize their liability and reduce the settlement amount. Insurance adjusters may try to shift blame, downplay the extent of injuries, or undervalue the claim. They may also delay the claims process or use complex legal terminology to confuse claimants.

Comparative Negligence

In some cases, the injured pedestrian may share a portion of the blame for the accident. This concept of comparative negligence can complicate the claim and potentially reduce the amount of compensation awarded. Insurance companies may try to argue that the injured party’s own actions contributed to the accident to diminish their liability.

Inadequate Compensation Offers

Insurance companies may initially offer settlement amounts that do not fully cover the extent of the injuries, medical expenses, lost wages, or other damages suffered by the injured party. It can be challenging to negotiate a fair and equitable settlement that adequately compensates for all sustained losses.

Delayed or Denied Claims

Insurance companies may intentionally delay the claims process or deny claims altogether. They may cite policy exclusions, question the severity of injuries, or argue that the injuries are pre-existing. Overcoming these hurdles and successfully obtaining compensation may require legal intervention.

What Happens to the Drunk Driver if They Hit a Pedestrian?

The drunk driver may face criminal charges in Arizona, such as driving under the influence (DUI) or vehicular assault. If convicted, they may face fines, license suspension, probation, mandatory alcohol education programs, or even imprisonment. Criminal charges can support your civil claim for compensation.

Why Is It Necessary to Hire a Pedestrian Personal Injury Lawyer?

A personal injury attorney specializing in pedestrian accidents involving drunk drivers can provide invaluable legal guidance and representation. At Zanes Law Firm, our team of legal professionals care not only about your financial future, but you as a person in recovery. If needed, we take the extra mile to employ experts to uncover additional settlement funds. 

Don’t leave your financial stability and healing to chance by fighting a drunk driver alone. If you are a pedestrian who was hit by a drunk driver, benefit from our full suite of legal services by contacting us today and scheduling a free consultation.

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