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Drunk Driving: When A Pedestrian Is Hurt

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Drunk driving accidents are some of the most devastating car accidents that a person can experience. This is especially true if you are a pedestrian who has been struck by a drunk driver. Being struck by a drunk driver almost always results in devastating injuries that affect your quality of life. After your accident, it’s likely that you will need to pay very expensive medical bills and may not be able to work for an extended period of time.

When you are a pedestrian who has been hit by a drunk driver, your best resource to get back on your feet is to file a personal injury lawsuit. Learn more your legal options after you’ve been hit by a drunk driver and find out why you must discuss your case with an experienced car accident lawyer.

Filing a Personal Injury Suit

You are almost always eligible to file a lawsuit after being struck by a drunk driver as a pedestrian. Driving while intoxicated is considered to be an act of negligence, which is one of the requirements for a personal injury lawsuit. Many states allow the estate of the pedestrian to file a lawsuit if they die as a result of their injuries.

When you file your lawsuit, you need to be aware of the need to prove the driver’s negligence. You will need to show that they were intoxicated beyond the legal limit and that this caused them to strike you with their vehicle.

Pursuing Damages

Another factor to consider is the damages that you will pursue in your case. Typically, damages for medical expenses and lost wages are awarded in lawsuits where a drunk driver strikes a pedestrian. For instance, your medical expenses may be $50,000 and your lost wages $25,000. The court may award you $75,000 to cover these losses.

It’s also possible to receive damages for pain and suffering. However, this can depend on the state where your accident occurred. Also, pain and suffering can be hard to prove, so it’s a good idea to pursue more concrete damages.


An obstacle to getting the compensation you need after being struck by a drunk driver has to do with insurance. It’s very common for a drunk driver to not carry an insurance policy. This may limit your ability to receive a payout for your accident.

If the drunk driver does have an insurance policy, you will only be able to receive compensation up to the limits of their policy. For example, if your medical expenses were $50,000 but the drunk driver’s policy limit is $25,000, you will have to pay the remaining expenses out of pocket.

Consult a Car Accident Lawyer

If you’re struggling to recover after being hit by a drunk driver, you should seriously consider filing a personal injury lawsuit. Learn your options for filing a personal injury lawsuit by consulting with a car accident lawyer from the McMahan Law Firm.

The Insiders at the McMahan Law Firm understand the complications of a drunk driving accident, and we can review your case to see if filing a personal injury lawsuit is the right decision for you. Request a consultation with The Insiders and start fighting for the compensation that you deserve.