If you were hit by a drunk driver in a pedestrian accident, your case may be better from a legal perspective when it comes to securing compensation, but it also comes with additional challenges. Here’s an overview of how being hit by a drunk driver affects your pedestrian accident case:
Why Your Case May Be Better:
Clear Liability:
- Drunk driving is illegal and considered a serious form of negligence. If the driver who hit you was under the influence of alcohol or drugs, it’s easier to establish fault because driving under the influence (DUI) is a clear violation of traffic laws. This makes it much more straightforward to hold the driver accountable for your injuries.
- If the driver is convicted of DUI, it strengthens your case because a criminal conviction serves as solid evidence of the driver’s fault. In civil cases, the standard of proof is lower than in criminal cases, so a criminal conviction can boost your claim for compensation.
Punitive Damages:
- In cases where the driver’s behavior was especially reckless—such as driving while intoxicated—you may be eligible for punitive damages. Unlike compensatory damages, which cover your medical bills, lost wages, and pain and suffering, punitive damages are meant to punish the driver for their egregious behavior and deter others from similar conduct.
- Punitive damages can significantly increase the amount of money you are awarded, which would not typically be available in cases involving non-intoxicated drivers.
More Leverage for Negotiation:
- Because drunk driving is viewed as such a serious offense, insurance companies are often more inclined to settle cases involving drunk drivers quickly and for higher amounts to avoid the possibility of a much larger award if the case goes to trial. The risk of punitive damages can make the insurer more likely to offer a generous settlement.
- The public perception of drunk driving being reckless and dangerous also gives you leverage during settlement negotiations. Juries tend to be sympathetic to victims in these cases, which could push the insurance company to settle out of court to avoid the risk of a costly trial.
Why Your Case May Be Challenging:
Insurance Coverage Limits:
- While your case may be stronger, a significant challenge arises if the drunk driver’s insurance coverage is limited. The at-fault driver may not have enough coverage to fully compensate you for your injuries, medical bills, and lost wages, especially if your injuries are severe.
- In such cases, you may need to rely on your own uninsured/underinsured motorist coverage if the driver’s insurance isn’t sufficient. If the driver lacks sufficient assets, collecting beyond their insurance limits can be difficult.
Complex Legal Process for Punitive Damages:
- While punitive damages can increase your compensation, they can be difficult to pursue. In some cases, you may need to go to trial to secure punitive damages, which can prolong the legal process and make your case more complicated.
- Oregon has specific rules about punitive damages, and courts may limit or reduce the amount awarded in some cases. It’s important to have an experienced attorney who understands the legal complexities involved in pursuing punitive damages.
Criminal vs. Civil Case Timelines:
- If the driver is charged with DUI, the criminal case could delay your civil claim. While the criminal case can provide strong evidence of fault, the court may require the civil case to be put on hold until the criminal proceedings are resolved.
- However, the criminal case may result in the driver’s conviction or a guilty plea, which helps your civil case. But the wait time for criminal proceedings to finish may delay your compensation.
Compensation You Can Expect
In a pedestrian accident involving a drunk driver, you can generally seek the following damages:
Economic Damages:
- Medical expenses (current and future)
- Lost wages due to time off work
- Loss of future earning capacity if your injuries prevent you from returning to work
- Property damage, if applicable
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive Damages: As mentioned earlier, you may also be eligible for punitive damages if the driver’s behavior was particularly reckless or egregious, like driving with an extremely high blood alcohol content (BAC).
To maximize your chances of receiving full compensation, it’s essential to consult with an experienced personal injury attorney who can guide you through both the civil and criminal aspects of your case and help you pursue all possible sources of recovery.
