Typically, when alcohol is a factor in a car-pedestrian accident, we assume it was the driver that was drunk. But what if the driver was fine and it was actually the pedestrian that had a few drinks? Fortunately, even with alcohol in their system, a pedestrian struck by a vehicle may be entitled to compensation.
Pedestrians, just like drivers, have a duty to take reasonable steps to protect themselves. This duty of care, or a lack of, can significantly impact a personal injury lawsuit. In the case of a car-pedestrian accident, it is the responsibility of both parties to show that they acted in a reasonable way and were not negligent. For example, if a concertgoer leaves a venue after having a few drinks and chooses to dart out in front of traffic and is struck by a vehicle, their decision to ignore their duty of care may result in a lawsuit. However, if the same concertgoer were to leave the venue, wait at the crosswalk until signaled to cross and is then struck by a vehicle, they may have grounds to file a personal injury claim regardless of intoxication.
It is common knowledge that alcohol impairs an individual's ability to drive, but that's not all it does. Alcohol lowers inhibitions and opens individuals up to bad decision-making. Forgoing our duty of care may be much easier when we are intoxicated. However, even with alcohol in your system, it is still possible to behave in a reasonable and safe manner.
Those injured in a car-pedestrian accident may benefit by working with an experienced personal injury attorney. With their help, even in cases where alcohol was a factor, injured individuals may be entitled to compensation.