It is common for anybody to this a driver is at fault for hitting a drunk pedestrian on the way and even though this might be true in some cases, in other cases, it can also be a lie. This also depends on what each person was doing at the time of the accident and it is very rare for a pedestrian to be held at fault after being knocked down by a car. Your best course of action would be to call a lawyer as soon as possible and you also have this article which talks about drunk pedestrian hit by car, who is at fault article to tell you what you need to know.
Drunk Pedestrian Hit By Car, Who Is At Fault
In New York, there is a rule known as the pure comparative negligence rule that comes into play when trying to share the fault after an accident. What this means is if the case eventually comes to trial then you are only going to pay for damages that you are responsible for. This simply means that after such accident, if what you are responsible for is forty percent of the accident then your damaged would be cut down to forty percent. However, it is only in New York courts that such rule applies.
It doesn’t really apply with an insurance company and this is why it is always essential for you to hire a lawyer who is skilled at insurance to help with your case. You would be wondering by now how one can get to determine who is at fault in an accident between a drunk pedestrian and the driver who hit him down. In this case, there are number of key factors that can be used in determining who is at fault and this is because the pedestrian and the driver have responsibilities of being aware of their surrounding, acting safely and properly.
A drunk pedestrian can be found guilty or at fault for an accident if;
- Was talking or texting on phone and not paying attention to his environment
- Rushed into the middle of the road from the street or from a hidden location
- Disobeyed traffic laws
When trying to determine liability, the full picture needs to be taken into consideration. For example if the pedestrian was jaywalking on an empty road and was hit by a driver then he is at fault. When it comes to liability, the circumstances can be a bit confusing or challenging and this is why an experienced lawyer is needed here as he would be helpful when it comes to gathering facts that would help with the case. It is common for the driver to be held liable than the pedestrian even if the pedestrian was texting while trying to cross an intersection.
Even though so much attention has been paid to drunk driving in recent years, drunk walking is also something of concern as well. Pedestrians who have drank too much and exceeded their alcohol limit are likely to experience any of the following;
- Decline in reasoning ability
- Severe motor impairment
- Inability to use peripheral vision
- Reduction in depth perception
- Inability to recover from vehicle glare
- Crossing the road in wrong areas and wrong timing too
However, if you were drunk when walking and you get hit by a car then you must go for a medical checkup as soon as possible. It is also possible for you to try contacting a lawyer and see if you file for a potential claim but first the lawyer would have a discussion with you to know the circumstances surrounding your accident and also tell you if you have the go ahead to file for a claim or not or if you were affected by your intoxication.
Between the year 1991 and 2013, deaths that were recorded among pedestrians showed that most of them were already drunk and if you are to avoid such incidents where you might get knocked down by a car because you were drunk, it is best and safer for you to ask someone for a ride home. You can either use a ride sharing service because it can only guarantee you getting hone safe than stand the risk of getting hit by a vehicle.