With over 9,900 people killed in auto accidents involving alcohol in 2014, the problem of people drinking and getting behind the wheel is very serious. In fact, DUI-related accidents account for over 30% of all vehicular deaths in the entire country. There were over 1.1 million drivers arrested for driving under the influence in 2014, according to the CDC.
If this happens to you, you deserve to collect compensation for the injuries you suffer at the hands of the negligent driver. Learn what happens when a pedestrian is injured in a drunk driving accident, and how a car accident lawyer can help you get compensation for damages.
Suing the Driver
The first question people have when they’re injured by a drunk driver is whether they can and should sue. The answer to this question is quite simply, yes. Drunk driving inherently fits the textbook definition of negligence — someone driving under the influence is behaving in a grossly irresponsible and dangerous way, and their victims are certainly entitled to a range of damages as a result of the accident.
What Kind of Damages Can Be Recovered?
There are a broad range of damages that can be recovered in a drunk driving accident. These are divided into two, overarching categories: General and Special damages.
Special damages are those damages that are easy to quantify. Things like your medical bills—hospital visits, doctor’s appointments, rehabilitation, medication and the like — and your lost wages and compensation, even future potential earnings fall into this category.
General damages are more difficult to assign a number. These are things like pain and suffering, loss of your normal quality of life, lost companionship and consortium, and sometimes punitive damages in grievous cases.
Insurance and Damage Limits
If you do collect damages from your case, you’ll need to be aware of certain limits that may come into play. Your case might be worth a great deal of money, but if the insurance policy of the defendant has a lower limit, you could have difficulty collecting the rest.
For example, let’s say your total special and general damages are valued at $250,000, but the responsible driver’s auto insurance only covers $150,000. That’s the maximum the insurance will pay. Technically the driver is still on the hook for the extra $100,000, but if they don’t have it to pay you may have trouble practically collecting.
Calling a Car Accident Lawyer
One of the keys to both getting the maximum possible settlement, and in collecting the most possible, is to work with a qualified and experienced car accident lawyer. A lawyer will be able to stand up against insurance companies who are dead-set against paying the damages you’ve suffered and protect your rights as a victim. They may also be able to help you learn how to collect additional damages beyond the insurance limits, or if this is even possible in your case.
For many years the experienced accident attorneys at Parrish DeVaughn have helped people throughout the Oklahoma City area seek compensation for the injuries they’ve suffered. If you’ve been hurt by a drunk driver, call us today to discuss your case at no cost.
When you head out to attend a community gathering, expo or another festival, you’re just out to have a good time. You’re looking forward to spending time with those closest to you, enjoying the local arts, dining, and entertainment culture and just being out and about. Then the unthinkable happens — you’re crossing the street and you get hit by a car.
You know you deserve compensation for your injuries, and you wonder what you could’ve done to avoid the accident. Learn the steps you can take to stay safe at festivals, and how an Oklahoma City car accident attorney can help you get compensation for car accident injuries.
Staying Safe at Festivals
There are a lot of potential dangers at a public event, and many are related to automobiles. Drivers in these areas can be distracted for a variety of reasons — there’s a lot going on around them. They might be talking on a cell phone. They could be intoxicated. They could just be confused and not be paying attention.
Regardless, staying safe at festivals requires you as a pedestrian to keep your wits about you at all times. Know what’s going on, where everyone is, and stay clear of areas of heavy traffic when possible. Always assume if there’s a car there, that the driver will make the wrong choice. That way you can react when it happens.
Even still, sometimes there’s nothing you can do to avoid a bad decision by an irresponsible driver.
Determining Fault
The first step in a pedestrian accident is to determine fault. The driver must have been negligent; that is, acting irresponsibly in such a way as to have not only placed you in unreasonable danger but to have actually caused you harm. This means you must have been acting appropriately.
If for example, you were jaywalking while texting on your phone, you may have a more difficult time collecting damages than if you were crossing with the light at a crosswalk while looking both ways. That’s why it’s important to stay alert and aware, and obey all relevant laws when crossing the street.
Collecting Damages
If you are hit by a driver, you can be open to a range of damages, including having all of your medical expenses paid, from doctor’s office to major procedures, medications, physical therapy and even transportation, to lost earnings and wages, to loss of your ability to enjoy life and pain and suffering. In extreme cases (usually where drunk drivers are involved) punitive damages may enter into the picture.
Call an Oklahoma City Car Accident Attorney
Besides proving negligence, it can be hard to put a value on your injury. While lost wages and medical bills are pretty clear, how do you value loss of quality of life or emotional trauma? That’s why you need the help of a qualified Oklahoma City car accident attorney. Your lawyer knows not only how to value your case, but how to fight the insurance companies’ efforts to reduce what they pay out.
For years, the attorneys at Parrish DeVaughn have helped people get compensated for the injuries they’ve suffered due to someone else’s negligence. Give us a call to discuss your case at no cost, today.
Recently, a five-year-old boy was hit by a pick-up truck when he ran across the drop-off lane in front of his elementary school. The pick-up truck was moving forward slowly when the boy ran into the side of the vehicle, falling down. The boy then suffered cuts to his knee when one of the truck tires scraped against his leg. Luckily, the boy was not more seriously injured, but the incident is a reminder of the importance of good pedestrian safety skills. According to data from the National Highway Traffic Safety Administration, 16 of the 77 traffic deaths in Oklahoma City in 2013 were pedestrians. Here are some important things to remember when you or your child is a pedestrian:
- Walk on a sidewalk when one is available. When no sidewalk is available, walk as close to the edge of the road as possible while facing traffic.
- When possible, cross at crosswalks or intersections, where drivers are more likely to expect pedestrians to cross.
- Teach your children to look left, right, and left again before crossing the street. Teach them to only cross when it is safe to do so and not to run across the street, trying to beat a vehicle. Model this behavior for your children.
- Do not assume drivers will see you. They could be distracted, under the influence of drugs or alcohol, or otherwise unable to see you, especially if you are not crossing at a crosswalk.
- Make yourself easily visible, particularly if crossing the street at night or when visibility is impaired. Bright colors can make you more visible. At night, wear reflectors or use a flashlight to make yourself easier to see.
- Do not allow younger children to cross the road on their own. Younger children cannot adequately judge speed and distance of vehicles. Although children develop at different rates, generally those under 10 should cross the street with an adult.
Unfortunately, not all drivers watch for pedestrians. They may speed or not stop for you or your child, even when you have the right-of-way. If you or your child was hit by a vehicle while walking, contact us right away. A personal injury attorney will discuss your individual case with you, helping you to understand your rights.
