When a traffic accident involves a drunk pedestrian, determining fault can be a complex and nuanced process. This scenario involves not only understanding the actions of the pedestrian but also examining the behavior of the driver. This information will help you to determine how to obtain medical help and, in addition, acquire good compensation.
At Castan, Lecca & Boeschen, we approach these cases by considering multiple legal aspects such as duty of care, negligence, and shared responsibility. Here, we explore how these factors influence the determination of fault.
The duty of care is a legal obligation that all drivers have to act with the necessary caution and attention to avoid causing harm to other road users, including pedestrians. Even if there is a drunk pedestrian, the driver has a responsibility to drive with a level of care that is reasonably expected under the circumstances.
This may include slowing down and ensuring adequate reaction time to avoid drunk driving accidents.
However, the drunk pedestrian also has a responsibility to adhere to the law and not put themselves in dangerous situations that could result in a traffic accident. The pedestrian’s intoxication can be seen as contributory negligence if their state of inebriation affected their ability to cross safely.
In many states, including Georgia, the theory of “comparative negligence” is applied to determine responsibility in such drunk driving accidents.This means that each party involved can be considered partially responsible for the traffic accident based on their contribution to the situation.
For example, if a drunk pedestrian recklessly crosses the road and is hit by a driver who is speeding, both may share the blame.
At Castan, Lecca & Boeschen, we have extensive experience handling traffic accident cases where determining fault is complicated by factors such as intoxication. We use a meticulous approach to investigate each case, ensuring that all aspects, from evidence collection to the application of the law, are handled with the utmost precision.
Our attorneys specialize in identifying all possible sources of evidence, including traffic cameras, witness testimonies, and police records, to build a strong case.
Whether you were involved in an drunk driving accident as a pedestrian or as a driver, it is crucial to have legal counsel who can clearly articulate all aspects of the negligence and responsibility involved.
Determining fault in traffic accidents involving drunk pedestrians is a detailed process that requires a deep understanding of traffic laws and personal responsibility. At Castan, Lecca & Boeschen, we not only provide that expertise but are dedicated to ensuring our clients receive fair representation and adequate compensation.
If you find yourself facing such a situation, contact us to ensure your rights are protected and receive your first consultation for free: 678-825-3611.
51 Lenox Pointe NE
Atlanta, GA 30324
4131 Steve Reynolds Blvd #102
Norcross, GA 30093
Dustin Thompson
Attorney
Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence. Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.
MICHAEL BOESCHEN
Attorney
Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA
CHRISTIAN PECONE
Attorney
ED DENKER
Attorney
ILIANA DOBREV
Attorney
KEN THAXTON
Attorney
ALEXANDER LECCA
Attorney
DANIEL CASTAN
Attorney
Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C. Dan was admitted to the Georgia Bar in November, 1993. He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.