Drunk Pedestrian Hit by a Car: Who is at Fault?
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.
Duty of Care and Negligence
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.
Comparative and Shared Responsibility
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.
How Castan, Lecca & Boeschen Can Help
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.
