In 2013 alone, Pennsylvania had 11,041 alcohol-related crashes, which led to a total of 381 deaths. This averages to more than one person dying each day throughout the entire year because of alcohol-related traffic crashes.
Sadly, pedestrians are often the victims of drunk driving accidents and may sustain catastrophic or even fatal injuries. They do not have the protection afforded by an automobile, and are more susceptible to injuries. Further, the impaired driver’s diminished reactions and reasoning ability can increase the risk of a wreck with pedestrians who may be difficult to see in this impaired state.
Evidence that the driver was intoxicated at the time of the crash may help the injured pedestrian, or the representative of a pedestrian killed in the accident, recover compensation in a personal injury lawsuit.
Drunk Driving Accidents and Negligence Per Se
Negligence per se can have a strong impact on certain personal injury lawsuits. Negligence per se holds a person negligent for a violation of a law meant to protect the public. This means that unlike a normal claim of negligence, in which an injured party would have to prove that the defendant was acting negligently, a negligence per se claim only requires that the defendant was in violation of a specific law enacted for public safety.
In the case of a drunk driving accident, negligence per se may be a factor. More specifically, the plaintiff can assert automatically that the defendant was negligent due to his or her intoxication at the time of the crash. Of course, the claimant or plaintiff must counter any allegations that he was negligent and contributed to the wreck, too, which could reduce his damages. If 10 percent at fault, it would reduce his damages by 10 percent.
Recovering Compensation in a Drunk Driving Accident with the Help of an Attorney
Of course, claiming that a driver was negligent per se because of intoxication will not guarantee a win in a personal injury lawsuit. The plaintiff must actually prove that the defendant was intoxicated at the time of the crash, a fact that may not always be readily obvious. A police report, results from blood alcohol concentration tests, eyewitness accounts, and more may serve as evidence.
Pedestrians injured in a car accident should speak to a drunk driving accident attorney at Cordisco & Saile LLC. We can gather the necessary evidence to prove that the driver was intoxicated, and thus recover compensation that you deserve. Don’t hesitate to contact us today at 215-642-2335 to discuss your case with a professional. You can also fill out our online contact form to set up your consultation.