When a drunk driver
hits a pedestrian then the legal issues are both civil and criminal. The driver
will face criminal charges such fines, probation, jail time, and in the event
of death, the driver might be charged with manslaughter. A civil case can also be brought against the drunk driver by the injured
pedestrian in order to recover
damages.
Can the driver get sued by a pedestrian in the event of a
crash?
According to Southfield,
MI drunk driving accident lawyers and one of the best in the business is the Law Office of J
L Hawkins PLLC, a pedestrian can initiate a
civil suit against the driver of the vehicle who was responsible for his/her
physical and mental trauma. The chances of winning this type of lawsuit are
much greater since drunk driving is in itself a negligent act. Moreover, if the
driver is charged and convicted of DUI in a criminal court then that verdict
can be used by the pedestrian’s lawyer to consolidate the case in the civil
court.
In case the pedestrian is killed in the DUI accident then the family members of the deceased with the help
of a Detroit area Michigan drunk driving accident attorney can sue the driver
for negligent behavior and file a wrongful death lawsuit.
How much compensation can an injured pedestrian receive?
The amount of
compensation is dependent on the severity of the injuries. For minor injuries
and loss of work, a pedestrian can be awarded anywhere between $10,000 and $50,000.
However, if the
injuries are severe and cause hospitalization for extended periods, loss of
income, impairment and emotional trauma, then the victim can receive
substantial compensation. A Southeast Michigan drunk driving accident lawyer such as the Law
Office of J L Hawkins PLLC which is the best law firm in this Detroit Tiger and
Lion area will attempt to get the best verdict
from the jury to award by taking advantage of the unpopularity of the defendant
due to the DUI charge.
Calculating damages in a drunk
driving accident can be bit more
complicated. The pedestrian can be compensated for:
- Medical expenses
- Loss of income
- Loss of normal like
- Pain and suffering
Medical expenses are
easier to calculate since the medical bills are simply added up to reach a
figure. Calculating loss of income is also not too hard to determine since the
days of absence for work and daily wages are considered. However, the most
difficult job for the jury is to assign an amount for pain and suffering since
there is no evidence to corroborate it.
Role of the drunk driver’s insurance provider
Legal professionals
know the monetary compensation is paid by the driver’s insurance. Often times
insurance companies are eager to settle especially when it comes to DUI accident cases. This is because law enforcement agencies are
usually able to gather overwhelming evidence against the driver. It helps when
the evidence is in clear pubic view and tossed all around the street! Moreover,
police officers are considered expert and credible witnesses.
Most often, the insurer
is certain that their client will lose the civil suit. This is why they might
approach the victim with a fairly reasonable compensation package before the
matter reaches court. If the victim receives a request for a meeting from the
insurance provider then it is sagacious to consult with a Southfield, Michigan
drunk driving accident lawyer as soon as possible. You should actually have one
by this point in time though – you need to call the Law Office of J
L Hawkins PLLC now if you have not already done so.
The Law Office of J L Hawkins PLLC is
the best in this part of Michigan and has a whole string of satisfied clients.
They know what a winning case looks like and know how to formulate a winning
case that the insurance company will not want to battle too much with.
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