Monday, February 1, 2016

What are a pedestrian’s rights in a drunk driving accident?

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.

You should be safe walking across the street but sometimes a selfish person comes along and ruins you day and could ruin your month and so on. This type of irresponsibility you would think would be squashed away by now but in an age when a Secretary of State cannot even sort her emails out right, anything can happen. Driving super drunk is bad but when you hit a pedestrian who was in the right you just made a horrendous decision. This is where a Southfield, MI drunk driving accident lawyer comes into the picture and there is no one better than Law Office of J L Hawkins PLLC (http://www.jlhawkinslaw). com/. You pay them nothing up front. They are paid when you are paid. They know how to build a solid case for you. Give them a call now! 
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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