Thursday, June 2, 2016

Do I have any rights as a pedestrian involved in a DUI accident?

When a drunk or drugged 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 vehicular manslaughter. A civil case can also be brought against the drunk driver by the injured pedestrian in order to recover damages.


DUI drivers just do not hit other cars. Even as a pedestrian you may need a Norfolk, VA DUI lawyer.
Can the driver get sued by a pedestrian in the event of a crash?

According to Norfolk, VA DUI lawyers, a pedestrian can file 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 a DUI in a criminal court then that verdict can be used by the pedestrian’s legal counselor 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 can sue the driver for negligent behavior and file a wrongful death lawsuit, say Virginia DUI attorneys.
No one wants to be hit by a DUI driver but allowing them to get away it is even worse. Legal help can be around the virtual corner with this golden website DUI-USAttorneys.com. Click and call!

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.


If there is intent, it could be a criminal charge. In Fast and Furious, Campos (John Ortiz) told his top lieutenant Fenix (Laz Alonso) to run down Gisele (Gal Gadot) in LA. Now this is when they knew Gisele was working for the good side or betrayed them which is pretty much the same thing. Gisele was a pedestrian and this was pretty much attempted murder. Now since Fenix and Campos were killers and murderers, this was no big deal to them. But nonetheless, if someone hits you as a pedestrian, even if it is an accident, you have the right to be paid for your suffering if it was their fault.

A fabulous legal pro will attempt to get the best verdict from the jury by taking advantage of the defendant’s unpopularity due to the DUI charge.

Calculating compensation in a DUI 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 insurer

According to Norfolk, VA DUI lawyers, the monetary compensation is paid by the driver’s insurance. Often 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.

Everyone wishes DUI drivers just drank water instead, then they would not be a menace to society. Contact us if you have any questions, links are above and below. 
Moreover, police officers are considered valuable 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 you are the victim of an accident involving a drunk driver and have received a request for a meeting from the insurance provider then it is sagacious to consult a Virginia DUI lawyer as soon as possible.  

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