Drunk drivers cause pedestrian accidents with devastating frequency. Impaired motorists cannot perceive, react to, or avoid pedestrians they should see. When intoxicated drivers strike pedestrians, claims for maximum compensation - including punitive damages - are available.
Drunk Driver Liability
Drunk drivers are automatically negligent. Driving with BAC above legal limits (.08% in most states) establishes negligence per se.
Impairment reduces reaction time, judgment, and perception - exactly the faculties needed to see and avoid pedestrians.
Criminal DUI convictions provide powerful evidence in civil cases, though civil claims can proceed regardless of criminal outcomes.
Evidence of Intoxication
Police observations - odor of alcohol, slurred speech, failed field sobriety tests - document impairment.
BAC test results from breathalyzer or blood tests provide objective impairment evidence.
Witness observations of the driver drinking before the accident, or behaving erratically, support intoxication claims.
Enhanced Damages
Punitive damages are routinely available against drunk drivers. Driving intoxicated demonstrates conscious disregard for others' safety.
Punitive awards can be substantial multiples of compensatory damages, significantly increasing total recovery.
Courts recognize that punitive damages punish wrongdoers and deter others from similar conduct.
Dram Shop Liability
Bars and restaurants that served alcohol to visibly intoxicated persons who then cause accidents may face dram shop liability.
Establishing dram shop claims requires proving the driver was visibly intoxicated when served and that continued service contributed to impairment.
Dram shop claims provide additional insurance coverage beyond driver limits, often substantially more.
Social Host Liability
Some states impose social host liability on individuals who serve alcohol at private gatherings to guests who then cause accidents.
Social host laws vary significantly by state. Some apply only to serving minors; others extend to any visibly intoxicated person.
Employer liability may apply when company events serve alcohol to employees who then cause accidents.
Multiple Recovery Sources
Driver liability insurance provides primary coverage but may have inadequate limits for serious pedestrian injuries.
Dram shop insurance from bars and restaurants often has higher limits than personal auto policies.
Employer insurance when drunk driving occurs during employment or after work-sponsored drinking.
Your own UM/UIM coverage supplements inadequate at-fault driver coverage.
Criminal Restitution
Criminal courts may order restitution to victims as part of DUI sentencing.
Restitution typically covers economic losses like medical bills and lost wages, not pain and suffering.
Civil claims pursue full compensation beyond what criminal restitution provides.
Proving Drunk Driver Cases
Police reports documenting impairment observations and test results establish intoxication.
Criminal case records including conviction, plea, or court findings provide evidence for civil cases.
Bar and restaurant records - receipts, surveillance footage, server testimony - support dram shop claims.
Wrongful Death from Drunk Driving
When drunk drivers kill pedestrians, families pursue wrongful death claims for funeral expenses, lost support, and loss of companionship.
Punitive damages remain available in wrongful death cases against drunk drivers.
Dram shop claims provide additional recovery sources for grieving families.
Don't Accept Quick Settlements
Drunk driving cases often justify premium compensation. Don't accept early offers that fail to include punitive damages potential.
Full investigation of dram shop liability and all coverage sources takes time but maximizes recovery.
Consult an attorney experienced in drunk driver pedestrian cases who can pursue all responsible parties for maximum compensation.