Legal Options After a Drunk Driver Hits a Pedestrian in NYC
Did you know that slightly more than one-third of fatal traffic crashes in New York involve alcohol in an average year?
Drunk driving is a serious problem in New York City, not only because of automobile collisions, but also because of the sheer number of pedestrians on NYC streets at any given time. If a drunk driver hits a pedestrian, the injuries are often severe and life-changing. Understanding your legal rights after this type of accident can help you determine whether speaking with a pedestrian accident attorney is necessary.
How Drunk Driver and Pedestrian Accidents Happen
When a person drives under the influence of alcohol, their reaction time slows, and judgment is impaired, making it difficult to respond to unpredictable pedestrian activity. Under New York law, a driver may be considered legally impaired with a blood alcohol concentration above 0.05%, and legally intoxicated at 0.08% or higher.
Drunk drivers often strike pedestrians while they are crossing the street, whether inside a crosswalk or outside of one. In other cases, impaired drivers lose control and drive onto sidewalks, hitting pedestrians standing at street corners, waiting outside buildings, or walking along the curb. These accidents frequently occur at night and on weekends, when impaired driving is more common.
Common Injuries in Drunk Driving Pedestrian Accidents
Pedestrian injuries are often severe when a person on foot comes into contact with a motor vehicle. Broken bones are common, along with excessive bruising, internal injuries, and head trauma.
Traumatic brain injuries can have long-lasting consequences, including memory loss, cognitive impairment, and emotional changes. Victims suffering from concussions or more serious head injuries may need assistance from a traumatic brain injury lawyer who understands the long-term impact of these conditions.
Pedestrians are also frequently left with serious fractures to the arms, legs, hips, or ribs. In these cases, working with a bone fracture lawyer can help ensure the full scope of orthopedic injuries is considered when pursuing compensation.
Tragically, many pedestrians do not survive these accidents. In a recent year, more than 7,000 alcohol-related crashes in New York resulted in approximately 335 deaths statewide, highlighting the deadly consequences of impaired driving.
A Pedestrian’s Legal Rights After an Accident
A pedestrian who has been hit by a drunk driver has the legal right to file a lawsuit against the negligent driver. Driving while intoxicated is considered negligence under New York law, meaning the injured pedestrian may pursue compensation for damages.
If the collision results in death, a representative of the pedestrian’s estate may file a wrongful death lawsuit on behalf of surviving family members. An experienced drunk driving accident attorney in NYC can help investigate the accident, gather evidence of intoxication, and build a strong claim.
New York’s Implied Consent Law also applies in these cases. Drivers are deemed to have consented to chemical testing of their blood, breath, urine, or saliva, and refusal results in automatic license suspension.
What Compensation May Be Available After a Drunk Driving Accident
Because injuries in drunk driving pedestrian accidents are often extensive, victims may be entitled to substantial compensation. This can include medical expenses, lost wages, pain and suffering, and long-term care needs.
While medical bills may be straightforward to calculate, non-economic damage such as emotional trauma, loss of quality of life, and future limitations is more complex. This is why working with an experienced pedestrian accident attorney is so important.
The Role of Auto Insurance
Another important factor in drunk driving pedestrian cases is the insurance coverage available. In many cases, compensation comes from the driver’s auto insurance policy rather than directly from the driver.
If coverage is limited or nonexistent, recovering full compensation can be challenging. In these situations, guidance from an auto accident lawyer can help identify all available sources of recovery and maximize compensation.
Get Help After a Drunk Driver Pedestrian Accident in NYC
If you or someone you love has been injured after a drunk driver hit a pedestrian, the Law Office of Jeffrey K. Kestenbaum can help. We understand the physical, emotional, and financial toll these accidents take and are committed to guiding you through every step of the legal process.
Call us 24/7 at 718-237-5586 or contact us online to have our Brooklyn legal team review your case and explain your legal options.
