Pedestrian Accidents: What Happens When Alcohol and Pedestrians Mix

It’s a lovely Friday evening and you decide you want to blow off some steam after a stressful week at work. Not wanting to drive home drunk later on, you decide to walk to the neighborhood bar.

A few hours later, you emerge from the bar with a nice buzz. You begin the trek home, stumbling into the street at exactly the wrong time. The driver slams on the brakes but it’s too late.

• Ok, now what do you do?

Pedestrian Accidents and Alcohol

This scenario may sound all too common to many areas throughout New Jersey. According to the National Highway Traffic Safety Administration, there were 5,977 pedestrian deaths in the United States in 2017. In New Jersey, of the 624 traffic fatalities in 2017, 183 involved a pedestrian.

Although there are many factors of pedestrian deaths, alcohol is by far the number one cause. In 2017, alcohol was involved in 47 percent of the traffic accidents between a pedestrian and a vehicle. It isn’t just the driver who was drinking — in fact, in many of the fatal accidents, the pedestrian had a BAC of .08 or higher.

Who is Responsible for the Pedestrian Accident?

In a drunk driving accident, the responsible party usually falls to the intoxicated driver. So does that mean an intoxicated pedestrian could be held responsible for this accident?

• It’s a tricky question. According to the comparative negligence law, the pedestrian could be found partially at fault for the accident — meaning the pedestrian will be awarded fewer damages than if he/she was not found at fault.

In any case, the driver’s car insurance or your own should take care of your medical bills and other damages and expenses. Even if you weren’t driving, your car insurance policy may apply to your damages depending on the type of coverage you have. In New Jersey, you can choose between no-fault car insurance or a normal fault-based policy.

Contact the Law Offices of Anthony Carbone Now

If you are involved in a scenario similar to the one above, it’s best to speak with a personal injury lawyer right away to see what your rights are and what your next steps should be.

• If you sustained injuries or lost a loved one because of a pedestrian accident, contact the Law Offices of Anthony Carbone. We are committed to fighting for the compensation and damages you deserve.

CALL NOW 201-829-3805