Driver at night with dashboard lights glowing and blurred city lights ahead

Pedestrian Accidents Involving Intoxicated Drivers

Being hit by a car can change your life forever. When the driver is drunk or high, the way you feel about the injuries you suffered in the crash can be even worse. Pedestrians have no protection against a speeding vehicle, so injuries are often severe. Some people never fully recover. Some lose their lives. 

If you or someone you love has been hit by an intoxicated driver in Southaven, Hernando, or anywhere in North Mississippi, you should know your rights and what steps you can take to pursue the compensation you deserve.

Why Intoxicated Driving Is So Dangerous

Driving under the influence of alcohol or drugs slows a person’s thinking and reactions. A drunk driver might not see a crosswalk, a stop sign, or even a person walking right in front of them. They may swerve onto sidewalks or run red lights. For pedestrians, this means they could be in danger even when they are crossing safely or walking on the sidewalk beside the road.

Mississippi law is clear. Driving under the influence is illegal. If a driver is found to be impaired at the time of a crash, they can face criminal charges. However, criminal charges alone do not make up for the financial burdens or physical pain a victim suffers. That is why many people who were injured in drunk driving accidents file civil claims as well.

What Is Dram Shop Liability?

In Mississippi, there are dram shop laws. Under these laws, bars, restaurants, or other places that serve alcohol can sometimes be held responsible when they serve a visibly drunk person who then goes out and causes a crash that harms others. For example, if a bartender keeps pouring drinks for someone who is clearly wasted and that person hits a pedestrian, the bar could be partly at fault.

Dram shop cases can be complicated, but they can help victims and families get more of the money they need after a devastating accident. 

Punitive Damages for Intoxicated Drivers

When a driver’s behavior is especially reckless, Mississippi law allows victims to seek punitive damages. Punitive damages are only available in cases that go to trial. Unlike regular damages, which cover medical bills, lost wages, and pain and suffering, punitive damages are not intended to be compensation. Instead, they are a penalty for the at-fault party. They are not guaranteed in every case, but they may be available when a driver’s choices were clearly dangerous and could have been avoided.

When a Pedestrian Accident Turns Fatal

Given the severity of injuries that pedestrians often suffer in accidents, sometimes, those victims die. When this happens, Mississippi families can file a wrongful death claim. This type of claim allows certain family members to seek money for funeral costs, lost income, and the loss of love and support that the deceased would have given.

Although no amount of money can ever replace someone you love, holding the driver accountable can help bring some sense of justice and help a family avoid financial hardship at the worst possible time.

You Do Not Have to Handle This Alone

Being hit by an intoxicated driver can change your life in an instant, particularly if you were a pedestrian at the time. Medical bills, therapy, and lost work add up fast. The emotional pain can be just as heavy. You deserve to know your options and to have someone stand up for your rights.

If you or a loved one is dealing with painful injuries after an intoxicated driver has hit you or someone you care about, our compassionate legal team at Chatham Gilder Howell Pittman PLLC is here to help. We stand up for victims and families throughout Southaven, Hernando, and North Mississippi. Contact our Mississippi pedestrian accident attorney today for a complimentary consultation and discover how we can assist you in moving forward.

About the Author
Jefferson D. Gilder is a Partner at Chatham Gilder Howell Pittman and was admitted to the Mississippi and Tennessee Bars in 1990. Mr. Gilder is admitted to practice in all courts in Mississippi and Tennessee including Federal Court, the Fifth and Sixth Circuit Courts of Appeal, and the United States Supreme Court. Mr. Gilder's areas of practice include personal injury, criminal, medical malpractice, civil rights, and product liability. Mr. Gilder spent his first ten years as an attorney practicing with his father, Robert G. Gilder, at Gilder Law Firm in Southaven, Mississippi before forming Gilder, Howell & Assoc., P.A. with Jamie W. Howell, Jr. in June of 2000. This firm although as another legal entity has now combined their resources and experience with Chatham – Pittman, to form Chatham Gilder Howell Pittman. If you have any questions about this article, you can reach Jefferson through our contact page.