Few accidents are as devastating as those involving a pedestrian struck by an intoxicated driver. Without the protection of a vehicle’s frame – let alone seatbelts or airbags – pedestrians absorb the full force of a collision. The injuries are often catastrophic, and the emotional toll can be just as overwhelming. If a drunk driver injured you while you were on foot, you deserve answers, accountability, and fair compensation.
At Chatham Gilder Howell Pittman, our attorneys have decades of trial experience representing injured people across North Mississippi. We will fight to hold every responsible party accountable and pursue the full compensation you need to move forward with your life. Contact us today for a free consultation.
Why Pedestrian Injuries from Drunk Drivers Are So Severe
A person walking down a sidewalk or crossing a street has no barrier between their body and a moving vehicle. When the driver behind the wheel is drunk, the danger increases dramatically. Alcohol slows reaction time and clouds judgment. An intoxicated driver may not even attempt to brake, meaning the pedestrian takes the hit at full speed.
The result is often life-altering injuries, including:
- Traumatic brain injuries from striking the vehicle or the pavement
- Spinal cord injuries that can lead to partial or complete paralysis
- Multiple broken bones
- Severe internal bleeding and organ damage
- Deep lacerations, road rash, and disfiguring scars
Many pedestrian accident survivors face months or even years of surgeries, rehabilitation, and therapy. Some will never fully recover. The financial burden of ongoing medical care, combined with lost income, can push families to the breaking point. Pursuing a legal claim can help ease that burden and provide the resources you need to focus on healing.
Can You Hold a Bar or Restaurant Responsible?
In many drunk driving cases, the intoxicated driver is not the only party who bears responsibility. Mississippi law includes a “dram shop” rule, which can hold bars, restaurants, and other alcohol vendors accountable under certain circumstances. While Mississippi’s dram shop law is more limited than in some other states, there are important exceptions that may apply to your case.
Under Mississippi law, a business that serves alcohol can be legally liable if:
- The Establishment Served Alcohol to a Minor – Selling or providing alcohol to someone under the legal drinking age is a serious violation, and the business can face civil liability if that minor causes an accident.
- The Establishment Served a Visibly Intoxicated Person – If a bartender or server continued to pour drinks for someone who was clearly drunk and that person later caused a pedestrian accident, the business may share legal responsibility.
Dram shop claims matter because they open up an additional source of compensation beyond the driver’s personal insurance policy. A drunk driver may carry only the state minimum in auto insurance, which is rarely enough to cover a catastrophic pedestrian injury. When a bar or restaurant shares liability, the establishment’s commercial insurance may help cover the full extent of your losses. Our attorneys will investigate every angle of your case to identify all potentially liable parties.
How Criminal DUI Charges Relate to Your Civil Claim
After a drunk driving accident, the driver will likely face criminal charges such as DUI or, if the injuries are severe, an aggravated DUI. Many people assume the criminal case will take care of everything, but that is not true. Criminal proceedings and civil injury claims are two separate legal processes with different purposes.
The criminal case focuses on punishing the driver. If convicted, the penalties may include jail time, fines, license suspension, and an ignition interlock requirement. However, a criminal conviction does not put money in your pocket or pay your medical bills. That is where a civil claim comes in.
A civil claim allows you to seek compensation directly from the at-fault driver and any other responsible parties. The two cases can work in your favor. Evidence from the criminal case – such as blood alcohol test results, police reports, and witness testimony – can serve as powerful evidence in your civil claim. A DUI conviction can make it much easier to prove that the driver acted recklessly and should be held financially responsible.
You do not need to wait for the criminal case to end before filing your civil claim. Acting quickly allows your attorney to begin gathering evidence and building the strongest possible case. Mississippi gives you three years from the date of the accident to file a personal injury lawsuit, but the sooner you begin, the better.
Enhanced Compensation in Drunk Driving Pedestrian Cases
Drunk driving pedestrian accidents often involve more severe injuries and higher financial losses than other types of collisions. Because the driver chose to get behind the wheel while intoxicated, Mississippi law may allow you to pursue enhanced compensation beyond what is available in a standard personal injury claim.
In addition to compensation for medical expenses, lost income, pain and suffering, and emotional distress, you may be eligible for punitive damages. Unlike standard compensation, which aims to reimburse you for your losses, punitive damages exist to punish the at-fault party for especially reckless behavior and to discourage others from acting the same way. Driving drunk is precisely the type of conduct that Mississippi courts have recognized as warranting punitive awards.
Punitive damages can substantially increase the total value of your claim. Our trial attorneys will build a compelling case that demonstrates the driver’s recklessness, and we will fight for every dollar you deserve.
Contact Our North Mississippi Drunk Driving Pedestrian Accident Attorneys
At Chatham Gilder Howell Pittman, we believe that people who choose to drink and drive should face real consequences for the harm they cause. Our attorneys have decades of courtroom experience and a deep commitment to justice for every client.
Call our offices in Southaven and Hernando or send us a message to schedule a free initial consultation.
