No matter what type of vehicle one drives, a drunk driver can put them in danger of serious injuries or death. Yet, while a drunk driving accident between two or more vehicles can be disastrous, there may be another type of drunk driving accident that can increase the risk of physical harm: one involving a pedestrian.
One such car accident occurred recently in Knoxville, leaving a woman seriously injured. Police say the woman was crossing the street in the early morning hours when a car struck her. The vehicle left the scene of the accident, but police found the errant driver a short time later. The driver allegedly smelled of alcohol, had slurred speech, and had a staggered gait. Police arrested the driver and charged him with vehicular assault, DUI, and leaving the scene of an accident.
While criminal charges are certainly needed in this case, the criminal justice system does very little, if anything, to help the victim of the accident. The civil system, on the other hand, may provide relief. A Knoxville accident attorney can analyze a victim's accident to determine whether filing a lawsuit is in her best interest.
When a lawsuit is filed, one of two things can happen. First, an attorney can negotiate with the other side to see if a settlement can be reached. If one cannot be agreed upon, then the attorney can take the case to trial. By drafting aggressive legal arguments, the attorney will fight for the compensation the victim deserves. To succeed, it must be shown the defendant was negligent and that negligence caused the accident and, thus, the victim's injuries. Showing a driver was intoxicated at the time of an accident will likely succeed in proving negligence.
If a case against a drunk driver is won, then the victim may receive compensation to help cover both her economic and noneconomic damages. These awards may help eliminate medical expenses, rehabilitation costs, lost wages, and ease pain and suffering so the victim can move past the accident and get on with her normal life.
Source: WATE ABC 6, "Woman struck by hit-and-run car in Knoxville; suspect arrested," Jim Smith, Oct. 14, 2013