Attorney Q&A: If A Pedestrian Is Injured While Dodging A Reckless Driver, Who Is Liable?

Q:  I was walking down the street the other day, on the sidewalk, and a drunk driver drove up over the curb, and I jumped out of their way, but fell down and cracked my knee pretty hard.  It’s still really painful.  The drunk wound up hitting a bench, stopping him dead in his tracks.  The police came out.

I own a car, but obviously I was on foot.  The drunk has a pretty good insurance company. Can the drunk driver be held liable even though his car did not technically hit me?

pedestrian lawsuit

A:  Absolutely.  First, even as a pedestrian, you draw $10,000 in medical expense and lost wage benefits no matter who was at fault.  With knee issues, I can get you set with a board certified orthopedist, and it’s important to treat within fourteen days or you lose those benefits.  Moreover, you probably have a cause of action (case) against the drunk driver’s insurance carrier for pain and suffering. If you had not dodged the on coming car you may have been more severely hurt or even killed. You could qualify for a solid pedestrian personal injury lawsuit. Our consultations are free and we’re more than happy to meet with you after hours, including weekends.  407-924-4566; we look forward to hearing from you!

Attorney Q&A

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