Alcohol and Pedestrian Auto Accidents

You realize you have had far too many drinks at the party to drive home. Your host has confiscated your keys, so you decided to walk home. Maybe the crisp, night air will sober you up a bit? Hold on there a minute. Walking after having had too much to drink might be equally as dangerous as driving drunk according to National Highway Traffic Safety Administration research. There were 4,735 pedestrians killed in 2013 and approximately 66,000 injured in traffic crashes in the U.S. This represents a two percent decrease from the 4,818 pedestrian fatalities in traffic crashes in 2012.

Alcohol involvement in pedestrian accidents

Alcohol involvement, for both the driver and/or the pedestrian, was reported in 49 percent of fatal traffic accidents in 2013. An estimated 34 percent of fatal pedestrian crashes each had a pedestrian with a BAC of .08 grams per deciliter or higher. About 15 percent of fatal pedestrian accidents had drivers with BAC of .08 or higher. In 2013, Delaware had the highest state pedestrian fatality rate per 100,000 population (2.70), followed by Florida (2.56).

The Department of Transportation’s safety data mentioned above shows that pedestrians who walk while drunk are far more of a danger to themselves than the drivers on the road. So, while it might be relatively safer to walk after having had too much to drink than it would be to get into the car and drive, the best plan is to get a safe ride home in a cab or on public transportation.

Can a pedestrian be at fault in an accident?

If a drunk pedestrian caused the accident, he or she will most likely not be able to recover damages for any injuries. If the pedestrian caused any damage to the vehicle, the driver might actually be able to take legal action against the pedestrian.

Even in situations where the pedestrian was drunk and clearly bears the majority of the blame for the accident, the driver of the vehicle most likely also bears some of the blame for the accident because they did not stop in time enough to avoid hitting them.

The Centers for Disease Control & Prevention recommends that pedestrians carry a flashlight when they walk at night to increase their visibility to drivers, they should only cross at designated crosswalks, and walk on sidewalks when there is a sidewalk available.

If you have been injured in an auto accident that was caused by another person’s negligence, you may contact the diligent Delaware personal injury attorneys at Silverman, McDonald & Friedman for a free consultation to discuss your case. We have offices in Newark, Seaford, or Wilmington.