A car hit me when I was drunk, how does this affect my accident claim? If you were intoxicated during a pedestrian accident that resulted in injuries, you may still remain eligible for compensation. Walking while under the influence of alcohol can increase a person's risk of an accident. If you were intoxicated or walking in an impaired condition when you were hit by a motorist, your intoxicated state doesn't immediately nullify your chances of a claim. It will make it more complicated, however.
The other motorist’s liability will depend on the cause of the accident. For instance, if the accident occurred in a crosswalk in Redmond, like at 140th Avenue Northeast and Northeast 74th Street, and the motorist failed to stop for you, then s/he is liable in your accident. In such a case, the motorist is clearly negligent by failure to comply with pedestrian safety law.
The Revised Code of Washington (46.61.235) states that “the operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk when the pedestrian or bicycle is upon or within one lane of the half of the roadway upon which the vehicle is traveling…”
Comparative Negligence and You
However, even if a court finds that the motorist was negligent in causing your accident and therefore liable, it could still find that you were partly responsible. In such a case, the court may use the doctrine of comparative negligence to apportion blame for the accident. If, for instance, the court finds that you were 20 percent responsible for your own injuries because you were jaywalking in Washington, then it might lower the compensation by 20 percent.
However, if you were drunk walking and a speeding car jumped the sidewalk and hit you, then a court may not find you negligent because your alcohol-impaired state had nothing to do with your injuries. If, for instance, the accident occurred because the motorist was driving at excessive speeds, and could not stop in time to avoid hitting you, you may hold the motorist liable even if you were alcohol-impaired at the time.
When pedestrians are partly at fault for their injuries, it doesn't automatically eliminate their chances for a claim. To determine how much compensation you could recover if you were partly at fault in the accident, speak to a pedestrian accident lawyer in Redmond. Call 888-230-4970 to speak with attorney Max Meyers. You can also schedule a consultation by filling out the online contact form.