Can I sue the drunk driver if I was riding a bicycle or walking?

If you were walking or riding a bicycle and were hit by a drunk driver, you may be wondering if you can sue the driver for damages. The answer is yes – you can sue the drunk driver for any injuries or damages you suffer as a result of the drunk driver.

Here’s what you need to know about suing a drunk driver:

  1. Liability: The drunk driver is responsible for any damages they caused while driving under the influence. This includes personal injury and property damage. In some cases, the driver may also face criminal charges for driving under the influence.
  2. Negligence: To sue the drunk driver, you will need to prove that they were negligent in causing the accident. This means demonstrating that the driver failed to exercise reasonable care while driving, which resulted in your injuries.
  3. Comparative negligence: If you were walking or riding a bicycle when you were hit by the drunk driver, you may be concerned about being partially at fault for the collision. However, even if you were partially at fault, you may still be able to recover damages. Florida follows a comparative negligence system, which means that damages are apportioned based on each party’s percentage of fault. In 2023, the Florida legislature brought changes to this law. Be sure to speak with an attorney who is knowledgeable about how these changes could impact a comparative negligence claim. 
  4. Insurance coverage: If the drunk driver has insurance, you may be able to file a claim against their insurance company. If the driver is uninsured or underinsured, you may be able to sue them directly for damages. Additionally, if you have Uninsured/Underinsured (UM) on your policy, you may be able to make a recovery against your own auto insurance.

It’s important to note that bicycle and pedestrian accidents can be complex, and it’s essential that you seek legal help from an experienced personal injury attorney. The Ruth Law Team has years of experience in handling personal injury cases and can provide you with the legal support and guidance you need. Contact us today at (888) 783-8378 to schedule a free consultation.

You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers for each question may vary depending on the specific facts of your case, and it is always best to consult with an attorney to get more accurate information. Also, this is general information and not legal advice.