What Happens if You Hit a Pedestrian While Drunk?

Hitting a pedestrian while driving under the influence is one of the most serious traffic offenses you can face in Colorado. Beyond the immediate devastation it can cause to the victim and their loved ones, it also brings severe legal, financial, and personal consequences for the driver. In Colorado, DUI laws are strict, and when alcohol impairment leads to an accident involving a pedestrian, the penalties can include lengthy prison sentences, substantial fines, loss of driving privileges, and a permanent criminal record. This blog explains what happens if you hit a pedestrian while drunk, from the legal process and potential sentences to the financial and personal impact, so you can understand the seriousness of the situation and the steps to take if it happens.

Determining Liability and Fault

When figuring out who is at fault in accidents where a drunk driver hits a pedestrian, you have to look at what both the driver and the pedestrian were doing.

For drivers, it’s important to check if they were drunk, broke any traffic rules, or were not careful.

For pedestrians, you need to see if they were jaywalking, jumped into the road, or were also drunk.

Usually, the person who is most at fault will be held responsible for most of the damage.

But sometimes, blame can be shared between both the driver and the pedestrian.

Proving Driver Liability

To prove a driver is at fault in a drunk driving accident with a pedestrian, we need to gather different kinds of evidence. This includes checking the car’s speed, looking at cell phone records, talking to witnesses, and reviewing any video that shows risky driving.

Police and experts will look at skid marks on the road, damage to the car, and where the car hit to see if the driver broke the rules or put people in danger because they were drunk.

Important evidence also includes the driver’s blood alcohol level, lab tests, and detailed notes from the crash site. This helps show the driver was careless and how much they are to blame.

Evidence of Speeding, Distraction, and Recklessness

Police and investigators collect different types of proof to show a driver’s careless or dangerous actions before hitting someone walking.

Important proof includes videos from cameras, tire marks on the road, people who saw what happened, phone records, car data, and posts on social media.

These help show if the driver was speeding, using their phone while driving, ignoring traffic lights, or driving aggressively.

Demonstrating Pedestrian Right of Way

When people are walking and have the right to cross the street, it is important to show this to prove a driver is at fault in a drunk driving accident.

You can use evidence like where the crosswalks are, traffic lights, what people saw, and any video showing the person was crossing legally.

Signs, road lines, and how the intersection looks can also help prove the person had the right to cross safely.

Highlighting the Dangerous Conditions Posed by the Driver

Driving after drinking alcohol is very dangerous.

Alcohol slows down how fast you react, makes it hard to move well, and messes up your thinking. This makes it tough to handle sudden changes, like if a person suddenly steps into the road.

When drivers are drunk, they can’t see as well to the sides, see clearly, or judge distances correctly. This makes it much more likely they won’t see people walking and can’t avoid hitting them.

Forensic and Accident Reconstruction

Accident experts help figure out who is at fault in a crash with a drunk driver and a person walking. They look at things like tire marks on the road, how the car is damaged, videos from cameras, and how the crash happened.

Forensic specialists check how much alcohol is in the driver’s blood and do other tests to see if the driver was drunk. This information shows how much the driver is to blame for the crash.

Proving Pedestrian Liability

To prove that a pedestrian is at fault in a drunk driving accident, you need evidence showing the pedestrian was careless or impaired. This can include witness accounts, security camera footage, or police reports.

If the pedestrian was not in a crosswalk when hit, this might show they didn’t follow traffic rules. Walking at night without bright or reflective clothing could also show they were careless.

But, if a driver was drunk, they usually hold the main responsibility for the accident.

Evidence of Impairment and Negligence

When figuring out who is at fault in a drunk driving accident with a pedestrian, we look at signs of being drunk and careless actions.

Important clues include how much alcohol is in a person’s blood, how they did on drunk tests, what people saw, any videos, and police reports.

Things at the scene, like tire marks, car damage, and where the crash happened, also show who might be careless.

Documentation of Location Outside Crosswalk

Knowing exactly where a pedestrian was hit outside a crosswalk is important to figure out who is responsible.

Here’s what you need to note down:

• How far it is from the nearest crosswalk or intersection
• Any signs like tire marks, broken car parts, or blood showing where it happened
• Pictures and notes on road lines and traffic signs nearby

Immediate Legal Consequences After the Incident

When a person drinks and drives and hits someone walking, there are serious consequences right away. The police will check if the driver is drunk using tests. If the driver is drunk, they will be arrested on the spot.

• The driver will be taken to jail and charged with driving under the influence (DUI). If the person who was hit is hurt or killed, the driver could face more charges, like causing injury with a vehicle or even manslaughter.
• The police will take the driver’s license right away. The driver won’t be allowed to drive until the courts decide what will happen next.
• The driver has to take a blood test at a hospital to check their alcohol level. If they refuse, they will lose their license automatically and face worse charges.

These steps happen quickly after the accident and start a legal process to figure out what will happen to the driver.

Understanding Vehicular Assault Charges

When drivers hit people while drunk, they usually get charged with vehicular assault. This is a serious crime in most places. The charges can go from minor to major depending on things like how badly someone got hurt and if the driver has been in trouble before.

To prove someone guilty, the law must show that the driver was drunk and hurt someone because they were not careful. If they had a lot to drink or ran away after hitting someone, the charges can be more serious and lead to stricter punishments.

DUI Combined With Pedestrian Injury: Legal Implications

When a drunk driving incident results in a pedestrian injury, the legal consequences become more severe. The punishment depends on how badly the pedestrian is hurt and how much alcohol the driver had consumed.

Key legal outcomes include:

• Criminal charges that can lead to long prison sentences, often 2-15 years, are influenced by state laws and the seriousness of the injury.
• Large financial penalties, which may cover the victim’s medical bills, compensation, and extra fines, possibly totaling hundreds of thousands of dollars.
• Loss of a driver’s license for a long time, sometimes forever, if someone dies.

Courts take these cases very seriously because they involve both drunk driving and harm to an innocent person.

Potential Prison Sentences and Jail Time

In Colorado, hitting a pedestrian while driving under the influence may result in vehicular assault, a serious felony offense under C.R.S. § 18-3-205. When the driver was intoxicated, the charge is classified as a Class 4 felony, even if there were no prior convictions. Penalties may include:

• Prison: 2 to 6 years behind bars
• Parole: A mandatory 3-year parole period following release
• Fines: Up to $500,000

If the incident stemmed from reckless but sober driving, it’s considered a Class 5 felony, with slightly lower sentencing:

• Prison: 1 to 3 years (possibly up to 6 years if aggravating factors apply)
• Fines: Up to $100,000

These offenses are treated seriously, even on a first-time DUI Colorado law prioritizes public safety and holds drivers fully accountable when someone is injured.

Victim Impact on Sentencing

The injuries of people hit by drunk drivers are very important in deciding punishments. Courts look at how hurt the victim is, how it affects their feelings, and the money problems they might have because of it.

• If someone dies, the driver usually gets the toughest punishment. This is especially true if the driver ran away or was very careless.
• If the victim is left with a disability or serious injury, the driver often gets a longer jail time and has to pay for the victim’s medical bills and lost income.
• Even if the injuries are not too bad, what the victim says in court can lead to stricter punishments for the driver.

The victim’s condition and their circumstances can change whether the driver gets the lightest or harshest punishment allowed by law.

Financial Penalties and Monetary Damages

Criminal charges carry steep financial consequences, but victims may also pursue civil compensation.

Criminal Fines

Vehicular assault convictions come with substantial criminal fines:

• Class 4 felony (DUI-related): Up to $500,000
• Class 5 felony (Reckless but sober): Up to $100,000

Restitution & Civil Liability

Beyond state-imposed penalties, defendants may be ordered to pay restitution, compensating victims for:

• Medical expenses
• Lost wages
• Property damage
• Other direct financial losses

Furthermore, injured pedestrians can file civil lawsuits, seeking damages for pain and suffering, emotional distress, and permanent disability. Under Colorado’s modified comparative negligence statute, compensation may still be awarded even if the pedestrian is found partially at fault.

Impact on Your Driving Privileges

If a person is caught driving drunk and hits someone walking, their driving rights face big and quick penalties. The state’s Department of Motor Vehicles usually acts fast, even before any court case starts.

• Their license can be taken away right after the arrest. This happens through special rules, not the court.
• Getting their license back is very hard. They must finish alcohol education classes, pay big fees, and show proof of a special kind of insurance called SR-22.
• They might have long-lasting or forever limits on driving. This can include having to use a device that checks if they have been drinking, only driving during certain times, or losing their license for good if they keep breaking the rules.

How bad and how long these punishments are can depend on things like whether they’ve been caught driving drunk before, how badly the injured party is hurt, and how much alcohol was in their system at the time.

Mandatory Treatment and Education Programs

People found guilty of DUI who hurt someone while walking must go through special programs before they can drive again.

These programs help teach about alcohol and drug problems, safe driving, and the real-life effects of drunk driving. The court requires these programs to last for several months.

People must show up regularly, take part seriously, and finish everything in the program. They must learn why driving under the influence is dangerous and prove they want to change their behavior.

They might also have to take regular drug and alcohol tests during this time.

If someone does not finish the program, they will not get their driver’s license back and might face more penalties.

In some places, people have to pay for the programs themselves, which can be very expensive.

Insurance Consequences and Premium Increases

When a driver hits a pedestrian while drunk, insurance companies usually make the driver pay a lot more money. They might cancel the insurance or not let the driver renew it. If the driver can still get insurance, they will have to pay much higher rates.

• Insurance rates can go up by 200-400% for 3 to 5 years.
• The driver is seen as risky and must get special SR-22 insurance for at least 3 years.
• Regular insurance companies might refuse to cover the driver, so they have to find more expensive insurance options meant for risky drivers.

While paying these high insurance costs, drivers also have to deal with lawyer fees, fines, and paying the person they hurt.

Some drivers might find it hard to pay for any car insurance at all, which can lead to even more legal problems.

Long-Term Employment Impact

Hitting someone with your car while drunk can ruin job chances for many years. This crime stays on your record, and companies check this when hiring. Jobs in healthcare, schools, driving, and government often won’t hire people with this crime.

You might lose any special job licenses, which means you have to find a new job or take a big step back in your career. Truck drivers have it even worse because they might not be able to drive trucks again.

Even if a job doesn’t have strict rules, bosses may worry about your decision-making and see you as a risk. This could mean you can’t get higher positions, jobs with cars, or ones that require travel.

Also, working in other countries might be hard because you may not be allowed to travel.

Criminal Record Effects on Future Opportunities

A DUI vehicular assault conviction can cause problems that last a long time. It affects many parts of a person’s life and future chances.

• Finding a place to live can be hard. Landlords often check backgrounds and may not rent to someone with this record. This can make it tough to find a good home.
• Going to college can also be tough. Many schools look at criminal records, especially for crimes like DUI.
• Traveling to other countries gets harder. Many places won’t let people with DUI records enter, which can affect trips for fun or work.

People with this kind of record often have to explain their past during background checks. This makes things like getting a job or renting a house more challenging.

Steps to Take Immediately After the Accident

If you hit a pedestrian while under the influence in Colorado, the situation is extremely serious, both legally and morally. The very first priority is to ensure the injured person receives medical attention. Call 911 immediately to report the accident and request emergency responders. Even if the injuries seem minor, failing to seek help can lead to more severe legal consequences.

Next, remain at the scene. Colorado law requires drivers involved in an accident, especially those causing injury, to stay and cooperate with law enforcement. Leaving can result in hit-and-run charges in addition to DUI-related offenses. When officers arrive, provide accurate information, but avoid making self-incriminating statements before speaking with an attorney.

If possible, gather evidence such as photos of the scene, witness contact information, and any relevant details about traffic or road conditions. This information may be important for your defense later. Finally, contact a DUI defense lawyer as soon as possible, as hitting a pedestrian while drunk in Colorado can carry severe penalties, including prison time, heavy fines, and long-term license suspension. Prompt legal guidance can help you navigate the complex legal process ahead.

Rights of the Injured Pedestrian

Pedestrians hurt by drunk drivers have important legal rights. They can seek justice and compensation even while the drunk driver’s criminal case is ongoing.

Here are the rights of an injured pedestrian:

• They can sue for money to cover medical bills, lost pay, pain, suffering, and long-term or severe injuries.
• They can share their story in court to help with the criminal case against the drunk driver.
• They can also go after places, like bars, that gave the driver too much alcohol.

These rights last for a certain number of years by law. Talking to a personal injury lawyer can help make sure these rights are used properly.

Building a Legal Defense Strategy

If someone is accused of drunk driving in a pedestrian accident, they need to plan their defense right away.

First, they should stay quiet and call a lawyer before talking to the police or insurance people.

Your DUI attorney might look for mistakes in the tests used to check if someone is drunk, like whether the police followed the right steps when they arrested the person.

The lawyer might also check if the pedestrian did anything wrong, like crossing the street without looking.

Things like the weather, how clear the road was, what witnesses saw, and any camera footage can be very important.

A good lawyer could also try to make a deal or find a different punishment, especially if it’s the person’s first time in trouble and they have been good before.

This approach involves checking facts and following the law carefully to find the best outcome for the person accused.

Role of Blood Alcohol Content in Your Case

Blood alcohol content (BAC) is an important part of drunk driving cases, especially when someone is hit by a car. Police use breath, blood, or urine tests to find out how much alcohol is in a person’s system. This can change how serious the charges are and what penalties a person might face.

• If someone’s BAC is 0.08% or higher, they are legally drunk in most places. This can mean more serious charges if a pedestrian is hurt.
• When the test is done matters. The results usually need to be taken within 2-3 hours after the event to count.
• If a person refuses to take a BAC test, they might lose their driver’s license automatically. This refusal can also be used as a sign that they knew they were guilty.

The BAC level affects both criminal cases and lawsuits for damages. Courts use this scientific proof along with other evidence, like how the person acted during field tests and what officers saw, to decide what happens to the person on trial.

Negotiating With Prosecutors

Handling negotiations with prosecutors in a case where someone was hit by a drunk driver needs a good plan and a smart lawyer.

Prosecutors look at many things and circumstances when deciding on a plea deal. They care about how much alcohol was in the driver’s blood, how badly the pedestrian was hurt, and if the driver has been in trouble before.

Lawyers for the defense might try to get lesser charges by showing things that make the situation less bad. For example, they might say the driver worked well with the police, is truly sorry, or is ready to go to alcohol rehab classes.

Prosecutors also think about how strong their evidence is and if they can win in court.

Important things to talk about include how long the driver might go to jail, rules while on probation, any fines, how long they can’t drive, and if they need to take alcohol education classes.

What the injured person feels about the case can also change how willing the prosecutor is to make a deal.

Professional License and Certification Impact

Hitting a person while drunk can ruin a professional’s career. Many jobs require licenses, and these can be taken away if you are found guilty of a crime, especially one involving alcohol and safety.

• Doctors, nurses, and pharmacists can lose their licenses if they hurt someone while driving drunk.
• Truck drivers and bus drivers can lose their licenses right away, making it hard to find work in their field.
• Lawyers, teachers, and bankers must tell their boards about such incidents, which might lead to punishment.

These actions can stop careers that took years to build and make it hard to find jobs in the future.