Pedestrian Killed on Lem Turner Road in Jacksonville, Florida
Franklin Fox was walking on Lem Turner Road in Jacksonville, Florida when he was struck by a vehicle and killed, according to an article on Firstcoastnews.com. The article indicates that the police sought alcohol tests for the driver of the vehicle and Mr. Fox.
It is unclear from the article how this fatal accident occurred or whether any of the parties involved were intoxicated, but it raises an issue about how alcohol affects a personal injury or wrongful death lawsuit. When the party that causes the crash and resulting injuries or death is under the influence of alcohol or drugs at the time, that is a very important fact in the resulting lawsuit. It enables the injured party, or the family of the deceased, to seek punitive damages against the impaired driver. It will significantly raise the amount of damages one can recover in the personal injury or wrongful death case.
Alternatively, when the victim is intoxicated, the driver can argue that the victim was partially, or completely, at fault for the injuries he suffered or the death resulting from the crash. If the victim was completely at fault for the crash, he/she would not be able to recover any damages. If the victim was partially at fault for the crash, then the victim's damages would be reduced by the percentage of fault, or negligence, that can be attributed to the victim based on his intoxication. However, a victim who is found to be partially negligent can still file a lawsuit against someone who caused him/her damages who was also negligent.
When the driver who caused the crash was intoxicated as well as the victim, the two sides will negotiate the case to try and determine the percentage of fault attributable to each side. If they are unable to resolve that issue, a jury would decide how much each party contributed to the crash. If the jury decides that the victim was partially at fault, his/her damages would be reduced accordingly. But, the fact that the victim was intoxicated does not mean he/she cannot sue the other driver and recover damages for his injuries or the death. Additionally, the victim can use the fact that the driver was intoxicated to increase the damages that he/she can recover.
