Santa Monica Drunk Driving Pedestrian Accident Lawyer

Were you injured in a drunk driving pedestrian accident in Santa Monica?

At Cohen Injury Law Group, we help injured pedestrians in Santa Monica pursue full recovery after crashes caused by impaired drivers.

If an impaired driver struck you while you were walking in Santa Monica, you may have a claim for your medical care, lost income, and the pain your injuries cause. Our Santa Monica, CA drunk driving pedestrian accident lawyer can pursue compensation from the driver’s insurer, identify additional coverage available to you, and seek punitive damages when the evidence supports them.

Cohen Injury Law Group represents pedestrians and the families of pedestrians killed by drunk drivers. Contact us to schedule a free consultation.

Drunk Driving Pedestrian Accident Lawyer Santa Monica, CA

A drunk driving pedestrian accident is a pedestrian accident in which a driver under the influence of alcohol strikes a person on foot. With no vehicle around them, pedestrians often suffer injuries such as fractures, head trauma, and spinal damage. A Santa Monica drunk driving pedestrian accident attorney handles the civil claim for those injuries, which proceeds separately from the criminal case against the driver.

Santa Monica recorded 62 pedestrians killed or injured in 2023, which ranked the city 3rd of 103 comparably sized California cities in the OTS crash rankings. The same data shows 44 people killed or injured in alcohol-involved crashes.

Types of Drunk Driving Pedestrian Accident Cases We Handle in Santa Monica

An impaired driver endangers pedestrians in ways that range from a missed crosswalk to a crash the driver flees. In each case, we examine the driver’s conduct, the location of the crash, and the injuries, because all three affect the value of the claim. We handle these drunk driving pedestrian claims in Santa Monica, CA:

• Crosswalk accidents. Alcohol slows reaction time, and an impaired driver may fail to yield at a marked or unmarked crosswalk. We obtain signal timing, crosswalk markings, and nearby video to show that you had the right-of-way.
• Hit-and-run pedestrian accidents. Some impaired drivers leave the scene to avoid a DUI arrest. When police cannot identify the driver, we look to the uninsured motorist coverage on your own auto policy, which may apply even though you were on foot. We also look for surveillance footage and witness reports that can help police locate the driver later.
• Intersection crashes. An impaired driver may run a red light or turn through a crosswalk without seeing the person in it. Intersection cameras and witness accounts can establish the signal phase at the moment of impact.
• Brain injuries. A pedestrian thrown onto the hood or the pavement can suffer a traumatic brain injury, sometimes without losing consciousness. We work with your physicians to document cognitive changes that affect your work and daily life.
• Spinal cord damage. The force of a vehicle striking a person on foot can fracture vertebrae or damage the spinal cord. These injuries often require surgery, rehabilitation, and long-term care, and we account for those future costs in the claim.
• Wrongful death. When a drunk driver kills a pedestrian, the surviving spouse, children, or other eligible family members may bring a wrongful death claim. That claim can recover the financial support and household services the person provided, along with the loss of their love and companionship. We pursue the civil claim while the criminal case against the driver moves forward.

Why Choose Cohen Injury Law Group as My Drunk Driving Pedestrian Accident Lawyer in Santa Monica, CA?

National Recognition for Serious Injury Trial Work

Wayne R. Cohen is one of the most recognized personal injury trial attorneys in the country, and Washingtonian has named him to its Top Lawyers Hall of Fame. He has practiced law since 1991 and has helped his clients recover millions of dollars. Newsweek has featured him in its coverage of crime victims, and a drunk driving crash is both a crime and a basis for a civil claim.

He has taught Trial Skills at The George Washington University Law School as an Associate Professorial Lecturer since 1993 and has also taught at Pepperdine School of Law in nearby Malibu.

A drunk driving case can support damages beyond compensation for your losses. We pursue those damages when the evidence of the driver’s conduct allows it.

Firm Leadership and Fee Structure

Nicholas E. Cohen manages the firm and brings a background in legal technology and business operations to that role. He studied at USC and earned his J.D. from Loyola. Our work as a personal injury lawyer in Santa Monica, CA includes claims against impaired drivers, their insurers, and, where the law allows, the people who supplied the alcohol. We accept drunk driving pedestrian cases on contingency, so you pay no attorney fees unless we recover compensation for you.

What Is Important to Understand About a Drunk Driving Pedestrian Accident Case?

What Is the Drunk Driving Pedestrian Accident Case Timeline?

Most claims follow a similar case timeline, although the criminal case against the driver can affect the pace. Under Code of Civil Procedure section 335.1, you have a two-year limitations period to file suit, measured from the date of the crash.

• First weeks. You receive treatment, and we secure the police report, witness names, and any video from nearby businesses.
• Criminal proceedings. The prosecution of the driver may produce a plea or conviction, and we track it for evidence such as blood alcohol results.
• Insurance claims. We present your claim to the driver’s insurer and, if that policy is too small, to the insurer that issued your own auto policy.
• Negotiation or lawsuit. Many claims resolve once your treatment stabilizes. If the offers do not cover your losses, we file suit and may request punitive damages.

Damages, Liability, and Compensation for Drunk Driving Pedestrian Accident Cases

Under Civil Code section 1714, every driver must use ordinary care, and driving while impaired breaches that duty. The same statute generally shields bars, restaurants, and social hosts from liability for injuries caused by an adult who drove after drinking, with limited exceptions, such as a host who knowingly furnished alcohol to an underage guest.

Compensation in a drunk driving pedestrian claim can fall into three categories:

• Economic damages. Medical bills, rehabilitation, lost wages, and the cost of future care.
• Non-economic damages. Physical pain, emotional distress, and the loss of activities you enjoyed before the crash.
• Punitive damages. Under Civil Code section 3294, a court may award punitive damages when clear and convincing evidence shows that the defendant acted with malice, which the statute defines to include a willful and conscious disregard of the safety of others.

A drunk driver may carry only minimum insurance. When that policy does not cover your losses, your own uninsured motorist coverage may pay the difference, even though you were walking at the time.

What Are Important Aspects of a Drunk Driving Pedestrian Accident Case?

The criminal case and your civil claim are separate proceedings with different standards of proof. A conviction or guilty plea can support your claim, but you do not need one to recover compensation. Blood alcohol results, the arresting officer’s observations, and field sobriety test notes all become evidence in the civil case.

The driver’s insurer may still argue that you share fault, for example by claiming that you crossed outside a crosswalk or against the signal. That argument does not erase your pedestrian rights. At most, it reduces your recovery by the percentage of fault a jury assigns to you.

What Should You Bring to Your Drunk Driving Pedestrian Accident Consultation?

The following documents help us evaluate the driver’s liability and the insurance available to you:

• The police report number and the name of the arresting agency
• Any information about criminal charges filed against the driver
• The declarations page from your own auto policy, which lists your uninsured motorist coverage
• Medical records, bills, and photographs of your injuries

We review the evidence of impairment, identify each available insurance policy, and explain the next steps. Punitive damages are not available in every drunk driving case, and our assessment at the first meeting addresses whether the evidence in yours supports them.

Most Dangerous Locations for Drunk Driving Pedestrian Accidents in Santa Monica

The NHTSA reports that the rate of alcohol-impaired fatal crashes is three times higher at night than during the day. Santa Monica’s Vision Zero program targets the streets where severe and fatal crashes concentrate, and the corridors below combine evening foot traffic with restaurants, hotels, and bars.

Highways

• Interstate 10 (Santa Monica Freeway). The freeway ends at the McClure Tunnel, where traffic leaving at speed enters city streets near downtown and Pacific Coast Highway.
• Pacific Coast Highway (State Route 1). Beach visitors cross between parking lots and the sand, and evening traffic leaving the coast moves at highway speed.

Streets

• Santa Monica Boulevard. The city identified it as a high-priority corridor for severe injuries in its safety study.
• Wilshire Boulevard. Dense commercial frontage draws pedestrians across multiple lanes well into the evening.
• Ocean Avenue. Follows Palisades Park past the pier and beachfront hotels.
• Main Street. A restaurant and nightlife district in Ocean Park with frequent mid-block crossings.
• Lincoln Boulevard. A multi-lane arterial with long blocks between signals.

Reach Out to Cohen Injury Law Group to Schedule a Consultation

The civil filing deadline applies to your claim no matter how the criminal case against the driver ends. Cohen Injury Law Group represents injured pedestrians on contingency, so you pay no attorney fees unless we recover compensation. Contact us to speak with our Santa Monica drunk driving pedestrian accident lawyer about your case.