The Fatal Intersection of the Drunk Driver and Alcohol Intoxicated Pedestrians

Intoxicated pedestrians were more likely to be killed in the countryside than in the city (48% vs 23% of the victims respectively) (WOA61403). This stark statistic highlights the increased lethality of high-speed rural roads where a drunk driver has less time to react. Alcohol intoxicated pedestrians were also more likely to cross the street mid-block rather than at the traffic signals and to be involved in more far-side accidents as pedestrians with high BACs are less able to judge the gap in two directions of traffic, a critical skill when avoiding a drunk driver (WOA61401).

A lower mean BAC was found in pedestrians who were run over by a motor vehicle in the upright position (0.153 g/100mL) than those run over in the prone position (0.214 g/100mL) (WOA61406), suggesting the most severely impaired individuals are less able to brace for impact, even from an attentive driver, let alone a drunk driver.

The relative risk (RR) of pedestrian motor vehicle injury has been found to increase with increasing BACs as shown in the following Table (WOA61405). This curve becomes exponentially steeper when the variable of a drunk driver is introduced into the collision equation. The basis for this increased risk is the impairing effects of alcohol similar to what has been discussed in my previous blog Personal Injury and Alcohol, which cripple the reaction times and decision-making of all involved parties.

Interestingly, there seems to be a disturbing relationship between alcohol positive drivers and alcohol positive pedestrian victims. In one study, the majority of alcohol positive drivers involved in pedestrian accidents had run over a pedestrian who was also alcohol positive (WOA61404). This finding suggests that impairment attracts impairment, creating a predictable and often fatal synergy where a drunk driver is statistically more likely to encounter an intoxicated pedestrian making poor decisions, with neither party able to avoid the other.

So, although alcohol intoxicated pedestrians may feel “invincible” due to “Dutch courage”, they have a serious risk of injury or death when confronted with several tons of steel travelling at 60 mph, especially when that steel is controlled by a drunk driver. The legal implications are complex, often involving shared liability between the impaired pedestrian and the criminally negligent drunk driver. Understanding this dynamic is crucial for personal injury lawyers, insurance adjusters, and forensic experts tasked with untangling the causes of these preventable tragedies.

*All the references cited may be found in WOA 2E in the appropriate section according to the number.”

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