Legal Guide

Drunk Driving and Pedestrian Accidents

Shiv Ganesh pedestrian injury lawyer logo
Drunk Driving and Pedestrian Accidents

When alcohol and driving mix, pedestrians often pay the highest price. Unlike other road users, pedestrians have no protection against impact — and drunk drivers, with delayed reactions and impaired judgment, pose an extreme risk to anyone on foot.

Every year, dozens of pedestrians in Alberta are seriously injured or killed by impaired drivers. Despite stricter laws and awareness campaigns, alcohol- and drug-related crashes remain among the province's most devastating collisions.

As Alberta injury lawyers who used to defend insurers, we know how these cases are handled — and how families can fight back. This guide explains how alcohol affects driver liability, how fault is proven, and what compensation pedestrians can claim after a drunk-driving accident.

This guide explains:

Why drunk driving is so dangerous for pedestrians
Common scenarios in drunk driving pedestrian accidents
How alcohol use affects fault and liability
Steps to take after a drunk driving pedestrian accident
How a lawyer proves drunk driving and negligence
Alberta-specific laws and compensation for victims

Why Drunk Driving Is So Dangerous for Pedestrians

Alcohol and drugs impair every ability needed to drive safely. Even small amounts can cause:

Slower reaction timesDelayed responses to hazards and obstacles.
Poor judgment and coordinationImpaired decision-making and motor skills.
Blurred vision or tunnel visionReduced ability to see pedestrians and hazards.
Overconfidence and risk-takingDrivers may take dangerous risks they wouldn't when sober.
Delayed braking and swervingInability to react quickly to avoid collisions.

Common Scenarios in Drunk Driving Pedestrian Accidents

Drunk driving pedestrian collisions often occur in predictable but tragic circumstances, including:

1

Crosswalks or intersections

Drivers failing to yield or running red lights.

2

Residential or downtown areas

High foot traffic and poor visibility at night.

3

Roadside breakdowns

Pedestrians assisting a vehicle struck by an impaired driver.

4

Shoulders or parking lots

Drivers drifting off road or reversing without awareness.

5

Hit-and-run cases

Drunk drivers fleeing the scene to avoid arrest.

Each of these situations creates clear grounds for a negligence claim — and, in many cases, **punitive or aggravated damages** for reckless conduct.

How Alcohol Use Affects Fault and Liability

In Alberta, impaired driving strengthens a pedestrian's case, presuming driver negligence once impairment is proven. Victims do not need to prove intent or malice, only that the impairment caused or contributed to the collision.

Liability May Extend to Multiple Parties

The driver (for operating while impaired), the driver's insurer (for covering injury and loss claims), and a bar, restaurant, or host (under Alberta's *Liquor Act*, if they overserved someone who later caused a crash).

Common Insurance Defence Tactics

Even when fault seems obvious, insurers may try to reduce payouts by: arguing the pedestrian was jaywalking or inattentive; claiming visibility or weather made avoidance impossible; suggesting shared fault to reduce damages; downplaying the severity of injuries to fit Alberta's minor injury cap; or delaying settlement until the criminal case concludes.

Injured by a drunk driver while walking?

Contact us today for a free consultation

Steps to Take Immediately After a Drunk Driving Pedestrian Accident

Your actions immediately after a drunk driving pedestrian accident can protect your health and strengthen your claim.

Call 911

Ensure police respond immediately — impaired cases require immediate investigation.

Get Medical Care Immediately

Seek medical treatment right away, even for minor symptoms.

Request a Police Report Number

Note the investigating officer's name and get the report number.

Take Photos

Document the scene, vehicle, and your injuries.

Collect Witness Contact Information

Get names and contact details from any witnesses.

Do Not Speak to the Driver's Insurer

Avoid giving statements until you have legal representation.

Contact an Alberta Pedestrian Accident Lawyer Quickly

A lawyer will preserve evidence like blood alcohol tests and dash-cam footage.

How a Lawyer Proves Drunk Driving and Negligence

An experienced lawyer gathers and preserves evidence to prove the driver's impairment and the victim's damages.

Obtain Police and Toxicology Reports

Confirming BAC levels and impairment evidence.

Subpoena Dash-Cam or Surveillance Footage

Showing erratic driving behavior before the collision.

Retrieve Black Box (EDR) Data

From the vehicle to show speed and braking patterns.

Work with Accident Reconstruction Experts

To prove the collision was preventable.

Collect Medical and Psychological Records

To show the full impact of injuries.

Pursue Aggravated or Punitive Damages

Where appropriate for reckless conduct.

FAQ section background image

Frequently Asked Questions

Conclusion

Drunk driving is one of the most preventable causes of pedestrian injuries — and one of the most unforgivable. Alberta law holds impaired drivers fully accountable, and victims have every right to pursue significant compensation for their losses.

Seek medical help immediately

Request the police report

Avoid insurer contact

Call an experienced lawyer as soon as possible

Still have questions? Contact us today — your consultation is free.

Contact us today for a free consultation. No fee unless we win.