If you’re filing a first-party pedestrian accident claim for PIP benefits, it does not matter if you were intoxicated when you were injured. No-fault insurance must pay for your medical care and expenses, even if you had been drinking or were not crossing the street legally at the time of the accident. If you are filing a third-party liability claim, you must show that the driver was primarily at fault. A pedestrian accident lawyer can provide advice based on the facts of your case.