What’s the Average Settlement When Hit by a Drunk Driver

Studies show that about 37 people die in the United States from drunk driving accidents on a daily basis. The number has been rising, with 2021’s 13,384 deaths, a 14% increase from 2020’s numbers. If you’ve been hit by a drunk driver, one of the first things to cross your mind is how to recover financially.

But what is the average settlement when hit by a drunk driver? If you’ve been hit by a drunk driver, the damages and medical bills add up astronomically.

If you’re curious about how to recover from your drunk driving accident, we’re here to help. Read on to learn more about your car accident settlement following a collision with a drunk driver.

The Average Settlement When Hit By a Drunk Driver

We’ll start by answering the question – but how can you answer it precisely? The truth is that every case is different, from the damages to the injuries caused.

Legal representation will also affect the amount your settlement raises or lowers by. A great car accident lawyer can help you get the most out of your settlement. If you don’t hire a lawyer, you may receive a significantly lower settlement.

The general range from a drunk driving accident settlement is between $80,000 and $140,000. Certain circumstances can cause a settlement outside of this range. 

To learn more about the factors that affect your settlement, read on.

What Is Drunk Driving?

What constitutes drunk driving? When looking at the question outside of the legal system, it seems like an obvious answer. Isn’t driving while intoxicated always drunk driving?

While technically true, there are ranges that can change the criminal charge. For example, in Nevada, drivers under the age of 21 can be charged with a DUI if their blood-alcohol level is 0.2%. Commercial drivers are charged at .04%, while civilian drivers are “safe” up to .08%.

In other states, such as Florida, a similar range exists. However, charges can vary depending on how much higher than the legal limit someone is.

Knowing these limits is critical for whether a crash consists of drunk driving. If a civilian driver blows a .06%, they may not be charged with drunk driving. As such, the criminal charges change, as will your settlement and insurance claims.

Questions of Liability

Who is liable for a drunk driving accident? Generally speaking, most expect the intoxicated driver to be at fault. But what if you rear-end someone who’s driving drunk?

The question of liability is determined on a case-by-case basis. Laws are often highly specific, with workarounds that are difficult to grasp for people that aren’t schooled in them.

The difficulty of deciding liability is one of the many reasons you should look for a lawyer. If you’re near Houston, we suggest that you visit this website during your search. A great lawyer is an enormous benefit during your legal case.

Determining fault and liability is one of the first tasks for your personal injury lawyer. In a commercial driving accident, the driver’s employer is often found liable. If the drunk driver was forced to drive by someone else, that party may be liable as well.

In short, liability changes depending on the situation. While the drunk driver is often to blame, this isn’t always the case.

Common Injuries

One of the primary factors in your settlement will be your medical bills. If you’ve managed to escape a DUI-related accident unharmed, be thankful for your luck. While this will lower your settlement amount, it’s much better to have your health.

Physical injuries are highly common during an accident. Broken limbs, contusions, and concussions are the most common problems. More injuries include:

• Organ damage
• Burns and fabric burns
• Internal bleeding and soft tissue injuries
• Traumatic brain injuries in severe cases
• Spinal injuries and neck damage

The form of the accident will often decide these injuries. How fast were both parties going, and who hit who and where?

If you don’t feel any physical injuries, you should still seek medical help. Many physical injuries aren’t felt at the time of impact due to adrenaline, shock, and stress. Others may not be noticeable until they become more severe, such as internal injuries.

Mental and emotional injuries are often common. Many survivors report PTSD-like symptoms and have been diagnosed with the disorder. Other symptoms include heightened anxiety, panic attacks, and mentally-driven physical symptoms.

State Minimums

Another factor that you’ll encounter is the state minimum of an average settlement. Were you aware that states will often set their own range for a drunk driving accident settlement? Some feel that this is to discourage fraud from parties faking a drunk driving accident.

You should look into your state’s minimums for an insurance minimum. In many states, such as Georgia, the minimum is around $25,000. 

Furthermore, be aware of what the minimums apply to. Some states will have a separate minimum for automotive and individual damage.

In Texas, for example, automobile insurance is a minimum of $30,000 per person, up to $60,000. The $25,000 minimum relates only to property damage. The shorthand for this style of insurance is “30/60/25” coverage in relation to the amount.

Your car accident lawyer can help you familiarize yourself with these minimums. It’s a great way to offload the stress of learning new specific laws while you focus on your recovery. 

Exemplary Damages

Another factor to look at is exemplary damages. The subject is often referred to as “punitive damages.”

Punitive damages are meant as a punishment to the drunk driver. However, exemplary damages won’t always apply. They also vary from state to state, as many laws will.

For example, Texas will only award these damages if they’re requested. The state will rarely charge someone with punitive damages unless the plaintiff claims them. For Texas, the cap is at $200,000, while other states have caps that may be lower or higher.

Additionally, punitive claims need to be proven. The plaintiff’s law team needs to prove that the drunk driver fulfilled the requirements. For most states, these include:

• Acting out of malice or with the intent to harm
• Acted in a fraudulent manner
• The driver was highly negligent in their behavior

In most cases, drunk drivers are accused of the third. Most lawyers have the easiest time proving this, as drunk driving is inherently negligent. Discuss punitive damages with your lawyer to see if your case fits the requirements.

How to Get the Most Out Of Your Settlement

Now that we know some of the dense legalese that surrounds your drunk driving accident, we can look at your settlement proper. How can you use your newfound knowledge to get the most out of your settlement? Here are three tips on winning your drunk driving accident case.

Legal Representation

The first step of any legal procedure is to seek legal representation. You may hesitate to hire a lawyer due to high fees or feeling that this will complicate matters.

A skilled car accident lawyer is vital to your automotive accident case. They’re up to date and trained in all of the laws that could affect your legal case.

They also will help you free up your time to focus on other issues. Your recovery, seeking a new vehicle, or battling your insurance company to receive your funds will all take up much of your time.

Blackburn Romey advises: “In cases hit by a drunk driver, securing a fair settlement requires understanding the intricacies of liability and damages. Effective legal representation is crucial to navigate these complexities and maximize the settlement.”

Best of all, most lawyers won’t rest only in the court case. A good car accident lawyer will help you seek your full compensation from your insurance company. Most insurance companies work in their best interest rather than giving you the compensation you deserve.

Thorough Documentation

A critical part of battling insurance companies and court cases is thorough documentation. You’ll need to keep track of any documents and papers that affect your case.

Keep your police report, insurance claim, and everything else on hand. File these in a safe and organized place in case you need them later.

You’ll be thankful for this step when the time comes that you need the documents. Rather than frantically searching your home, you’ll know precisely where to find the documents. Your lawyer can also keep a copy of most of these documents on hand.

Focus On Healing

There’s a great deal of stress and anxiety following a drunk driving accident. You should focus most of your energy on healing and recovering from the incident.

If you’re in the hospital, let your lawyer handle the situation and report back to you when it’s necessary to do so. You can also let a loved one or someone else who was involved handle the bulk of the work. When your input or intervention is needed, they can let you know.

Recovering and Moving On

Recovering from a drunk driving accident is a lengthy and often difficult process. Understanding the average settlement when hit by a drunk driver will help you seek the compensation you deserve. Hire legal representation to ensure that you’re in the best hands possible.

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