What is the average DUI accident settlement? There is no single average amount, because every drunk driving case depends on unique factors such as the severity of injuries, liability, and long-term financial impact. Instead of one universal number, each case reflects how the crash disrupted the victim’s life.
If such an accident harmed you, an Arlington drunk driving car accident lawyer can evaluate your situation and fight for a fair settlement. The goal is not to achieve an average payout, but to secure full and fair compensation that reflects all your losses.
Texas Drunk Driving and the Average DUI Accident Settlement
Texas legally defines drunk driving as Driving While Intoxicated (DWI). A driver is considered intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher, or if drugs or alcohol impair their ability to operate a vehicle safely. Texas law provides avenues for victims of drunk drivers to seek justice and compensation from all liable parties.
While there is no set number for the average settlement stemming from a DUI accident, the scale of harm caused by impaired driving means that settlements frequently involve significant damages, reflecting the physical injuries and emotional toll of these preventable collisions.
A Typical DUI Accident Settlement is Based on Your Damages
There is no one-size-fits-all figure for a hit by a drunk driver settlement. A thorough evaluation of all of the tangible and intangible damages you have suffered determines the amount. These damages are economic and non-economic.
Economic Damages
Economic damages are the quantifiable financial losses you have incurred. They can include:
- Medical expenses: This covers everything from the initial emergency room visit and ambulance ride to ongoing physical therapy, medications, and future medical care.
- Lost wages and earning capacity: If your injuries have kept you from working, you are entitled to compensation for lost income. If the injuries are permanent, you can also seek compensation for the future income you will no longer be able to earn.
- Property damage: This includes the cost to repair or replace your vehicle and any other personal property damaged in the crash.
- Out–of–pocket costs: These can include other expenses directly related to the accident, such as transportation to medical appointments or necessary home modifications.
Non-Economic Damages
Non-economic damages are more subjective but are equally critical. They account for the personal impact of the crash on your life:
- Pain and suffering: This compensates for the physical pain and emotional distress caused by the accident.
- Mental anguish: This addresses the psychological trauma, such as anxiety, depression, or PTSD, that can result from a devastating event.
- Loss of enjoyment of life: This compensates for the inability to participate in hobbies or activities you once enjoyed due to your injuries.
- Loss of consortium: Your spouse may be able to seek damages for the impact the accident has had on your relationship.
In a DWI lawsuit, it is also possible to pursue punitive damages under the Civil Practice and Remedies Code Chapter 41. Unlike compensatory damages, which reimburse you, exemplary damages punish the drunk driver for their reckless and grossly negligent behavior. They are meant to deter similar actions in the future and can substantially increase the final settlement value.
How to Maximize Drunk Driver Accident Settlements
To maximize a hit by a drunk driver settlement, you must meticulously document and prove every aspect of your case. Our experienced drunk driving car accident attorneys will gather and present a comprehensive body of evidence to support your claim.
This evidence includes:
- Medical records and bills: Detailed documentation of all injuries and associated costs
- Employment records: Proof of lost income and diminished earning capacity
- Police reports: Official records of the accident, including details of the drunk driver’s intoxication
- Witness statements: Accounts from individuals who saw the crash
- Photos and videos: Visual evidence of the accident scene, vehicle damage, and your injuries
- Expert testimony: Opinions from medical professionals, accident reconstruction specialists, and economists who can substantiate your claims
This thorough approach is crucial because insurance companies will typically strive to minimize payouts. Without a strong, evidence-backed case, they may offer a settlement far below what you deserve.
This is why it is worth getting an attorney for a car accident caused by an intoxicated driver.
Comparative Negligence Can Affect Your DUI Accident Settlement
Texas’ comparative negligence laws also affect the typical DUI accident settlement. Texas follows a modified comparative fault system, meaning the court can reduce your compensation if it finds you partially at fault for the accident.
For example, if the drunk driver ran a red light but you were speeding, a court may assign you a percentage of responsibility. If you are not more than 50% at fault, you can still recover damages, but your share of negligence may reduce your settlement.
Our drunk driving car accident attorneys will work to minimize any fault assigned to you so you can recover a fair settlement.
The Statute of Limitations Affects DUI Accident Settlements
The statute of limitations also shapes the average DUI accident settlement. In most cases, you must file your claim within two years of the date of the crash. Missing this deadline can bar you from recovering compensation, no matter how strong your case may be.
Because evidence can fade and there are exceptions to the statute of limitations in Texas, it is critical to speak with a lawyer as soon as possible after the accident. We will protect your rights.
How The Texas Law Dog Can Maximize Your DUI Accident Settlement
The average DUI accident settlement increases when you have aggressive legal representation. At The Texas Law Dog, our team knows that insurance companies often try to undervalue claims.
We fight back with comprehensive case preparation and evidence. Our approach is simple:
- Build a detailed, evidence-backed case.
- Push for recovery beyond immediate costs, covering the long-term effects of the crash.
- Negotiate aggressively with insurers and, when necessary, take cases to court.
- Keep you informed while fighting relentlessly for justice.
By focusing on your financial and personal recovery, our drunk driving accident attorneys pursue every available avenue of compensation in your hit by a drunk driver settlement. We will not let insurers take advantage of you. We bite back.
The Texas Law Dog Can Help You Get the DUI Accident Settlement You Deserve
Ultimately, the amount of the average DUI accident settlement is less important than ensuring that your case receives the attention and advocacy it deserves. The goal is to recover compensation that covers both your financial losses and the personal impact of the crash.
If an impaired driver has injured you or a loved one, contact our drunk driving car accident lawyers today to schedule a free case review. We will explain your options and fight for the maximum compensation available under the law.
Call The Texas Law Dog today to schedule a free consultation.
