What Is the Average Settlement For Drunk Driving Accidents?

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.


DUI settlement cases can be difficult to navigate without a lawyer. Based on my experience with several personal injury cases, a handful of factors can impact how much money you get from the insurance company.

The court looks at how much the accident hurt you, how much time you missed from work, any lasting problems, and other things that happened to you because of the accident. 

Here is everything you need to know about drunk driving accident settlements.

Quick Summary

  • Food poisoning settlements vary widely, with mild cases averaging $5,000–$20,000, moderate cases reaching $20,000–$125,000, and severe cases exceeding $125,000, sometimes into the millions.
  • Approximately 15-20% of food poisoning lawsuits result in settlements above $125,000, especially when clear negligence by food manufacturers or distributors is proven.
  • Settlement amounts differ by state, with plaintiff-friendly states like California and New York typically awarding higher compensation compared to states with stricter damage caps.
  • The legal process can take months to years, with initial consultations occurring within days, investigations lasting weeks to months, and settlement negotiations extending from 3 months to over a year.
  • Recent settlements include a $600,000+ payout for an E. coli case involving a child and a $70,500 pre-suit settlement for multiple victims of a Norovirus outbreak at a restaurant.

What Is the Average Settlement for Drunk Driving Accidents?

A woman looking at the phone inside a car with a dent on the sideThe average settlement for victims involved in drunk driving accidents typically ranges from $50,000 to $125,000, with an average calculated around $80,000.

However, if the other driver was at fault, your damages, including medical bills, car repairs, pain, suffering, etc., might be a lot more.

Most of the time, you can get up to $80,000 in compensation after a moderate accident with a drunk driver. If your case is more severe, you could get up to $125,000.

Every accident is different. Each person will have different injuries and damage from the accident. This means that each person's settlement from the accident will be different.

There is no one-size-fits-all estimate, but generally, you can expect to get a good amount of money if a drunk driver causes your crash.

What Factors Influence Drunk Driving Settlements?

A person holding a bottle of alcohol beside a car

Settlements in drunk driving accidents depend on multiple factors, similar to other car accident cases. However, certain elements, such as the severity of injuries, lost wages, and the financial impact of long-term impairments, can significantly affect compensation. Here’s a breakdown of the most critical factors that influence settlement amounts.

Severity of Injuries and Medical Costs

The extent of injuries sustained in a drunk driving accident is one of the most significant factors in determining settlement amounts:

  • Severe Injuries: Victims with serious injuries, such as broken bones, spinal cord damage, or brain trauma, typically receive higher compensation.
  • Minor Injuries: Cases involving minor bruises or mild whiplash usually result in lower settlements.
  • Medical Expenses: The cost of hospital stays, surgeries, rehabilitation, and ongoing medical care directly impacts settlement negotiations.

Lost Wages and Missed Work

Drunk driving accident victims often need time off work to recover, and lost income can be included in settlement claims:

  • Temporary Work Absence: If injuries prevent victims from working for weeks or months, they can seek compensation for missed paychecks.
  • Permanent Disability: If the accident results in long-term impairments that prevent a return to previous employment, victims may receive additional damages for reduced earning capacity.

Impact on Future Employment and Income

In some cases, victims may need to adjust their work schedules or even change careers due to lasting health issues from the accident:

  • Reduced Work Hours: If a victim can only work part-time due to chronic pain or physical limitations, lost income can be factored into the settlement.
  • Job Change or Career Limitations: Victims who can no longer perform their previous job duties due to their injuries may receive compensation for lost career opportunities.

Insurance Policy Limits and Available Coverage

The at-fault driver’s insurance coverage plays a major role in determining the maximum compensation a victim can receive:

  • Minimum Insurance Policies: Many states require drivers to carry a minimum liability policy (e.g., $25,000 per person), which may not cover severe injury costs.
  • Underinsured Motorist Coverage: If the drunk driver’s policy is insufficient, victims may need to file claims under their own underinsured motorist (UIM) coverage.

Prior DUI Offenses and Liability of the Driver

The at-fault driver’s history can also impact settlement values:

  • Repeat DUI Offenders: Drivers with prior DUI convictions may be considered more reckless, leading to larger settlements or punitive damages.
  • First-Time Offenders: While still liable, a first-time DUI driver may not face as severe financial penalties unless aggravating factors are present, such as high BAC levels or excessive speeding.

Understanding these key factors can help victims pursue the compensation they deserve. If you’ve been injured in a drunk driving accident, working with an experienced attorney can ensure that medical expenses, lost wages, and future financial hardships are fully accounted for in your claim.

"Aside from the economic damages resulting from a drunk driving accident, it is also possible to increase your drunk driver settlement by claiming non-economic damages."
- David A. Haenel, Personal Injury Attorney

Related Articles:

What Is Considered “Drunk Driving”?

A driver drinking inside the carIt is considered drunk driving when the driver's blood alcohol level is from .02% to .08% [1]

If you get into a DUI accident, you should understand your rights. It's also critical to remember that you don't have to be the driver affected by the collision to file a personal injury claim. 

If you've been hit by a drunk driver or impacted by a drunk driving accident, you may wonder if there is an average settlement for a drunk driving accident.

Unfortunately, there is no set answer as it will depend on various factors specific to your situation.

Common Injuries Caused by Drunk Driving Accidents That You Can Sue For

A car accident outside on the street

Victims of drunk driving accidents often suffer serious physical and emotional injuries. The following are physical injuries that drunk driving accident victims experience as a result of being hit by a drunk driver:

Broken Bones

  • Settlement Range: $30,000 - $100,000, depending on fracture severity and treatment required.
  • Recovery Time: Simple fractures heal in 6 to 12 weeks, while complex breaks may require surgery and extended rehabilitation.
  • Long-Term Effects: Chronic pain, limited mobility, and potential permanent disability in severe cases.
  • Required Documentation: Medical records, X-rays/MRIs, treatment plans, and rehabilitation reports.

Concussions

  • Settlement Range: $20,000 - $75,000, based on symptom severity and impact on daily life.
  • Recovery Time: Ranges from a few days to several months; some may experience lingering effects (post-concussion syndrome).
  • Long-Term Effects: Cognitive impairments, mood changes, and increased risk of future concussions.
  • Required Documentation: Neurologist evaluations, symptom logs, and cognitive test results.

Severe Bruising (Contusions)

  • Settlement Range: $10,000 - $50,000, influenced by location and severity.
  • Recovery Time: Minor contusions heal within days to weeks, while major bruising may take longer.
  • Long-Term Effects: Most heal without complications, but severe cases can lead to hematomas or chronic pain.
  • Required Documentation: Medical reports detailing the extent of injuries and treatments received.

Organ Damage

  • Settlement Range: $100,000 - $1 million+, depending on the affected organ and severity of damage.
  • Recovery Time: Recovery can take months to years, and some injuries require lifelong medical care.
  • Long-Term Effects: Possible permanent disabilities, lifestyle restrictions, and ongoing medical needs.
  • Required Documentation: Imaging scans (CT/MRI), surgical reports, and long-term care documentation.

Traumatic Brain Injuries (TBI)

  • Settlement Range: $100,000 to several million dollars, depending on severity and impact.
  • Recovery Time: Some recover within months, while others require years of rehabilitation or face lifelong impairments.
  • Long-Term Effects: Cognitive decline, emotional disturbances, physical disabilities, and reduced quality of life.
  • Required Documentation: Neurological assessments, rehabilitation records, and neuropsychological evaluations.

Emotional Trauma (e.g., PTSD)

Many victims don’t realize they can seek compensation for emotional distress, including PTSD, anxiety, and depression caused by a drunk driving accident.

  • Settlement Range: $15,000 - $100,000+, depending on severity and life impact.
  • Recovery Time: Therapy may last months to years, varying by individual.
  • Long-Term Effects: Persistent mental health struggles affecting personal and professional life.
  • Required Documentation: Evaluations from mental health professionals, therapy records, and personal journals tracking emotional distress.

A skilled personal injury lawyer can help victims secure compensation for both physical and emotional damages resulting from a drunk driving accident.

Understanding your rights and having thorough documentation can strengthen your case and maximize your settlement.

Related Article: How are Bail Amounts Determined in DUI Cases?

Who Is Held Liable in a DUI Accident?

The person who is held liable in a DUI accident is the drunk driver. However, there are some exceptions.

While the drunk driver is usually the primary party at fault in a DUI accident, liability can extend beyond them in several circumstances.

This includes businesses that served alcohol, event hosts, employers, multiple parties involved in the crash, and even the victim's own level of responsibility under comparative negligence laws.

Dram Shop Laws: Holding Alcohol Vendors Accountable

Dram shop laws allow victims to sue bars, restaurants, liquor stores, and other establishments that serve alcohol to visibly intoxicated individuals who later cause an accident. These laws exist in 43 states and Washington, D.C., but specific requirements vary by location.

Key Considerations:
  • The establishment must have served alcohol to a person who was clearly intoxicated.
  • The intoxication must be a direct cause of the accident and resulting injuries.

Some states, such as California, limit dram shop liability unless specific conditions are met, such as serving alcohol to minors.

Social Host Liability: When Private Hosts Are Responsible

Individuals who serve alcohol at private events can also be held liable if an intoxicated guest causes a DUI accident. This is known as social host liability and applies when:

  • The host provided alcohol to a guest who was visibly intoxicated at the time.
  • The alcohol consumption was a major contributing factor to the guest’s reckless actions.

Insurance Tip: Some homeowners' insurance policies include coverage for social host liability, but it’s essential to check policy details for protection.

Employer Liability: When Businesses Are at Fault

If a commercial driver causes a DUI accident while on the job, their employer may also be held liable under vicarious liability laws. This applies if the employer:

  • Knew or should have known the employee had a history of reckless drinking and driving.
  • Failed to enforce policies regarding alcohol consumption during work hours.

Multiple Party Liability: When More Than One Party Shares Fault

Some DUI accidents involve multiple responsible parties beyond just the intoxicated driver. This can include:

  • The bar or restaurant that overserved the driver.
  • Other drivers involved in the crash if they also acted negligently.

Victims can pursue claims against all responsible parties to increase their chances of receiving full compensation.

Comparative Negligence: How Victim Actions Impact Compensation

Comparative negligence laws determine how much compensation a victim can recover if they were partially at fault for the accident.

Two main types exist:

  • Pure Comparative Negligence: Victims can recover damages even if they were more than 50% at fault, but their compensation is reduced based on their level of responsibility.
  • Modified Comparative Negligence: Victims cannot recover damages if they are more than 50% at fault for the accident.

Understanding liability in DUI cases is crucial for securing fair compensation. A skilled personal injury attorney can help identify all responsible parties and navigate the legal complexities of these cases..

Related Article: DUI (Drunk Driving Accident) Lawsuit

Related Article: Aiding and Abetting a DUI

Building a Strong DUI Accident Case: Key Steps for Maximum Compensation

If you’ve been involved in a DUI accident, gathering the right evidence and understanding the legal process can significantly impact your settlement. Here’s how you can strengthen your case and maximize your compensation.

Essential Steps to Document Your Case

Proper documentation is critical for proving your claim and securing fair compensation:

  1. Gather Evidence at the Scene: Take photos of vehicle damage, the accident scene, and any visible injuries also, you should obtain witness statements and contact information.
  2. Secure a Copy of the Police Report: This report contains vital details, including the other driver’s blood alcohol concentration (BAC) and any charges filed.
  3. Maintain Medical Records: Keep all hospital bills, treatment plans, and doctor’s notes to document the severity of your injuries.
  4. Track Financial Losses: Record lost wages, reduced work hours, and any job limitations due to injuries.
  5. Save Insurance and Legal Correspondence: Keep copies of all communications with insurance companies and legal professionals regarding your case.

Dealing with Insurance Companies: What You Need to Know

Navigating insurance claims can be tricky, but understanding the process can help you avoid common pitfalls:

  • File a Claim Quickly: Notify your insurance provider as soon as possible to start the process.
  • Be Careful with Statements: Avoid giving recorded statements to the at-fault driver’s insurance company without legal representation.
  • Know Your Policy Limits: Understanding your coverage can help you determine what compensation you may be entitled to.
  • Negotiate Smartly: Initial settlement offers are often lower than deserved—having solid documentation strengthens your position.

The Importance of Police Reports in DUI Cases

A police report is one of the most crucial pieces of evidence in a DUI accident claim because:

  • It officially documents the accident details, including driver impairment.
  • It provides evidence of negligence, such as BAC levels and traffic violations.
  • It helps establish liability, making it easier to prove fault in your case.

Expert Witnesses That Can Strengthen Your Claim

In some cases, expert witnesses may be necessary to prove damages and justify higher compensation:

  • Medical Experts: Testify about the severity of injuries and future medical needs.
  • Accident Reconstructionists: Provide a technical analysis of how the crash happened and who was at fault.
  • Economic Experts: Calculate financial losses, including future lost income due to injuries.

Should You Settle or Take Your Case to Trial?

Deciding whether to settle or take your case to trial is a critical choice that depends on several factors. Settlements offer a faster resolution, a guaranteed payout, and lower legal expenses, making them a preferred option for many victims seeking financial stability.

Accepting a settlement also eliminates the uncertainty of a court ruling and allows victims to move forward without prolonged legal battles.

However, going to trial can sometimes lead to a significantly higher compensation amount, especially in cases involving severe injuries or clear negligence.

The downside is that trials come with risks, including the unpredictability of a jury decision and a much longer legal process. Weighing these factors carefully and consulting with an experienced attorney can help determine the best course of action based on the specifics of your case.

State-Specific DUI Laws & Their Impact on Your Case

DUI laws vary by state, and understanding them can impact your claim:

  • BAC Limits: Most states enforce a 0.08% BAC limit, but stricter rules apply for commercial drivers and repeat offenders.
  • DUI Penalties: Can range from fines and license suspension to jail time, which may support your civil case.
  • Punitive Damages: Some states allow additional compensation in DUI cases to penalize reckless behavior.

If you’ve been injured in a DUI accident, taking the right legal steps can make a significant difference in your settlement. Working with an experienced attorney can help you gather evidence, navigate insurance claims, and fight for the compensation you deserve.

See the other car accident lawsuits our lawyers have taken on.

FAQs

Why Is the Statute of Limitations Critical to My Settlement?

The statute of limitations is critical to your settlement because it controls the time limit for which the parties must execute specific actions. By definition, the statute of limitations refers to the time an injured party has to file a personal injury lawsuit following their injury.

How Can Non-economic Losses Increase Your Car Accident Injury Settlement?

Non-economic losses can increase your car accident injury settlement by considering the impacts that an accident has had on your quality of life. This includes pain and suffering, loss of consortium, and other factors that are more difficult to quantify with a financial figure.

Can Punitive Damages Affect the Value of Your Settlement?

Yes, punitive damages affect the value of your settlement by often increasing the total settlement amount for the plaintiff. Not every personal injury case allows for punitive damages. 

What Are the Minimum Insurance Requirements?

The minimum insurance requirements differ from one state to another. The Office of Commissioner of Insurance and Safety Fire (OCI) states that minimum coverage must include bodily injury coverage of $25,000 or more per person and $50,000 or more per incident and property damage coverage of $25,000 or more [2].

What If I Was Partly at Fault for the Accident?

If you were partly at fault for the accident you can still recover damages, depending on your state's comparative negligence laws. In pure comparative negligence states, your compensation is reduced based on your percentage of fault. In modified comparative negligence states, you can recover damages only if you are less than 50% or 51% at fault, depending on the state.

What Evidence Can Strengthen My Case?

Evidence that can strengthen your case includes police reports, BAC test results, medical records, witness statements, and video footage from traffic or dash cameras. Additional supporting documents like pay stubs for lost wages, expert testimony, and a pain journal detailing your recovery process can further strengthen your claim.

What Are the Risks of Going to Trial Instead of Settling?

The risks of going to trial instead of settling comes with risks such as longer wait times, legal expenses, and the unpredictability of a jury decision. Settling outside of court typically results in a faster payout and eliminates uncertainty, but the amount may be lower than what a jury might award.

Filing an Insurance Claim and Getting a Fair Settlement

The minute you file an insurance claim, the insurance company will do anything to protect themselves instead of getting you paid. Don't waste your time or money on a long, frustrating battle. Let Schmidt & Clark, LLP take care of it. 

Contact us for a free consultation with our experienced personal injury attorney, and we'll quickly and easily get you the settlement amount you're due. Our attorneys will protect everything you say under our attorney-client relationship privilege. 


References:

  1.  https://www.alcoholrehabguide.org/alcohol/crimes/dui/
  2.  https://oci.georgia.gov/insurance-resources/auto