What Is the Average Settlement For Drunk Driving Accidents?

• 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?

The 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.

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.

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..

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.