Drunk Driving Accident Lawsuit | 2025 Latest Updates

Drunk Driving Accident Lawsuit Overview

Drunk driving accident lawsuits focus on claims against intoxicated drivers who cause crashes resulting in injuries, property damage, or fatalities.

The primary allegations involve negligence, recklessness, and violation of traffic safety laws while operating a vehicle under the influence of alcohol.

According to Mothers Against Drunk Driving, alcohol-related crashes have been responsible for nearly 17,000 deaths annually, representing 39% of all traffic fatalities in the United States.

Additionally, more than 500,000 Americans sustain injuries each year in drunk driving accidents, creating substantial grounds for legal action against the responsible parties.

Types of Drunk Driving Accidents

The most common types of drunk driving accidents in the United States are auto accidents involving two cars. However, alcohol-related accidents also include:

• Pedestrians
• Semi truck collisions
• Motorcycle crashes
• Bicycle accidents
• Boating accidents

Injuries from such accidents can include broken bones, head/neck/spinal cord injuries, brain injury, and wrongful death.

Latest Drunk Driving Accident Lawsuit Updates

• March 2025: The National Highway Traffic Safety Administration (NHTSA) has released new data showing a 12% increase in alcohol-related traffic fatalities over the past year, strengthening legal arguments for stricter penalties against drunk drivers and potentially increasing settlement values in ongoing lawsuits [1].
• January 2025: A landmark $4.2 million verdict was awarded to a plaintiff in California whose vehicle was struck by a drunk driver with a blood alcohol concentration (BAC) of 0.19%. The jury applied punitive damages after evidence showed the defendant had previously been convicted of DUI, setting an important precedent for similar cases nationwide [2].
• November 2024: Several states have expanded their dram shop laws, allowing victims to pursue claims against establishments that over-serve visibly intoxicated patrons who later cause accidents. This legal development broadens the scope of potential defendants in drunk driving accident cases and increases avenues for compensation [3].

The economic impact of drunk driving in the United States is staggering, with annual costs exceeding $44 billion when accounting for medical expenses, property damage, lost productivity, legal fees, and insurance administration.

The average drunk driving crash resulting in injuries costs approximately $125,000, while fatal crashes average $1.4 million in total economic damages.

Beyond financial metrics, the human toll is immeasurable, with thousands of lives lost or permanently altered through preventable alcohol-related crashes.

NHTSA Reports and Statistics

The National Highway Traffic Safety Administration (NHTSA) maintains comprehensive data on drunk driving accidents, revealing troubling statistics about this persistent public safety issue:

• Approximately 32 people die each day in the United States from drunk driving crashes—equivalent to one death every 45 minutes.
• Drivers with a blood alcohol concentration (BAC) of 0.08% or higher are considered alcohol-impaired by law and face significant legal penalties.
• In 2022, over 13,000 people were killed in alcohol-impaired driving crashes, accounting for nearly 31% of all traffic-related deaths.
• About 290,000 people were injured in drunk driving crashes in the most recent reporting year.

Drunk Driving Accident Injuries & Side Effects

Accidents caused by drunk drivers often result in severe injuries due to the impaired driver’s reduced reaction time, poor judgment, and tendency to drive at excessive speeds without proper defensive techniques.

• Traumatic Brain Injuries: Ranging from mild concussions to severe trauma causing permanent cognitive impairment, memory loss, personality changes, and potential long-term disability requiring extensive rehabilitation.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, chronic pain, loss of sensation, and lifelong medical care requirements, fundamentally altering the victim’s quality of life.
• Orthopedic Injuries: Broken bones, joint dislocations, torn ligaments, and crushed limbs often require surgical intervention, extended physical therapy, and may lead to permanent mobility limitations or chronic pain syndromes.
• Psychological Trauma: Post-traumatic stress disorder (PTSD), anxiety, depression, and phobias related to driving or riding in vehicles can persist long after physical injuries have healed, requiring extensive psychological treatment.
• Wrongful Death: Fatal injuries resulting from drunk driving accidents cause immeasurable grief and financial hardship for surviving family members who may pursue compensation through wrongful death claims.

Do You Qualify for a Drunk Driving Accident Lawsuit?

You may qualify for a drunk driving accident lawsuit if:

• You were directly involved in an accident where the other driver was under the influence of alcohol (typically defined as having a BAC of 0.08% or higher).
• You sustained physical injuries requiring medical treatment as a result of the crash.
• You experienced property damage to your vehicle or other personal belongings.
• You are a close family member of someone who was killed in an alcohol-related crash (for wrongful death claims).
• The accident occurred within the applicable statute of limitations for your state.
• You have evidence supporting your claim, such as police reports confirming the other driver’s intoxication, medical records documenting your injuries, and witness statements.

Evidence Required for a Drunk Driving Accident Lawsuit

To successfully pursue a drunk driving accident claim, you will need to gather and present specific evidence including:

• Police reports documenting the crash and the intoxicated state of the driver, including results of field sobriety tests, breathalyzer readings, or blood tests.
• Medical records detailing your injuries, treatments, medications, therapy sessions, and long-term prognosis.
• Photographic evidence of the accident scene, vehicle damage, and visible injuries.
• Witness statements from people who observed the crash or the driver’s behavior before the incident.
• Expert testimony from medical professionals regarding your injuries and from accident reconstruction specialists who can explain how the accident occurred.
• Documentation of all expenses related to the accident, including medical bills, repair costs, and proof of lost wages.

Damages You Can Recover

Victims of drunk driving accidents may be eligible to recover various forms of compensation, including:

• Medical expenses for emergency care, hospital stays, surgeries, medication, physical therapy, and ongoing treatment.
• Lost wages for time missed from work during recovery, as well as diminished earning capacity if injuries affect your ability to work in the future.
• Property damage compensation for vehicle repairs or replacement and other personal property damaged in the crash.
• Pain and suffering for physical discomfort, emotional distress, and reduced quality of life.
• Punitive damages specifically designed to punish the drunk driver for particularly reckless behavior and deter similar conduct in the future.
• Wrongful death damages for surviving family members, including funeral expenses, loss of financial support, and loss of companionship.

Related Article: High Paying Jobs You Can Get With a DUI

Drunk Driving Lawsuit Settlement Amount

Because most state’s minimum amount of insurance is approximately $25,000, it is a safe bet that you will receive roughly that amount from your settlement.

However, depending on the damages you suffer, and how much coverage the at-fault driver has, you could end up receiving a lot more.

In most cases, after a moderate drunk driving accident, you could get awarded up to $80,000 for your damages, which includes money for medical expenses, vehicle repairs, pain and suffering, etc.

The more severe the accident, the more money you will be eligible to receive. Some cases can even recover compensation upwards of $125,000 or more.

Every drunk driving accident is different, and each person will suffer different injuries and damages that will determine the value of the settlement they will pursue.

There are no one-size-fits-all estimates, but in most cases, you can expect a decent settlement after a drunk driver causes your accident.

Statute of Limitations for Drunk Driving Accident Lawsuits

The time limits for filing a drunk driving accident lawsuit vary by state and depend on whether you’re pursuing a personal injury claim or a wrongful death action:

• Personal Injury Claims: Generally range from 1-6 years depending on the state, with most states allowing 2-3 years from the date of the accident.
• Wrongful Death Claims: Typically 1-3 years from the date of death, which may differ from the accident date.
• Property Damage Claims: Often have different statutes of limitations, frequently between 2-6 years.

It’s important to note that some states have special provisions for claims against drunk drivers, potentially extending the standard statute of limitations.

Additionally, claims against government entities (such as accidents involving drunk government employees or occurring on poorly maintained public roads) often have much shorter notice requirements, sometimes as brief as 60-90 days.

Given these variations and complexities, it’s crucial to consult with an experienced personal injury attorney as soon as possible after a drunk driving accident to ensure your claim is filed within the applicable deadlines.

Related Article: Aiding and Abetting a DUI

FAQs

1. Can a drunk driver face criminal charges in addition to a civil lawsuit?

Yes, a drunk driver can face criminal charges for DUI offenses, alongside a civil lawsuit for damages caused by the accident.

2. What are the long-term effects of a drunk driving accident on a victim’s life?

Long-term effects of a drunk driving accident can include chronic pain, emotional trauma, financial burdens, and lasting physical disabilities, significantly impacting the victim’s quality of life.

3. How can a lawyer help in a drunk driving accident case?

A lawyer can assist by gathering evidence, negotiating with insurance companies, and representing the victim in court to secure fair compensation for injuries and damages.

4. Can I pursue compensation if the drunk driver doesn’t have insurance?

Yes, you may still recover damages through your own uninsured motorist coverage, potential dram shop claims against establishments that served alcohol to the driver, or by pursuing the driver’s personal assets.

5. How does a driver’s BAC level affect a drunk driving accident lawsuit?

Higher BAC levels (especially those well above the legal limit of 0.08%) strengthen your case by clearly establishing impairment and may increase the likelihood of punitive damages being awarded due to the driver’s extreme recklessness.

6. What if I was partially at fault in an accident involving a drunk driver?

Most states follow comparative negligence principles, meaning you can still recover damages even if partially at fault, though your compensation may be reduced by your percentage of fault. Even with some contributory negligence, the drunk driver’s impairment often weighs heavily in determining primary fault.

7. How long do drunk driving accident lawsuits typically take to resolve?

Resolution timelines vary widely, ranging from 6-18 months for straightforward cases with clear liability to 2-3 years or longer for complex cases involving severe injuries, disputed facts, or those proceeding to trial.

8. Can family members file a lawsuit if their loved one was killed by a drunk driver?

Yes, immediate family members (typically spouses, children, and sometimes parents or siblings depending on state law) can file wrongful death lawsuits seeking compensation for funeral expenses, lost financial support, lost companionship, and their emotional suffering.

9. What evidence is most crucial in establishing a drunk driver’s liability?

Police reports documenting BAC test results, field sobriety test failures, officer observations of impairment, witness statements about the driver’s behavior or alcohol consumption, and surveillance footage from establishments where the driver was drinking are particularly powerful forms of evidence.

10. Can I sue a bar or restaurant that served alcohol to the driver who hit me?

Many states have “dram shop” laws allowing victims to pursue claims against businesses that knowingly served alcohol to visibly intoxicated persons or minors who subsequently caused accidents. These third-party claims can provide additional sources of compensation, especially when the drunk driver has insufficient insurance.

See all related personal injury lawsuits our attorneys covered so far.

Get a Free Drunk Driving Accident Lawsuit Evaluation With Our Lawyers

If you or a loved one has been injured in an accident caused by a drunk driver, time is limited to pursue legal action.

Most states impose strict deadlines of just 1-3 years for filing personal injury claims, and these statutes of limitations can expire before you realize it, permanently barring your right to compensation.

At Schmidt and Clark, LLP we offer:

• Free, confidential case evaluations to determine your eligibility for compensation
• No upfront costs or attorney fees – we only get paid if you recover damages
• Experienced representation from attorneys who focus exclusively on personal injury and drunk driving accident cases
• Comprehensive support throughout the legal process, from initial investigation through settlement negotiations or trial

Our experienced team understands the devastating impact that drunk driving accidents can have on victims and their families.

We’re committed to holding intoxicated drivers accountable for their reckless decisions and helping you secure the maximum compensation available for your injuries, suffering, and financial losses.

References

1. https://www.nhtsa.gov/risky-driving/drunk-driving

2. https://www.madd.org/statistics

3. https://www.cdc.gov/transportationsafety/impaired_driving/index.html

4. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813400