DUI Accident Settlements

Every day in the United States, lives are irreparably altered by accidents caused by drunk drivers. The National Highway Traffic Safety Administration (NHTSA) reports that nearly 28 people die in drunk driving crashes every day, which translates to one fatality every 52 minutes. [1]

Beyond the staggering loss of life, survivors of these accidents are often left with severe injuries, emotional trauma, and financial hardships. DUI settlements are crucial in helping drunk driving accident victims recover some measure of justice and financial stability.

While these settlements support victims, securing compensation can be complex. Navigating the legal and insurance processes following a drunk driving accident often requires more than just proving that the driver was intoxicated.

For victims, having a clear understanding of how DUI settlements work—and the role an experienced personal injury attorney can play in securing fair compensation—can make all the difference.

Statistics of Drunk Driving Accidents in The USA

Drunk driving accidents are unfortunately common in the U.S., with thousands of people affected every year. In 2020 alone, the NHTSA reported over 11,000 fatalities from alcohol-impaired driving crashes [2] making up nearly 30% of all traffic-related deaths.

Beyond fatalities, tens of thousands of non-fatal DUI car accidents occur annually, leaving many individuals with life-altering injuries. These accidents impact not just victims but also their families, who often face emotional distress, financial devastation, and high medical bills.

With such sobering statistics, it’s clear that legal action can play a critical role in helping victims of these accidents. Drunk driving accident settlements are a means for injured parties to recover compensation for medical expenses, lost wages, and other damages.

However, obtaining a fair settlement can be challenging without understanding the process and the factors that affect the outcome.

Challenges of DUI Settlements

While a DUI conviction can establish a foundation of fault, securing compensation through a settlement is not always straightforward. Several challenges arise during this process, from proving liability to navigating auto insurance company policies. Below are some common hurdles victims face when pursuing drunk driving accident claims.

Proving Liability

A drunk driver’s conviction provides a solid basis for proving liability but does not guarantee a successful settlement. In a civil lawsuit, the plaintiff must prove that the driver’s actions caused the accident and that the victim suffered damages.

A drunk driving accident case requires evidence, such as police reports, witness testimonies, and sometimes expert analysis, to show that the drunk driver was negligent and their impairment directly led to the crash.

Without an experienced law firm, it can be challenging to gather the necessary evidence to support a claim. Moreover, the defense may argue that the victim shares some responsibility for the accident.

An experienced personal injury lawyer can help build a strong case by presenting compelling evidence that links the drunk driver’s negligence to the crash and the victim’s injuries.

Insurance Coverage Issues

Insurance companies often present challenges when dealing with drunk driving accidents. Some insurance policies include exclusions or limitations when alcohol is involved, particularly in severe cases.

Additionally, the insurance company may try to minimize the payout by arguing that the victim’s injuries are not as severe as claimed or that they were pre-existing. In other instances, the at-fault driver may not have sufficient insurance coverage to compensate the victim entirely.

In these cases, victims may need to explore other avenues for compensation, such as their own uninsured/underinsured motorist coverage. A skilled lawyer can help navigate the complexities of insurance coverage, ensuring that the victim receives as much compensation as possible to cover medical expenses, lost wages, and other damages.

Dealing with the Emotional and Psychological Impact

Beyond physical injuries, drunk driving accidents often leave victims with lasting emotional and psychological trauma. The shock and distress of surviving a severe crash, coupled with the knowledge that a preventable act caused it, can lead to anxiety, depression, and post-traumatic stress disorder (PTSD).

These emotional scars from a car accident can complicate the settlement process, as they may affect the victim’s ability to advocate for themselves or make clear decisions about their legal options.

Recognizing that compensation should not be limited to physical injuries alone is crucial. A comprehensive settlement should also address a car accident’s emotional and psychological impact.

An experienced personal injury attorney can work with medical and mental health professionals to document these injuries and ensure they are included when you seek compensation.

The Role of a DUI Accident Lawyer

Navigating the legal complexities of a DUI accident settlement can be overwhelming for victims and their families. Hiring a lawyer specializing in drunk driving accidents can significantly affect a claim’s outcome. Here are some of the critical ways that an attorney can assist victims:

Protecting Victims’ Rights

A DUI accident lawyer‘s primary role is to protect the victim’s rights. This includes ensuring that the drunk driver’s insurance company or defense lawyers do not take advantage of the victim.

A lawyer will act as an advocate, fighting for the compensation that the victim is entitled to under the law. By taking a stand for victims’ rights, a lawyer helps to level the playing field and ensures that the settlement reflects the full scope of the victim’s injuries and losses.

Investigating and Gathering Evidence

A successful drunk driving accident claim relies on solid evidence. A skilled lawyer will thoroughly investigate the crash, collecting critical evidence like police reports, witness statements, traffic camera footage, and medical records.

They may also work with accident reconstruction experts to prove that the drunk driver was at fault. This meticulous approach strengthens the case and increases the likelihood of a favorable settlement.

Negotiating with Insurance Companies

Auto insurance companies often aim to settle drunk driving accident claims quickly and for the least amount possible. Without legal representation, victims may be pressured into accepting a low offer that does not cover the full extent of their medical expenses, lost wages, and other damages.

A lawyer experienced in dealing with insurance companies can negotiate on behalf of the victim, ensuring that the drunk driver’s settlement reflects all the costs associated with the accident.

Pursuing Maximum Compensation

An attorney will work diligently to pursue maximum compensation for the victim of a drunk driving accident. This includes not only economic damages like medical expenses, rehabilitation costs, and lost wages but also non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.

In cases where drunk drivers have displayed gross negligence, such as extremely high levels of intoxication, a lawyer may also seek punitive damages, which are intended to punish the drunk driver and deter similar behavior in the future.

Types of Compensation in DUI Settlements

Settlements following a drunk driving accident case can include various types of compensation, depending on the severity of the victim’s injuries and other factors. These damages can be categorized into three main types: economic, non-economic, and punitive.

Economic Damages

Economic damages are meant to cover the financial losses related to the motor vehicle accident. They often include:

• Medical expenses: This covers the cost of hospital stays, surgeries, medication, physical therapy, and any ongoing medical treatment required due to the accident.
• Lost wages: If the victim cannot work due to their injuries, they can recover compensation for their lost income and may lose in the future.
• Property damage: This includes compensation for damage to the victim’s vehicle and any personal property lost in the crash.
• Rehabilitation costs: In cases where long-term rehabilitation or specialized care is necessary, these costs can be significant and should be factored into the settlement.

Non-Economic Damages

Non-economic damages address the intangible losses that result from a drunk driving accident, such as:

• Pain and suffering: This compensates victims for the physical pain and discomfort caused by their injuries.
• Emotional distress: Many victims experience significant emotional and psychological suffering, which can include anxiety, depression, and PTSD.
• Loss of consortium: This is compensation awarded to a spouse or family member when the victim’s injuries affect their ability to maintain relationships and offer companionship.
• Loss of enjoyment of life: In cases where the victim’s injuries prevent them from engaging in activities they once enjoyed, compensation may be awarded for this loss.

Punitive Damages

Punitive damages may be awarded in cases where the drunk driver’s conduct is deemed especially reckless or malicious. These damages are intended to punish the at-fault driver and serve as a deterrent to others.

In drunk driving accidents, punitive damages may be appropriate if the driver’s blood alcohol content (BAC) is significantly above the legal limit or if they have a history of prior DUI convictions.

Factors Affecting Settlement Amounts for Drunk Driving Accident Cases

Several factors influence the amount of compensation a victim can receive in a drunk driving accident settlement. Some of the most important considerations are the severity of injuries, the degree of the driver’s intoxication, insurance policy limits, and the strength of the case.

Severity of Injuries

The more severe the victim’s injuries, the higher the potential settlement. Injuries that result in long-term or permanent disabilities will typically result in higher compensation to cover ongoing medical expenses and diminished earning capacity.

Degree of the Driver’s Intoxication

The level of impairment of the drunk driver can also affect the settlement amount. If the driver’s BAC was well above the legal limit, or if aggravating factors such as speeding or reckless driving occurred, the settlement may be higher, particularly if punitive damages are awarded.

Insurance Policy Limits

The at-fault driver’s insurance policy limits will significantly determine the maximum compensation available in a personal injury case.

In some cases, the driver’s insurance may not be enough to fully cover the victim’s damages, in which case additional sources of compensation, such as the victim’s uninsured/underinsured motorist coverage, may need to be pursued.

Strength of the Case

A strong case with ample evidence, clear liability, photographs from the accident scene, and well-documented damages is more likely to result in a favorable settlement. The quality of the personal injury lawyers also plays a role, as experienced attorneys are more adept at presenting compelling arguments and negotiating with the other driver’s insurance company.

Secure Expert Legal Representation if You’ve Been Hit By a Drunk Driver

At Rosenfeld Injury Lawyers, we are committed to helping victims of DUI accidents secure the compensation they deserve, and we pride ourselves on offering compassionate support and expertise at every stage of the legal process.

If you or a loved one has been injured in a drunk driving accident, you deserve compensation for the pain you have suffered. Contact us today for a free consultation with a Chicago personal injury lawyer, so that we can discuss your case and help you secure the best possible outcome.

References: [1] National Highway Traffic Safety Administration, [2] Crash Stats

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.