If you’ve been hit by a drunk driver in Texas, you might be looking at a settlement between $30,000 and $100,000, or maybe even more.
We’ll go into the factors that can influence the amount in more detail further down in this guide:
- Severity of injuries
- Extent of the damages, such as medical expenses and lost wages
- Level of the driver’s intoxication
- Whether the driver was charged with driving under the influence
- Your level of fault
I got hit by a drunk driver, what am I entitled to?
If you’ve been hit by a drunk driver, you may be entitled to compensation for a variety of damages. These fall into two main categories: economic and non-economic damages.
Economic damages are the tangible costs you’ve incurred due to the accident. They include medical expenses for treatment and recovery, lost wages if you’re unable to work, and property damage to your vehicle.
Non-economic damages cover the intangible effects of the accident, such as physical pain, emotional distress, and loss of enjoyment of life.
Read also: can you sue someone for a hit and run in Texas
Punitive damages for a DUI
Unlike other types of compensation, punitive damages are not meant to cover specific losses. Instead, they are intended to punish the at-fault driver for their reckless behavior and serve as a deterrent to prevent similar incidents in the future.
Punitive damages are awarded in cases where the driver’s actions were especially egregious, such as driving with a high blood alcohol concentration or having prior DUI convictions.
To get the maximum settlement for a drunk driving accident in Texas, find out how a Midland car accident lawyer from Keith & Lorfing can help you.
Drunk driver settlement amounts by type
Different types of accidents can lead to different injuries and damages, affecting the compensation for your injuries. Below are some common accident types and their average settlement amounts.
Rear-ended
The average rear-ended by drunk driver settlement is around $30,000 or more, depending on the specifics of the case. This type of accident often results in injuries like whiplash, back injuries, and damage to your vehicle.
For example, in February 2022, a 37-year-old man rear-ended by a drunk driver received $32,291. He suffered a concussion, arm injuries, and back issues, which prevented him from lifting heavy objects.
He claimed the driver was at fault for speeding and unsafe lane changes, and the jury considered the impact on his work and injuries when awarding the settlement.
Head on-collision
The average head-on collision settlement is approximately $70,000 to $100,000, or more. These accidents are often severe, leading to significant injuries or even fatalities.
For example, a fatal crash in Texas involving a drunk driver led to a historic $150 million settlement by Werner Enterprises. This settlement, the largest for an 18-wheeler wreck in U.S. history, was paid to resolve a lawsuit over the deaths of two children.
Werner Enterprises denies wrongdoing but chose to settle to avoid a potentially higher jury award.
Additional Reading : Average car accident settlement in Texas
Factors that influence settlement amounts in Texas
When you’re trying to get compensation for an accident caused by a drunk driver in Texas, several important factors will affect the amount you might receive:
- Severity of Injuries: If you have major injuries that need extensive medical treatment, like surgeries or long-term care, you’ll usually get more compensation. Injuries that disrupt your daily life or cause permanent problems can lead to a higher settlement.
- Lost Wages: If your injuries stop you from working, you can claim compensation for lost wages. This covers not just what you’ve already lost but also what you might miss out on in the future if your injuries affect your ability to work long-term.
- Pain and Suffering: Pain and emotional distress includes both the immediate pain and the long-term suffering from your injuries. How severe your pain is and how it affects your quality of life will influence the amount you get for these non-economic damages.
- Liability: In Texas, if the drunk driver is found to be fully responsible for the accident, your settlement will generally reflect their liability. The clarity of evidence showing the driver’s negligence and their responsibility for the accident will influence the compensation you can claim.
- Comparative Negligence/At-Fault Laws: Texas is a modified comparative negligence rule. This means if you’re found to be partially at fault, your settlement could be reduced based on how much fault is assigned to you. For example, if you’re 20% at fault, your settlement might be reduced by 20%.
- Insurance Coverage: If the at-fault driver’s insurance policy has low limits, it may not cover all your damages, and you might need to pursue additional compensation through other legal avenues. The extent of the coverage available can limit or enhance the amount you receive.
- Location: Different areas have different legal practices, insurance policies, and jury attitudes, which can affect the amount of your settlement. Local legal norms and the cost of living in the area can also play a part in determining your compensation.
Since your case is unique, it’s important to get expert guidance from an Abilene car accident lawyer
Who you can sue
While the drunk driver is usually the primary party at fault, there may be other individuals or entities you can also pursue for compensation. Here’s a breakdown of who you might consider suing:
The Driver’s Insurance Company
While you don’t directly sue the insurance company, you can file a claim with the drunk driver’s insurance provider. The insurance company is responsible for covering damages up to the policy limits.
If the driver has adequate coverage, the insurance company can provide compensation for your losses. In cases where the insurance payout is insufficient to cover all your damages, you may need to explore other legal options.
Additional reading: how much can someone sue for a car accident
Bars or Restaurants (Texas Dram Shop Liability)
In Texas, you may also have the option to sue bars or restaurants under dram shop laws. If it can be proven that these establishments served alcohol to the driver when they were already visibly intoxicated or underage, they might be held partially responsible for the drunk driving accident.
Vehicle Owners
If the drunk driver was using a vehicle owned by someone else, the vehicle owner might also be held liable.
This is especially true if the owner knew the driver was intoxicated and still allowed them to use the vehicle.
In such cases, both the driver and the vehicle owner can be named in your lawsuit.
Employers
If the drunk driver was on the job at the time of the accident, their employer might also be held liable. This can be the case if the driver was performing job-related duties or if the employer negligently allowed an intoxicated employee to drive.
Employers are often liable under the doctrine of “vicarious liability,” which holds employers responsible for the actions of their employees conducted within the scope of their employment.
Minimum TX insurance coverage
In Texas, all drivers are required by law to carry a minimum amount of liability insurance to cover damages in the event of a drunk driving accident. This mandatory coverage is intended to ensure that drivers can take financial responsibility for any injuries or property damage they cause.
State-Mandated Minimum Coverage
Texas law mandates that drivers carry liability insurance with the following minimum limits:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident (if more than one person is injured)
- $25,000 for property damage per accident
This is often referred to as 30/60/25 coverage. These minimums are designed to cover the basic costs of injuries and damages resulting from a drunk driving accident, but they may not be sufficient in cases involving serious injuries or extensive property damage.
Uninsured/Underinsured Motorist Coverage
While liability insurance is required, Texas does not mandate that drivers carry uninsured or underinsured motorist (UM/UIM) coverage. However, it is highly recommended.
- Uninsured Motorist (UM) Coverage: Provides compensation if you’re hit by a driver who doesn’t have insurance.
- Underinsured Motorist (UIM) Coverage: Kicks in when the at-fault driver’s insurance is insufficient to cover the full extent of your injuries and damages.
Additional Optional Coverages
While the state requires only the minimum liability coverage, many drivers opt to carry additional insurance to better protect themselves in case of an accident.
Some of the common optional coverages include:
- Collision coverage: Pays for repairs to your vehicle regardless of who was at fault.
- Comprehensive coverage: Covers damages to your car from non-collision events, such as theft, fire, or natural disasters.
- Medical payments coverage: Helps cover medical expenses for you and your passengers, regardless of fault.
Should you accept the settlement offer?
Before you accept a settlement offer after an accident, think about whether it really covers all your needs, both now and in the future. This means considering medical bills, lost income, and how the accident has changed your life.
Insurance companies might try to get you to settle quickly, but those offers often don’t fully account for how serious your injuries are. Taking the time to carefully review the offer can help protect you in the long run.
Additional reading: Average car accident settlement in Texas
Talking to an experienced San Angelo car accident attorney from our firm can help make sure the offer is fair and takes everything into account, including future expenses.
Steps to take after being hit by a drunk driver
Taking the right steps after being hit by a drunk driver is essential for ensuring you receive the maximum settlement amount. Here’s what you should do:
- Call 911 Immediately: Report the accident to the police and request medical assistance. A police report documenting the accident is essential for your case.
- Seek medical attention: Even if you don’t feel seriously injured, get checked out by a doctor. Some injuries may not be immediately apparent, and medical records are vital for your claim.
- Document the scene: Take photos and videos of the accident scene, your injuries, and any vehicle damage. Collect contact information from witnesses, as their statements can support your case.
- Report to your insurance company: Notify your insurance company about the accident as soon as possible, but avoid giving a detailed statement until you consult with a lawyer.
- Consult a personal injury attorney: Before accepting any settlement offers, speak with an experienced personal injury attorney from our firm. We can guide you through the process and help negotiate a settlement that reflects the full extent of your damages.
- Keep track of expenses: Maintain a detailed record of all medical treatments, lost wages, and any other expenses related to the accident.
- Avoid discussing the accident publicly: Refrain from posting about the accident on social media or discussing it with anyone other than your lawyer. Any statements you make could be used against you.
- Follow medical advice: Adhere to all medical recommendations and treatments. This not only aids your recovery but also strengthens your case by demonstrating the seriousness of your injuries.
Need legal help to pursue a DUI settlement in The Lone Star State?
If you or someone you care about has been hit by a drunk driver in Texas, get expert legal advice so you can get the full compensation you deserve. Dealing with a DUI settlement on your own can be tough, especially with insurance companies and all the legal stuff involved.
Your case is unique, and so a highly qualified accident lawyer can walk you through the process, stand up for your rights, and work to get you a fair accident settlement that takes care of everything you need.
Don’t risk your future. Taking this step can make a big difference in getting the justice and compensation you’re owed.
Get in touch with our law firm today for a free consultation and to talk about your situation.
FAQs
Who pays drunk driver damages?
Drunk driver damages are typically paid by the at-fault driver’s insurance company. If the driver is uninsured or underinsured, the victim’s own insurance policy may cover some of the costs. In some cases, the driver may be personally liable if insurance coverage is insufficient to cover the damages.
How much do lawyers take from a settlement in Texas?
In Texas, personal injury lawyers typically take 33% to 40% of the settlement as their fee. This percentage may vary depending on the complexity of the case, the lawyer’s experience, and whether the case goes to trial. Fees are usually deducted from the final settlement amount received.
How is pain and suffering calculated in a car accident in Texas?
Pain and suffering in Texas are calculated by considering factors like the severity of injuries, recovery time, and the impact on daily life. Insurance companies often use a multiplier method, multiplying actual damages (like medical bills) by a number typically between 1.5 and 5 to determine compensation.
