A Comprehensive Guide to DUI Settlements from a Skilled Personal Injury Lawyer
Imagine this – you’re driving down the road, minding your own business, when a car appears out of nowhere and slams into you.
Anytime you’re in a car accident, it is a terrifying experience. However, it’s even worse when you realize it was a drunk driving accident. According to the NHTSA, 37 people die per day in drunk driving accidents in the United States.
Not only are you dealing with the physical and emotional fallout of the DUI accident, but now you’re faced with the frustration of knowing that someone’s reckless decision could change your life forever—and not for the better.
In situations like this, it’s important to know what steps to take and how to move forward with legal action. In this article, we’ll share what to expect after a drunk driving accident in Texas and what you can do to guarantee you get the drunk driver settlement amounts you deserve.
4 Steps to Take as a Victim of a Drunk Driving Accident in Texas
Rear-end car and truck accidents are always an unpleasant surprise. However, getting out of your car to find out that the other motorist is drunk can be infuriating.
No matter how upset you are, you must remain calm and get all the details of the DUI accident.
It is no use arguing with someone who is drunk, nor will they be able to make sense of the situation.
These are the vital steps to take after being involved in a drunk driving accident:
- Seek Medical Attention for Any Injuries You Get During a DUI Accident
It is imperative to seek medical attention after a drunk driving accident, regardless of whether you feel any physical pain or not. The shock of the DUI accident may be masking any symptoms, and delaying medical evaluation can cause minor injuries to escalate into more severe conditions. Therefore, it is crucial to prioritize seeking medical assistance promptly after a car accident – especially when a drunk driver is involved.
This is an important step and must not be skipped. If your injuries become more severe later on, you may have issues when seeking a DUI settlement.
- Call the Police Immediately After a Drunk Driving Accident
When the police arrive on the scene, you need to tell them everything you can remember about the drunk driving accident.
It may be difficult if you are injured, but you must clarify what happened and what you did when the DUI accident occurred. If you suspect the other driver was drunk, you must inform them about your encounter with them and what led to your suspicion. Every tiny detail you saw or experienced is necessary for the police report – especially when seeking fair drunk driver settlement amounts.
- Gather the Details of the DUI Accident
It is also important to gather as many details from the DUI accident scene if you can. These include information about the other driver and people involved in the car accident, along with any witnesses that can confirm it was a drunk driving accident. The police will have to collect their statements as well. If you can take photos of the scene or record a video that shows that the other driver was intoxicated, these can be used as evidence later on in your DUI settlement case.
If your injuries are severe, you may not be able to figure out what has transpired. In these scenarios, you will need to collect evidence after the DUI accident. Police reports are the first thing you will need before getting your medical reports, eyewitness reports, photos and videos of the scene. These will all help if you need to seek a DUI settlement.
- Contact a Personal Injury Lawyer to Get a Better DUI Settlement
It is equally important to contact a personal injury lawyer without delay after a drunk driving accident. The sooner the car accident lawyer starts collecting information and building a strong case, the better your chances are of obtaining favorable drunk driver settlement amounts.
DUI settlements often involve lengthy legal procedures, and having a personal injury attorney early on can significantly improve the outcome of your DUI accident case.
You should never try to take on DUI settlement negotiations on your own, nor should you accept the first offer you receive. There should always be a personal injury lawyer who understands the process and can calculate the maximum DUI settlement you deserve based on the drunk driving accident in Texas.
What Can I Expect to Receive in Terms of Drunk Driver Settlement Amounts?
The average payment for an drunk driving accident depends on the specifics of each case.
Generally, it can be between $80,000 and $125,000, but you must also consider accident insurance coverage. Each state differs slightly regarding the minimum accident insurance coverage drivers need to have.
For example, in Texas, the minimum insurance coverage of $30,000 for injuries per person, $60,000 per accident, and $25,000 coverage for property damage is a requirement by law. Thus, the minimum amount you can receive is $30,000.
However, this is only if the at fault driver in the DUI accident has insurance. If they don’t, you will have to claim from them directly, or you will have to look at your own accident insurance to see what the terms are for drunk driving accidents with uninsured motorists.
This is where calculating the average drunk driver settlement amount gets tricky. Each case is unique and will have different injuries and damages that will be used to calculate the compensation for being hit by a drunk driver. If you ever find yourself in a similar situation, reach out to a car accident lawyer to help you get the settlement you deserve.
The Main Factors That Affect Your DUI Settlement
Drunk driving settlement amounts are dependent on a several factors, not just the fact that the other driver was intoxicated.
Injuries Incurred from the Drunk Driving Accident
The severity of your injuries plays a significant role in your DUI settlement amount. Your medical costs will be considered, along with the cost of future treatments and the possible loss of income if you cannot work. Furthermore, should a person succumb to their injuries after an accident, their family is well within their rights to seek a wrongful death settlement.
Damages Caused by the DUI Accident
General, special, and punitive damages are all applicable during DUI settlements. General damages refer to the pain, suffering, and emotional distress after being in a drunk driving accident.
Special damages are all the costs that are a result of the DUI accident. These are your hospital bills, the cost of treatment, the loss of income and even funeral costs in the case of a death.
Punitive damages are those that show that the driver at fault acted recklessly. It is usually given in DUI settlements as a punishment or to discourage drivers from driving under the influence.
Liability of the Drunk Driver
Texas is a modified comparative negligence state. This means each driver will be assigned a percentage of liability in the drunk driving accident. If the plaintiff’s percentage is above 50%, they are not eligible for a DUI settlement.
However, if the percentage is below 50%, it will affect your payout. Thus, the lower your liability percentage, the higher your drunk driver settlement amount.
Accident Insurance Coverage
Earlier, we went through the minimum accident insurance coverage necessary for Texas. If the person is uninsured, you may have difficulty receiving a DUI settlement. Instead, you might have to pursue a lawsuit against the person to receive the compensation you deserve.
This process can get messy, and it is always better to have a car or truck accident lawyer who can help you. They have the knowledge and experience to guide you through these drunk driving accident cases.
Calculating the Average Settlement for a Drunk Driving Accident in Texas
No two drunk driving accidents in Texas are ever the same. One Texas DUI settlement may involve a single car, while another may involve a truck driver and several cars.
In addition, injuries can range from minor to severe, and unfortunately, current statistics show that more than 10,000 people die in the United States annually in drunk driving accidents. Texas has a slightly higher number of drunk driving accident fatalities than other US states.
Some examples of our recent DUI settlements are:
- $900,000 for injuries as a result of a motor car accident.
- $3,000,000 from a case that went to trial regarding injuries suffered in a car accident.
- $7,250,000 settlement from a truck accident that resulted in severe injuries in three people and one death.
Partner with a Personal Injury Attorney at Angel Reyes & Associates to Seek Compensation for Your DUI Accident
Despite our best efforts to prevent them, drunk driving accidents unfortunately still occur.
The specific DUI settlement amount can vary depending on the circumstances of each individual case, as well as the location in which the drunk driving accident occurred.
Anytime you have to deal with a drunk driving accident claim, the issues that arise can be overwhelming. To ensure that you receive the compensation you deserve, it is crucial to seek the assistance of a law firm that specializes in handling these types of cases.
With over 30 years of experience handling drunk driving accident cases in the Lonestar State, we have the ability and the passion to help you through any challenge you face. Our experienced team of car and truck accident attorneys is available 24/7 to discuss your case and explain your options for a DUI settlement in a free consultation. Don’t wait, don’t hesitate.
Research shows that if you hire a skilled attorney to help win your DUI settlement case, you are likely to receive 3.5x more than you would if you tried to represent yourself. The compassionate team of personal injury attorneys at Angel Reyes & Associates is fully committed to helping you navigate these challenges with skill and empathy.
Contact us today for a free consultation, or stop by one of our offices in Dallas, Fort-Worth, Houston or Austin so you can meet face-to-face with your advocate, who is ready to fight for your rights and the compensation you deserve.
You’re in good hands with Angel Reyes & Associates.
