Posted on October 10, 2022
Car Accidents
A car accident can take an emotional, physical, and financial toll on a person’s well-being.
This is especially so in the case of a drunk driving accident.Â
The average settlement for a drunk driving accident can fluctuate widely depending on the circumstances of the crash.
There is not necessarily an average settlement amount, and trying to quote one is misleading because so many factors can dramatically change the compensation you might recover.Â
Factors That Affect Your Settlement Amount
If you were hit by a drunk driver, the settlement amount would depend on multiple factors.
You are allowed to recover economic and non-economic damages—and in some rare instances, victims can recover punitive damages as well.Â
Economic Damages
Economic damages are more simple to calculate than non-economic damages because they are direct losses that are reflected in invoices, receipts, and pay stubs.
Under this category, you might recover financial compensation for:
- Lost wages,Â
- Medical bills, and
- Property damage.Â
For example, you can recover compensation for the cost of repairs to your vehicle. You could also get compensated for medical expenses, including expected future medical expenses.
These amounts vary greatly from case to case, making the ​​average personal injury settlement for a drunk driving accident a very wide range.
Non-Economic Damages
Non-economic damages are more subjective and are a little harder to calculate than economic damages.
They include less tangible losses such as:
- Pain and suffering,Â
- Disfigurement,
- Emotional distress,
- Loss of enjoyment of life, and
- Loss of consortium.Â
It is challenging to estimate your non-economic damages because there are no receipts upon which to base your calculations.
As you can see, the amount of compensation for being hit by a drunk driver can be arduous to calculate.
Consider reaching out to an experienced lawyer for further guidance on what factors might affect your settlement.Â
Punitive Damages
Punitive damages are another reason why there is not necessarily an average settlement for a drunk driving accident. This type of damage award isn’t intended to compensate you for losses.
Instead, the intention is to punish a particularly egregious wrongdoer and to have a deterrent effect on future drunk drinking.
So punitive damages only apply in rare instances where the driver’s behavior was more than negligent—their actions must have been especially wrongful or willfully malicious for punitive damages to apply.
Insurance Requirements in Texas
The current minimum car insurance requirements in Texas follow the 30/60/25 rule.
This means that according to Texas law, every driver must have the following:
- $30,000 in coverage for injuries for each person,Â
- $60,000 in coverage total for every accident, and
- $25,000 in coverage for property damage.Â
If the other driver was not insured, you might recover damages from the uninsured driver if they have the money to pay a judgment.
If not, you might also be able to recover damages from your own uninsured motorist coverage.Â
At-Fault Laws in TexasÂ
Texas is an at-fault state as opposed to a no-fault state. In an at-fault state, the driver who is responsible for the accident has to pay for the damage caused.
Their insurance will pay for medical bills and other expenses. In no-fault states, drivers must have car insurance that includes personal injury protection (PIP).Â
Texas also follows modified comparative fault rules. This means that the victim is limited in their recovery if they are partially responsible for the crash.
Under Texas law, if the plaintiff is responsible by 51% or greater, they will not be able to recover damages.Â
If you have additional questions or are seeking further clarification, contact our knowledgeable attorneys at Aaron A. Herbert, P.C. today.
We can help you recover the compensation you deserve after a drunk driving accident.Â
How We Can Help You
If you have suffered injuries due to a drunk driving collision in Texas, the Law Firm of Aaron A. Herbert, P.C. are here to fight for you.
You don’t need to accept a low offer. Our lawyer is a Marine Corp veteran and will aggressively advocate for you.Â
At our firm, we have expertise in car accidents, trucking accidents, motorcycle accidents, and more.
Don’t hesitate to reach out to our attorney ​​Aaron Herbert at 214-336-4004 today for more information.Â
