What Is the Average Settlement for a Drunk Driving Accident?

Key Highlights

• The average settlement for a drunk driving accident in Atlanta can be between $25,000 – $250,000+ based on how badly you’re injured, what evidence is available and your insurance and the amount of punitive damages claimed.
• Factors that play a role in the size of settlements are what type of injury is sustained, how severe the crash was, whether both parties were at fault and if insurance is available to pay for the injuries.
• In order to receive a larger settlement, you need to document your injuries, collect evidence, receive medical attention, keep track of all expenses related to the accident, and hire a DUI accident attorney.
• Your future medical needs, emotional distress and Georgia’s comparative negligence laws are also aspects to consider when negotiating your settlement.

The average settlement for a drunk driving accident in Atlanta varies greatly, depending on numerous factors. Payout can range from $25,000 to $250,000. This depends on factors such as the severity of the injury, types of evidence available, insurance coverage, and shared fault. The presence of punitive damage can greatly increase the settlement amount. 

At Evans Injury Attorneys, we have over 31 years of experience with DUI accident cases in Atlanta, and we will work diligently to recover all damages owed to our clients.

If you’ve been involved in a DUI accident, please contact Evans Injury Attorneys today to schedule a free consultation and protect your rights to receive the compensation you deserve.

How Much Money Do You Get if You Get Hit by a Drunk Driver in Atlanta?

On average, the DUI settlement ranges between $25,000 to over $250,000+. This figure depends on personal injury severity, the type of collision, and the damage related to it.  A minor accident generally will incur a lower settlement than a serious accident; however, if one party is injured or multiple defendants are involved in the accident, compensation will usually be significantly higher.

The numbers below represent average settlement hit by drunk driver cases in Georgia which are to be used as a guide and not to be considered a guarantee.

 Examples of settlements associated with the type collision in Georgia:

• Rear-End: $25,000 – $75,000 (rear ended by drunk driver settlement)
• Head-On: $75,000 – $150,000+
• Side-Impact (T-Bone): $30,000 – $100,000
• Rollover: $50,000 – 250,000+
• Multiple Defendants: When the drunk driving accident case involves the driver plus the bar/establishment that served him while intoxicated, settlements often exceed $500,000.

These figures represent average drunk driver accident settlements based on the normal process of recovering for medical costs, lost wages, and pain and suffering hit by drunk driver sustained due to a drunk driver’s actions. In reality, each case will be different based upon the evidence available, the insurance coverage of the parties involved, and any other responsible parties.

What Are Long-Term Considerations That Affect Settlement Value?

Long-term injury, like chronic pain, permanent disability, or continued treatment, will impact the settlement value of your claim. The courts will factor in the amount of future medical care, loss of earning capacity and emotional impact when computing DUI accident settlements.

What Factors Influence Average Settlement for a Drunk Driving Accident?

There are many elements to be aware of when trying to get compensated if you were hit by a drunk driver. The settlement amount will vary greatly depending on the severity of your injuries, the amount of available insurance, the type and quality of evidence that supports the claim, and whether multiple parties are found liable.

How Does Injury Severity Affect Settlements?

The more serious the injury, like paralysis and traumatic brain injury (TBI), the higher the injured person’s settlement will likely be due to its impact on their quality of life and ability to earn money in the future. 

Also, the greater the number of medically necessary treatments, the more money that needs to be spent on medical treatment, rehabilitation services which would ultimately add to the total value of a hit by drunk driver settlement.

• Mild injuries: Soft tissue injuries and minor fractures generally end in settlements between $25,000 – $50,000.
• Moderate injuries: Broken bones and herniated discs usually fall between $75,000 – $150,000.
• Severe injuries: TBIs, spinal cord injuries, and permanent disabilities can start at $250,000 and keep going up.

Based on medical and legal data, injured persons (in a catastrophic injury case) use higher multipliers for pain and suffering due to long-term medical treatment, due to the person’s inability to live independently and due to loss of future income-earning potential. This is one of the key considerations in any drunk driving accident cases.

How Do Insurance Coverage and Policy Limits Affect Settlements?

Your compensation after an accident can be limited by the at-fault driver’s insurance policy limits; however, you may also be able to collect from other insurances such as Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.

Any Atlanta motorist must carry liability insurance on their vehicle as a condition of registration. In Georgia, the State sets the minimum limits of liability coverage required, which are:

• $25,000 for each person injured
• $50,000 for all persons injured in one accident
• $25,000 for the property damages caused by the driver

If the drunk driver has only minimum coverage, the amount can put limitations on the available compensation for being hit by a drunk driver unless additional coverage is present:

• UM/UIM coverage can provide additional recovery
• Personal and umbrella policies may provide additional recovery options

“Most people don’t know it but there is something called ‘Insurance Layering’ which can help you increase your compensation even more. This is why it’s necessary to take help from Atlanta drunk driving accident attorneys.” – Franklin R. Evans (Founding and Managing Partner of Evans Injury Attorneys)

Can I Recover Compensation if I Was Partially at Fault in a DUI Accident?

According to Georgia’s comparative negligence laws, if you are partially at fault for your accident, the amount you receive in settlement will be reduced proportionally. Georgia follows a 50% fault rule, meaning you can receive compensation only if your fault is less than 50%

An example is if you were to be found 20% at fault for your accident but had incurred $100,000 worth of damages, then, under these laws, you would only be eligible for a settlement of $80,000

Oftentimes during auto accident settlements, insurance companies will try to shift the blame away from their client and onto the victim in order to avoid having to pay higher amounts of damages. Therefore, when suing a drunk driver, it is important to have an attorney represent you in this matter.

How Does Evidence Impact Your Settlement?

When there is evidence showing that the driver was impaired and at fault, it directly correlates with the ability to achieve a larger than average settlement for a drunk driving accident.

Clearly established liability is very beneficial during a drunk driver lawsuit as it will support the negotiation process with the other party’s attorney, making it possible to request punitive damages.

Some examples of evidence required are:

• Police reports and DUI history
• Blood alcohol concentration (BAC) test results
• Witness testimonies
• Photos or videos showing vehicle damage, injuries, and the accident scene 

Insurers usually have a more difficult time when there is evidence supporting a drunk driver settlement amounts.

What Role Do Punitive Damages Play in DUI Settlements?

In Georgia, punitive damages often have a large impact on the amount of the settlement due to the seriousness of driving while intoxicated, which is viewed by the courts as a serious or extremely careless act.

Punitive damages can be awarded against a motorist if he/she has acted with:

• Extreme Recklessness
• Malice or Intent to do harm
• Recklessly ignoring safety

It’s critical to know that, under Georgia law, punitive damages are generally limited to $250,000, according to O.C.G.A. § 51-12-5.1. However, if the defendant was intoxicated when operating the motor vehicle, punitive damages have no cap.

This “DUI exception” gives the potential for the settlement to be greater than would normally be for drunk driving lawsuit settlements and serves as a significant advantage for a seasoned DUI accident attorney.

How Do Emotional and Non-Economic Damages Factor In?

You may also wish to seek compensation for emotional distress, PTSD, and decreased quality of life as part of your non-economic damages claim. These types of non-economic damages can compose a significant portion of the pain and suffering experienced by people who were harmed by drunk drivers.

Below is a list of common types of documentation utilized to establish the value of non-economic damages:

• Therapy and counseling records
• Medical evaluations
• Personal impact statements

For example: $50,000 in medical expenses multiplied by a factor of 2-4 would yield a range of $100,000 – $200,000. These damages will have a significant effect on people who are drunk driver victims and are left with long-term psychological repercussions.

Dram Shop Liability: How Bars and Restaurants Can Affect Settlements

Under Georgia law, it may be possible to bring a lawsuit against the business that overserved an intoxicated individual who they knew would be driving soon. This is known as Dram Shop Liability according to O.C.G.A. § 51‐1‐40.

Why this matters:

• Many drunk drivers will only have $25,000 worth of liability insurance.
• Most bars and restaurants carry at least $1 million or more worth of liability insurance.

As a result, these types of lawsuits convert what would otherwise be an average drunk driver settlement into a significant payout.

How to Maximize Your DUI Settlement in Atlanta?

To obtain the proper compensation amount following a DUI accident, the following steps must be taken: 

1. Document the accident thoroughly: Take photos and videos of any damage to your vehicle, injuries sustained from the accident, road conditions, etc., as well as gather contact information for any witnesses. These will serve as important evidence when establishing liability in your drunk driver lawsuit.
2. Seek immediate medical attention: Getting prompt medical attention protects your health and creates a direct link between your injuries and the accident. This establishes a basis for maximum compensation for being hit by a drunk driver.
3. File a police report and obtain copies: You need to obtain a copy of the police report that details how the accident occurred, such as whether or not the driver was under the influence or whether or not they were arrested. This report contains critical evidence in establishing fault in drunk driving lawsuit settlements.
4. Track all expenses and lost wages: Keep track of all expenses related to the accident, including lost income from missed work days, any medical expenses, the cost of prescription medication, and the cost of travel to and from appointments for medical treatment. This will help you accurately calculate the amount of damages in a hit by a drunk driver settlement.
5. Contact an experienced Atlanta DUI lawyer promptly: Consulting with a knowledgeable Atlanta drunk driving accident lawyers as soon as possible ensures that evidence pertaining to your case is preserved, that any deadlines set by the court are met, and that all possible sources of compensation are identified and pursued.

Who Pays the Bill for Impaired Drivers?

Compensation for injuries and damages typically comes from the at-fault driver’s automobile insurance company, and if that driver is uninsured or underinsured, you may also be able to recover from your own uninsured/underinsured coverage, employer liability, and Dram Shop claims.

Settlement vs. Trial: How Long Does a DUI Settlement Take?

Although most DUI accident claims will settle outside of court, some will go to trial, and the trial outcome will dictate the amount of compensation received. While the majority of DUI accident settlements occur within months after the accident, trials may last longer, yet result in larger settlements. For example, an $80,000 settlement could become a $120,000+ award after proving negligence or punitive damages.

Deciding whether to pursue a settlement or trial is dependent on evidence strength, severity of injuries suffered, and the insurance policy limits applicable; additionally, the State of Georgia provides a two-year statute of limitations for victims seeking compensation for damages resulting from DUI accidents. Evans Injury Attorneys works with clients who need assistance in negotiating and litigating their cases by providing the best option, as well as having a trusted DUI accident attorney on their team.

Real Case Example: Side-Impact Collision With Moderate Injuries – $95,000 Settlement

A driver operating under the influence of alcohol ran a red light which resulted in a T-bone crash with another vehicle. As a result of this accident, the victim suffered a broken rib, soft tissue injuries, and chronic neck and back pain that required physical therapy. The police report confirming the impairment of the driver, the statements of eyewitnesses, and the records documenting all of the medical treatment received by the victim all served to prove clear liability on the part of the intoxicated driver and created the basis for the settlement received in this case.

The outcome of this case is representative of the results that Evans Injury Attorneys have achieved on behalf of victims of DUI accidents in and around Atlanta, where victims of side-impact crashes generally have settled claims at a higher amount because these types of crashes tend to create a greater risk for injuries.

Damages included:

• Medical expenses and rehabilitation
• Lost income during recovery
• Physical and emotional damages
• Possible punitive damages for negligent or reckless behavior

Please note that this example is for informational purposes only; settlements for DUI accidents can differ based on the unique circumstances of each case.

Trust Evans Injury Attorneys to Receive Fair Compensation

In Atlanta, average settlement for a drunk driving accident fluctuate, yet they can be determined by the severity of injury as well as supporting evidence, available insurance coverage, whether punitive damages are awarded, and how the attorney is representing the case.

By hiring qualified attorneys and taking the necessary steps to document injuries, your case may see the maximum value possible offered in your settlement. Evans Injury Attorneys is an experienced firm in fighting for the rights of DUI victims to receive fair compensation in Atlanta, Georgia.

If you have been involved in a DUI accident and would like to discuss your rights to compensation, contact Evans Injury Attorneys at (678) 792-0067 today and receive a free initial consultation.