Summary
Drunk driving accidents in California cause injuries and financial stress for victims. This guide explains DUI laws, personal injury claims, and factors influencing compensation, including medical costs and liability. Learn how a hit by a drunk driver settlement is evaluated and why legal guidance can help protect your rights and recovery.
Table of Contents
Drunk driving crashes continue to cause serious harm across California, often leaving victims with severe injuries, emotional trauma, or the loss of a loved one. These accidents are especially devastating because they are entirely preventable.
Despite strict DUI laws and ongoing enforcement efforts, impaired driving remains a persistent problem. In 2023 alone, 1,069 people were killed in drunk driving crashes in California, according to the National Center for Drug Abuse Statistics, reflecting a nationwide issue that claims more than 10,000 lives each year.
For those harmed in these collisions, understanding what an average hit by a drunk driver settlement may involve can be an important step toward financial recovery. Below, we explain how settlements are determined, what factors affect compensation, and what victims should know before moving forward.
Understanding Drunk Driving Laws in California
In California, drunk driving is typically referred to as DUI, which stands for “Driving Under the Influence.” The California Vehicle Code Section 23152 defines DUI as operating a motor vehicle under the influence of alcohol and/or drugs to the extent that it impairs a person’s ability to drive safely.
California has some of the strictest DUI laws in the United States. Some of the key aspects of these laws are:
Blood Alcohol Concentration (BAC) Limits
California follows the standard BAC limits for DUI:
- For drivers 21 years and older: BAC limit is 0.08%.
- For commercial vehicle drivers: BAC limit is 0.04%.
- For drivers under 21: A “zero tolerance” policy applies, meaning any detectable alcohol in their system can result in DUI charges.
Penalties for DUI
The penalties for a DUI conviction in California can vary based on factors like prior convictions and the specific circumstances of the offense. Typical penalties include:
- First-time DUI offense: Jail time (up to 6 months), fines, probation, license suspension (typically six months), and mandatory DUI school.
- Multiple DUI offenses: Longer jail sentences, larger fines, longer license suspension, and mandatory ignition interlock device installation.
- DUI causing injury or death: Felony charges, substantial fines, and potentially lengthy prison sentences.
Administrative License Suspension
Upon arrest for DUI, the Department of Motor Vehicles (DMV) may suspend your driver’s license. You have the right to request a hearing to contest the suspension within ten days of your arrest.
Ignition Interlock Devices (IIDs)
For some DUI offenders, especially repeat offenders, California may require the installation of an IID in the offender’s vehicle. These devices measure the driver’s BAC and prevent the vehicle from starting if alcohol is detected.
Sobriety Checkpoints
Law enforcement agencies in California conduct sobriety checkpoints to deter and apprehend drunk drivers. Drivers are required to stop and cooperate with officers at these checkpoints.
Enhanced Penalties
California has enhanced penalties for certain circumstances, such as having high blood alcohol levels, refusing a breathalyzer test, or causing injury or death while driving under the influence.
Underage DUI
California has a zero-tolerance policy for drivers under 21. Any detectable alcohol in their system can result in a DUI charge, even if their blood alcohol content is below 0.08%.
Commercial Drivers
Commercial vehicle drivers in California are subject to stricter DUI regulations, with lower BAC limits and more severe consequences for violations.
Personal Injury Claims in Drunk Driving Accidents
Personal injury claims in drunk driving accidents are legal actions taken by drunk driving accident victims who have been injured or suffered damages as a result of a drunk driver’s negligence. These potential claims aim to provide financial compensation to the victims for their financial losses and injuries.
Here are the key aspects of personal injury claims in drunk driving accidents:
Liability and Negligence
The foundation of a personal injury claim in a drunk driving accident is proving that the drunk driver was negligent. In most cases, driving under the influence of alcohol or drugs is considered negligence per se, meaning that it is inherently reckless behavior.
Certain factors, such as police reports, sobriety tests, and witness statements, will be considered when determining liability.
Types of Damages
Damages aim to compensate the injured person for losses incurred as a result of the accident or incident. Damages can be divided into two main categories: economic and non-economic.
In cases where the accident resulted in a fatality, surviving family members can file a wrongful death claim for damages. Compensation for these damages often covers burial and funeral expenses.
Insurance Coverage
In many cases, the drunk driver’s auto insurance policy will cover damages resulting from the accident. However, coverage may be limited, especially if the driver has insufficient insurance or the damages exceed the policy limits.
Legal Process
Filing a personal injury claim involves a legal process that typically includes the following steps:
- Investigation – Gathering evidence, including police reports, witness statements, medical records, and accident reconstruction if necessary.
- Negotiation – Attempting to reach a settlement with the at-fault driver’s insurance company.
- Filing a Lawsuit – If a fair settlement cannot be reached, the plaintiff may file a personal injury lawsuit.
- Discovery – Both parties exchange information and evidence related to the case.
- Trial – If no hit by a drunk driver settlement is reached during negotiations or pre-trial proceedings, the case may go to trial, where a judge or jury will determine the outcome.
Legal Representation
It is highly recommended to consult an experienced personal injury attorney when pursuing a claim for injuries in a drunk-driving accident. An experienced lawyer can provide legal assistance, help navigate the accident settlement process, gather evidence, negotiate with insurance companies, and advocate for fair compensation.
Factors Affecting Drunk Driving Accident Settlement Amounts
Several factors can influence the average settlement for drunk driving accidents. They can vary widely from case to case, and the final settlement amount depends on the specific circumstances and the parties’ negotiation skills.
Here are some elements that can affect a hit by a drunk driver settlement:
- Severity of Injuries – The extent and severity of the victim’s injuries play a significant role in determining the settlement amount. More severe injuries that result in long-term or permanent disabilities generally lead to higher settlements.
- Medical Costs – The total cost of medical treatment, including emergency care, rehabilitation, medication, ongoing care, and more are crucial factor. The higher the medical expenses, the higher the potential settlement.
- Future medical needs – If the victim will require ongoing medical treatment, therapies, or surgeries, this can significantly affect the settlement amount. Future medical expenses are estimated and factored into the settlement.
- Loss of wages and income – Compensation for lost wages due to the accident, including time off work for recovery and future income loss (if the victim cannot return to their previous occupation), is considered in the settlement negotiations.
- Pain and suffering – Non-economic damages, such as pain from a physical injury, emotional distress, loss of enjoyment of life, and loss of consortium, are challenging to quantify but are important components of a hit by a drunk driver settlement. The severity of non-economic damages can vary widely based on the circumstances.
- Property damage – The cost of vehicle repairs or replacement of damaged property is a tangible factor considered in the settlement.
- Insurance coverage – The at-fault DUI driver’s insurance policy limits can affect the maximum settlement amount. If the at-fault party has limited coverage, it may not be possible to recover damages exceeding their policy limits unless there are additional sources of compensation.
- Liability and Fault – Determining liability and the extent of fault in the accident is critical. In some cases, shared liability may reduce the overall settlement amount.
- Punitive damages – In cases of extreme recklessness or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior. These damages can significantly increase the overall settlement.
Remember that each personal injury case is unique, and the specific combination of these factors will determine the final settlement amount.
Injured in a Drunk Driving Accident? Hire an Award-Winning Lawyer Today!
Recovering after a drunk driving accident is challenging, especially when insurance companies delay or minimize valid claims. You should not have to manage this process alone while trying to heal.
If you or a loved one was injured because of an impaired driver, you may have the right to pursue compensation through a hit by a drunk driver settlement. Our award-winning attorneys help protect your claim, handle insurer communications, and focus on securing fair financial recovery.
We work on a contingency fee basis. This means you won’t need to pay us a single cent unless we win your case. Contact us today at (844) 824-2955 for a free case consultation. We are available 24/7!
FAQs
There is no fixed amount, as every case is different. The average settlement for drunk driving accident claims depends on factors such as injury severity, insurance coverage, and long-term impact. DUI settlements are often higher than those for other claims because impaired driving is considered reckless under California law.
Compensation may include medical bills, lost income, pain and suffering, and future care costs. When victims suffer life-altering injuries, settlements often account for ongoing treatment, reduced earning capacity, and permanent changes to daily life.
Yes. California follows comparative negligence rules, meaning your compensation may be reduced if you share some responsibility for the car accident. However, even a partial fault does not automatically prevent you from recovering damages.
