What Is the Average Settlement When Hit by a Drunk Driver in NYC?

In this article, we’ll break down the average settlement amounts for drunk driving accidents in NYC and explain the factors that can impact your claim. As drunk driving accident lawyers in NY with decades of experience successfully handling these cases, we know the profound impact these collisions have on victims and their families.

What Constitutes a Drunk Driving Accident?

A drunk driving accident occurs when a motor vehicle collision involves a driver who is operating their vehicle under the influence of alcohol or drugs. These accidents can result in severe injuries, fatalities, and significant property damage. Knowing what constitutes a drunk driving accident is crucial for identifying liability and seeking compensation.

Legal Definition of Drunk Driving in New York City

According to New York's Vehicle and Traffic Law (VTL) § 1192.2, a driver is considered legally intoxicated if their Blood Alcohol Content (BAC) is 0.08% or higher. For commercial drivers, the legal limit is lower, at 0.04%. Drivers under 21 are subject to a zero-tolerance policy, meaning any detectable BAC can lead to legal consequences.

What Is the Average Settlement Amount for Drunk Driving Accidents?

The average settlement for drunk driving accidents typically ranges from $50,000 to $300,000, though this varies significantly based on injury severity, insurance coverage limits, and specific case factors. Catastrophic injury cases after car accidents frequently result in settlements exceeding $1 million when sufficient insurance coverage exists.

It's important to note that there's no true "average" settlement amount because each case presents unique circumstances and damages. These figures provide a general framework, as your specific situation may warrant significantly different compensation.

Key Factors That Influence Settlement Amounts

Several critical elements determine the value of your drunk driving accident claim. Insurance companies and courts evaluate these factors when calculating appropriate compensation for victims.

Severity of Injuries

The extent and permanence of your injuries directly impact your settlement amount.

Insurance Coverage Limits

The at-fault driver's insurance policy limits often cap potential recovery amounts unless additional sources of compensation exist.

Most standard policies in New York provide minimum coverage of $25,000 per person and $50,000 per accident for bodily injury. However, many drivers carry higher limits, and commercial vehicles typically maintain policies with $1 million or more in coverage.

Economic and Non-Economic Damages

Your settlement will include both monetary losses and compensation for subjective suffering. These damages form the core of your claim value and vary significantly based on your specific circumstances.

Punitive Damages Potential

Drunk driving cases frequently warrant punitive damages due to the driver's willful disregard for safety.

Unlike compensatory damages that make you whole, punitive damages specifically punish the drunk driver and deter similar behavior. In New York, juries may award substantial punitive damages in cases involving intoxicated drivers, particularly when:

• The driver had an extremely high BAC level
• The driver has prior DUI convictions
• The driver fled the accident scene
• The driver's behavior shows extreme recklessness.

In impaired driving cases, the threat of punitive damages often increases the negotiated amount even without going to trial.

Combining these factors creates the framework for valuing your drunk driving accident claim. Every case presents a unique calculation based on these variables and others specific to your situation.

Types of Damages You Can Pursue After Being Hit by a Drunk Driver

Being hit by a drunk driver can result in significant physical, emotional, and financial burdens. If you’ve been injured in such an accident, you may be entitled to various types of damages. Learning about the types of damages you can pursue is crucial for ensuring you receive fair compensation for your losses.

Medical Expenses

Medical expenses are often the most immediate and substantial costs incurred after an accident. You can pursue compensation for:

• Emergency room visits: Costs for immediate medical attention following the accident.
• Hospital stays: Expenses for any inpatient care required.
• Surgeries: The costs of surgical procedures needed due to injuries sustained in the accident.
• Rehabilitation: Physical therapy and other rehabilitative services to aid recovery.
• Medications: Prescription and over-the-counter drugs required for treatment.
• Medical equipment: Costs for necessary medical devices such as wheelchairs, crutches, or braces.
• Future medical expenses: Anticipated future medical costs related to ongoing treatment and care.

Lost Wages

If your injuries prevent you from working, you can seek compensation for lost wages. This includes:

• Immediate lost income: Earnings lost due to time off work immediately following the accident.
• Future lost earnings: Compensation for a reduction in your future earning capacity if you cannot return to work or must work in a reduced capacity due to your injuries.

Property Damage

If your vehicle or other personal property was damaged in the accident, you could seek compensation for:

• Vehicle repairs: Costs to repair your vehicle.
• Vehicle replacement: If your vehicle is totaled, the cost to replace it.
• Personal belongings: Compensation for other personal items damaged in the accident, such as electronics, clothing, or other belongings.

Pain and Suffering

Pain and suffering damages compensate for the physical pain and emotional distress caused by the accident. Factors considered in determining these damages include:

• Severity of injuries: More severe injuries typically result in higher pain and suffering compensation.
• Impact on daily life: How the injuries affect your ability to perform daily activities and enjoy life.
• Emotional distress: Anxiety, depression, and other mental health issues stemming from the accident.

Loss of Consortium

Loss of consortium damages are intended to compensate for the impact of your injuries on your relationship with your spouse. This includes:

• Loss of companionship: The emotional and physical support provided by a spouse.
• Loss of intimacy: The negative impact on marital relations.

Punitive Damages

As mentioned above, punitive damages may be awarded in cases involving particularly egregious or reckless behavior, such as drunk driving. These damages are intended to punish the wrongdoer and deter similar behavior in the future. Punitive damages are awarded in addition to compensatory damages and can significantly increase the total amount of compensation.

How to Maximize Your Drunk Driving Accident Settlement

Being involved in a drunk driving accident can be a traumatic and life-altering experience. Ensuring you receive the maximum settlement possible is crucial for covering your medical expenses, lost wages, and other damages. Here are the key steps to help you maximize your settlement after a drunk driving accident.

Preserve Complete Medical Documentation

Your health should be your top priority. Seek medical attention immediately, even if you feel fine. Some injuries may not be apparent right away but can worsen over time. Medical records documenting your injuries and treatment are vital for your claim.

1. Important medical records to maintain:
2. Initial emergency room reports.
3. Diagnostic imaging results (X-rays, MRIs, CT scans).
4. Treatment plans and physician notes.
5. Specialist consultations and recommendations.
6. Therapy session records.
7. Medication prescriptions.
8. Medical bills and payment receipts.
9. Follow-up appointment documentation.

Records with limited value for your case:

1. Unrelated prior medical conditions.
2. Routine check-ups unrelated to your injuries.
3. Cosmetic procedures that are not due to the accident.

Gather and Preserve Evidence

Collect as much evidence as possible from the accident scene:

• Photographs: Take pictures of the vehicles involved, the accident scene, and any visible injuries.
• Witness information: Obtain contact details and statements from any witnesses.
• Police report: Ensure a police report is filed and obtain a copy for your records. This report will document that the other driver was intoxicated.

Document Your Injuries and Expenses

Keep detailed records of all medical treatments, expenses, and any other costs related to the accident:

• Medical bills: Save all invoices and receipts for treatments, medications, and rehabilitation.
• Lost wages: Document any time missed from work and lost income due to your injuries.
• Property damage: Keep records of any repairs or replacement costs for your vehicle and other personal property.

Avoid Giving Statements Without Legal Advice

Be cautious when speaking to insurance adjusters. Do not provide detailed statements or accept settlement offers without consulting a lawyer. Insurance companies often aim to minimize payouts, and anything you say can be used against you.

Consult an Experienced Personal Injury Lawyer Today

Settlements after drunk driving accidents usually involve negotiations between multiple parties. Working with our personal injury lawyers who have decades of success helping car accident victims, especially those involving intoxicated drivers. Our drunk driving accident lawyers can:

• Evaluate your case: Assess the full extent of your damages and determine a fair settlement amount.
• Handle communications: Manage all interactions with insurance companies and the at-fault driver’s representatives.
• Gather additional evidence: Subpoena records, gather expert testimonies, and build a strong case on your behalf.
• Negotiate aggressively: Fight for the maximum compensation you deserve and be prepared to take your case to court if necessary.

Our exceptional attorneys can calculate the true value of your claim and take on the insurance companies, no matter how big they are. We never back down from a fight.