A drunk driving accident can destroy families and shatter lives. There were 1,162 people killed in drunk driving crashes in Texas in 2022, a 2% increase from the previous year. That is the equivalent of 1 person dying every 7 hours and 32 minutes from a drunk driver in Texas alone. It can be difficult to move forward after a tragic event like a drunk driving accident, especially if injuries are severe, or you have lost a loved one. By having examples of real drunk driving accident settlements in Texas, you can better understand the steps involved when seeking recourse for such a crash.
When you are hit by a drunk driver you face serious physical, emotional and financial injury. At the law firm of Sandoval & James we reference here actual case outcomes in Texas to give you a realistic view of what settlement amounts can look like. According to cases we have handled the average settlement for being hit by a drunk driver in Texas ranges between $500,000 and $2,300,001.
Several key factors influence the settlement amount:
- Severity of the injury – serious injuries such as multiple bone fractures or hip surgery drive the higher end of settlements.
- Medical expenses and long-term care – ongoing treatment, rehabilitation and future care needs raise potential compensation.
- Lost wages and future earning potential – if you cannot return to work or your ability to earn is compromised your settlement should reflect that.
- Pain and suffering – emotional distress and quality of life impacts are taken into account.
- Insurance coverage and punitive damages – the at-fault driver’s insurance limits and the possibility of punitive damages in extreme drunk-driving cases also affect the settlement.
Because each case is unique the value can fall outside that range depending on the specific facts. It is essential to speak with an experienced drunk driving accident lawyer early so you understand your rights, the full extent of your damages and how to pursue maximum compensation.
At Sandoval & James, we are available 24/7 for a free consultation about injuries from drunk driving accidents. Our experienced team will review and discuss your drunk driving accident case free of charge. While we are located in Austin, we regularly represent people throughout the state of Texas. For more information, contact the team at Sandoval & James online or call (512) 382-7707 to book your free consultation.
Examples of Recent Hit By Drunk Driver Settlement Amounts in Texas
If you or a loved one were harmed by a drunk driver in Texas, you may be asking, “What is the average settlement when hit by a drunk driver?” This can be a difficult question to answer, as each case is different and the circumstances unique. According to the cases mentioned on this page, the average hit by drunk driver settlement amount in Texas ranges between $500,000-$2,300,001.00. It is best to speak with a Texas drunk driving accident lawyer near you today about your case to get a better understanding of what your case might be worth.
Some of our most recent examples of Texas drunk driving settlement payouts include:
$2,300,001 – Drunk Driving Accident Settlement in Texas
Failure To Yield – Driving While Intoxicated Car Accident in TX
Our client was injured in a motor vehicle accident where they sustained multiple bone fractures and required hip surgery. On the date of the crash, our client was in the process of making a right turn, when the Defendant, coming from our client’s left, ran a stop sign and collided with another vehicle before violently crashing into the driver’s side of our client’s vehicle. The investigation revealed the Defendant was driving at an excessive rate of speed and was intoxicated at the time of the crash. Sandoval and James successfully resolved the case after a lawsuit was filed, but before litigation.
$500,000 – Drunk Driving Accident Settlement in TX
Head-On Intoxicated Driver Car Accident
Clients sustained head, neck, and back injuries in a motor vehicle accident. Defendant was driving a non-commercial vehicle. The defendant collided with clients head-on and was arrested for driving while intoxicated. Sandoval & James successfully resolved the case for a substantial amount.
Factors Affecting Drunk Driving Accident Settlement Amounts
You may be thinking, “I got hit by a drunk driver, what am I entitled to?” When you have sustained injuries in a car accident involving someone who is inebriated, it is important to understand that there are a number of factors that will influence the amount of compensation you can expect to be awarded in your drunk driving settlement. These may include:
- Severity of the injury
- Medical expenses and rehabilitation costs
- Lost wages and future earning potential
- Pain and suffering
- Long-term care needs
- Insurance coverage
Depending on the circumstances of the case, it is sometimes possible to also go after punitive damages as a way to seek justice against a person who has willfully put others in harm’s way.
It’s important to speak with a personal injury lawyer who has experience with drunk driving accidents when looking for a car crash settlement. A drunk driving accident lawyer that has experience with cases involving people who were driving while intoxicated and will be able to assess the details of the case, gather evidence, consult medical experts, and negotiate with insurance companies to secure fair settlements on behalf of their clients.
What Does Texas Law Consider “Drunk Driving”?
It is important to note that the threshold for proving an at-fault driver was intoxicated can vary from a criminal matter to a civil matter as the burden of proof in a civil matter is lower. Meaning, it is typically easier to prove the person who hit you was intoxicated in a civil claim against them than in the criminal claim the State of Texas may bring against them.
According to Texas Penal Code Section 49.04 any person who operates a vehicle while intoxicated in a public space will be found guilty of drunk driving. The state defines intoxicated as a person who either has a blood alcohol content (BAC) of .08 or higher, and if it can be shown that their driving was impaired due to the presence of alcohol or drugs, regardless of their BAC. The state does not differentiate between alcohol or drugs as being a substance which can cause impairment, and treats both scenarios as a drunk driving case.
2025 Austin Fatal Injury Summary: Alcohol-Involved Crashes
Based on the TxDOT 2025 Preliminary Fatal Injury Summary for Austin, Texas, the following data represents reportable statistics collected as of February 2, 2026.
Crash & Fatality Totals
- Total Crash Count: 858
- Fatal Crashes: 2,477
- Total Number of Fatalities: 2,993
- Total Number of Injuries: 3,272
- Non-Injury/Property Damage Only: 228
Fatalities by Day of the Week
The preliminary data indicates a significant increase in fatal injuries during the weekend, highlighting a potential correlation between leisure activities and alcohol-involved incidents:
- Peak Days: Saturday records the highest volume of fatalities, with Sunday following closely behind.
- Mid-Week Low: Fatalities show a downward trend during the middle of the week, reaching the lowest point on Tuesday.
- Weekday Trend: Incident rates remain relatively stable and lower from Tuesday through Thursday before a sharp climb beginning on Friday.
Note: These figures are preliminary and based on data available as of 02/02/2026.
What To Do After You’ve Been In An Accident With A Drunk Driver in Texas
Getting into a car accident is already a traumatic experience, but when coupled with it involving a drunk driver, it can be overwhelming and angering. There are a number of things you should do after you’ve been in a car crash with a driver who is intoxicated:
- Seek Medical Attention – After a drunk driving accident, the very first priority should be ensuring the safety and well-being of everyone involved. Call 911 to get an ambulance and medical professionals on the scene as quickly as possible so that they can attend to any. Even if symptoms seem to be minor at first, it is better to be checked over. Prompt medical care helps to protect your health but can also establish a record of your injuries, which will be essential moving word with your drunk driver accident settlement claim.
- Contact Law Enforcement – In Texas, law enforcement must be notified of any motor vehicle accident resulting in injury, death, or property damage exceeding $1,000. When your accident potentially involves a drunk driver, it’s even more important to make sure authorities are called so that the proper charges are laid. The police will respond to the scene, assess the situation, and create an official accident report. Even if you are not sure they are intoxicated but merely suspect so, it is always best to report your suspicions to police so they may fully investigate the matter. This report will serve as a key piece of evidence in your drunk driving accident claim, documenting key details such as the cause of the crash, driver impairment, and any traffic violations involved.
- Gather Evidence – Building a strong case for a drunk driving accident settlement requires gathering evidence to support your claim. This may include photographs of the accident scene, eyewitness statements, medical records documenting injuries, and any correspondence with insurance companies. Additionally, if the driver was arrested for driving under the influence (DUI) or driving while intoxicated (DWI), obtaining a copy of their arrest record can strengthen your case as it will show things like blood alcohol level, and a potential history of DUIs or DWIs.
- Consult with a Personal Injury Attorney – Drunk driving accident settlements can be complex and require the help of someone with legal expertise who has experience dealing with drunk driving accident cases. Consulting with an experienced Austin drunk driving accident lawyer near you in Texas is highly recommended to understand your rights, assess the strength of your case, and explore your legal options. A knowledgeable attorney will do all they can to pursue maximum compensation for your injuries and losses.
Contact A Texas Drunk Driving Accident Lawyer Near You
By pursuing a drunk driving accident settlement, victims and their families not only seek financial compensation, but they also hold negligent parties accountable for their actions. This pursuit of justice sends a clear message that drunk driving will not be tolerated in our communities and reinforces the importance of responsible driving behaviors.At Sandoval & James, we are available 24 hours a day, 7 days a week, for a free consultation. Our experienced team will review and discuss your drunk driving injury case free of charge. If you have suffered injuries because of the actions of someone else who drove while intoxicated, and you live anywhere in the state of Texas, we urge you to contact our law firm. For more information, contact the team at Sandoval & James online or call (512) 382-7707 to book your free consultation.
