NATIONALLY RESPECTED. LOCALLY TRUSTED.

Factors Influencing Drunk Driving Accident Settlements

Settlements for drunk driving accidents aren’t one-size-fits-all. Your settlement could be as low as a few thousand dollars or as high as a few million, depending on the factors below.

And remember, working with an experienced Arkansas drunk driving accident attorney means you will be fairly compensated because they understand how to leverage each of these factors to get you the best outcome.

The type and severity of injuries play a large role in how much compensation you receive. Minor injuries might lead to a modest settlement, covering medical bills and some pain and suffering. Severe injuries—such as traumatic brain injuries or spinal damage—often result in higher settlements due to the extensive treatment needs, rehabilitation, and permanent life changes.

Drunk driving accidents can lead to substantial medical costs, including hospital stays, surgeries, and ongoing therapy. When estimating compensation, your attorney must consider both immediate and long-term medical costs. This way, you aren’t left paying out-of-pocket for future treatments related to the accident.

Lost income goes beyond the wages you missed while recovering. If your injuries affect your ability to work in the future, that must be factored into the settlement. For instance, if you’re unable to return to the same job or hours, your future earning potential is part of the compensation you deserve.

Not all injuries are physical. Mental and emotional pain can significantly impact your entire life. Arkansas courts evaluate factors like anxiety, depression, and the trauma you endured to determine this non-economic portion of a settlement.

Beyond personal injuries, damage to your vehicle is compensated to cover repairs or replacements. An experienced car accident attorney will also account for any lost personal property, like electronics or essential items, that may have been destroyed in the crash.

The blood alcohol content (BAC) of the at-fault driver can affect your case. Higher BAC levels indicate extreme recklessness, which often justifies a larger settlement due to the increased danger posed by the intoxicated driver.

If the driver has a history of DUIs, that’s a red flag that indicates a pattern of reckless behavior. Arkansas courts are more likely to consider higher settlements, especially in cases where the driver’s actions could have been prevented.

Insurance policy limits can cap how much you can receive from the drunk driver’s insurance. If their coverage isn’t enough to cover all your expenses, you might be able to turn to your own insurance for help. This is where underinsured motorist coverage comes in—it’s part of your policy that kicks in if the other driver’s insurance falls short.

A good legal team knows how to dig into all possible sources of compensation. They’ll look at every angle, including your own coverage and any other options, such as dram shop liability, to make sure you get the support you need for your recovery. This can make a huge difference, especially when medical expenses and other costs pile up after an accident.

In Arkansas, the law uses something called a “modified comparative fault rule.” This rule means that if you were partly to blame for the accident, your drunk driving accident settlement might be reduced based on your level of responsibility. For example, if you were found to be 20% at fault, your compensation would be reduced by 20%.

But here’s the important part—you can still receive money to cover your injuries and losses if you’re found to be less than 50% at fault. If you’re 49% or less responsible, you’re still eligible for a settlement.

If you’re 50% or more at fault, you won’t be able to get compensation. This is why having an attorney on your side is crucial. An Arkansas drunk driving attorney will work to show that your role in the accident was minor, helping you secure maximum compensation.

Punitive damages are designed to punish the drunk driver and deter similar behavior. Courts may award these damages in drunk driving cases as a further consequence for reckless endangerment, especially if the driver’s behavior was particularly egregious.

The Legal Process for Drunk Driving Accident Claims

Getting from accident to settlement can be a long, sometimes overwhelming process, especially if there’s a criminal investigation involved. When a drunk driver causes an accident, the police focus on the criminal side—but that doesn’t necessarily mean anyone is looking out for you. Without an attorney, your needs could be overlooked.

An experienced Arkansas drunk driving accident lawyer can guide you through each step, giving you the best shot at a fair settlement. Here’s how it usually works:

  • Investigation: After the accident, gathering evidence is key. Police reports, witness statements, and photos from the accident scene all help build a strong claim.
  • Filing the claim: This is where you officially let the at-fault driver’s insurance know you’re seeking compensation for your injuries and damages. It’s a crucial step to start the process.
  • Negotiations: After you file a claim, your attorney will then negotiate with the insurance company to try to secure a fair settlement that covers everything you’ve lost.
  • Potential litigation: If the insurance company doesn’t offer what you deserve, taking the case to court might be necessary. Preparing for this from the start helps ensure you have a solid case if it comes to that.

Having a skilled attorney by your side throughout this process can make all the difference in getting the compensation you need.

In Arkansas, you usually have three years from the date of the accident to file a personal injury claim. This deadline is called the “statute of limitations.” While three years might seem like a lot of time, it’s often better to act sooner. Starting the process early gives you and your attorney time to gather important evidence, contact witnesses while memories are fresh, and build a strong case.

If You Have Been Injured in a Car Accident, Call Us Today!

Our No Fee Guarantee® means you pay us nothing unless we win your case.
Get a Free Consultation

How to Maximize Your Settlement

Documentation makes a huge difference in getting the best possible settlement. Medical records, police reports, and witness statements all help tell the story of what happened and why you deserve fair compensation. Insurance companies will go over every detail with a fine-tooth comb, so having these documents ready and organized gives your attorney the tools they need to push for maximum compensation.

Role of Expert Witnesses

In more complicated cases, expert witnesses can be a big help. These professionals can show how your injuries affect your daily life or even shed light on how the accident happened. Medical experts might explain the extent of your injuries, while accident reconstruction specialists can recreate the crash to show who was responsible. Economists can even weigh in to estimate lost wages and other sources of future income if your injuries impact your ability to work.

Having these experts on your side adds credibility and strength to your claim, making it harder for the insurance company to undervalue your settlement.

Common Challenges in Drunk Driving Accident Case

Some drunk driving cases face specific challenges, like dealing with uninsured drivers or disputes over who was at fault. These can delay or complicate the process, but an experienced Arkansas car accident attorney will help you tackle these obstacles head-on.

  • Uninsured/Underinsured Drivers: Not all drunk drivers carry adequate insurance. When this happens, seeking compensation through your own policy’s uninsured motorist coverage is a potential option.
  • Disputes over fault: In some cases, insurance companies may try to place partial blame on you. A drunk driving accident lawyer with local knowledge and experience in Arkansas law can help counter these claims.

OUR AUTO ACCIDENT CASE RESULTS

$1.2 MIL

HEAD INJURY | BROKEN BONE AUTO ACCIDENT

$700,000

BRAIN & BACK INJURY AUTO ACCIDENT

$4.5 MIL

WRONGFUL DEATH AUTO ACCIDENT

$350,000

HEAD & HEARING LOSS INJURY AUTO ACCIDENT

Frequently Asked Questions

How long do I have to file a drunk driving accident claim in Arkansas?

In Arkansas, the statute of limitations for personal injury claims is generally three years. Filing sooner helps ensure your claim stays valid and that critical evidence is preserved.

What if the drunk driver who hit me is uninsured?

If the driver doesn’t have enough insurance or has none at all, you may be able to turn to your own uninsured/underinsured motorist coverage.

Can I still receive compensation if I was partially at fault for the accident?

Yes, Arkansas’s modified comparative fault rule allows you to receive compensation as long as you’re less than 50% at fault. Your settlement would be reduced by the percentage of your fault.

How are punitive damages calculated in Arkansas drunk driving cases?

Punitive damages are awarded at the court’s discretion based on the recklessness of the at-fault driver. Courts weigh factors like the driver’s BAC and any prior DUIs.

What evidence is needed in proving a drunk driving accident case?

Police reports, BAC results, witness testimony, and photographs from the scene are key pieces of evidence. Expert witnesses can further strengthen your case.

How long does it typically take to settle a drunk driving accident case in Arkansas?

The timeline varies depending on factors like insurance company cooperation, injury severity, and case complexity. Simple cases may settle in a few months, while others could take much longer if they go to court.

Will I have to go to court for my drunk driving accident claim?

Not usually. Many cases are settled through negotiation. However, litigation may be necessary to achieve the compensation you deserve if a fair settlement can’t be reached.

How Rainwater, Holt & Sexton Can Help

At Rainwater, Holt & Sexton, we know how life-changing a drunk driving accident can be for you and your family. Our legal team has handled many cases like yours, putting our experience to work by building a solid case with clear evidence, standing firm in negotiations with insurance companies, and—if necessary—going to trial to obtain justice.

We’re committed to supporting you through every step of the process, answering your questions, and fighting hard for the compensation you need to move forward. Contact us for a free consultation, and let’s talk about how we can help you.

This is our home, and we want to ensure our neighbors and friends are supported. With eight offices in Arkansas - Little Rock, Little Rock-Corporate Hill, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro—our accident lawyers are easily accessible when you need help.

Tell Us How We Can Help

Auto Accident Resources

woman receiving envelope of money

Average Settlement for Victims Hit by Drunk Drivers in Arkansas

Your settlement after a drunk driving accident in Arkansas could range from a few thousand dollars to a million or

Learn More
Speeding

Top 25 Causes of Car Accidents in the United States

Car accidents happen every day, but do you know what’s really causing them? Some reasons might seem obvious—like speeding or

Learn More

What Happens if the At-Fault Driver Has No Car Insurance?

If you get into an accident and the at-fault driver doesn’t have insurance, you might need to rely on your

Learn More

What Type of Doctor Should You See After a Car Accident?

After a car accident, figuring out what to do next can feel overwhelming. Fortunately, there are several types of doctors

Learn More

Arkansas Car Seat & Booster Seat Laws

As a parent in Arkansas, keeping your child safe on the road is one of your top priorities. Every time

Learn More
young couple in kitchen looking a a bill with a laptop

Are Car Accident Settlements Taxable in Arkansas?

In Arkansas, some components of a settlement are typically not taxable (for example, property damage, medical care costs, or physical

Learn More
drunk driving injury

Little Rock Drunk Driving Accident Victim Lawyers

If you're injured in a drunk driving accident in Little Rock, a knowledgeable Arkansas DUI accident attorney can help you

Learn More
Car Crash

What Are the Odds of Getting Into a Car Crash in Arkansas?

While the exact numbers vary based on factors like age, driving behavior, and density of traffic, a recent study found

Learn More
Closed Insurance Claim

Can a Closed Car Insurance Claim Be Reopened?

While reopening a closed claim isn’t impossible, it’s often an uphill battle. Our team at Rainwater, Holt & Sexton is

Learn More
Head on car crash

What Is a Head-On Collision?

A head-on collision occurs when the front ends of two vehicles traveling in opposite directions collide. While head-on crashes are

Learn More
drunk driving injury

Do I Need a Lawyer for My Drunk Driving Accident Injury?

If you’ve been injured in a drunk driving accident, we’re here to help.  We know that the days after a DUI

Learn More

Should I Get a Lawyer for a Minor Car Accident?

While most people try to handle minor accidents on their own, it can still be advantageous to hire a car

Learn More
car side of road rolled over

Understanding Vehicle Rollovers: A Comprehensive Guide

Rollover accidents can be severe and complex — drivers must understand how they can happen, how to avoid them, and

Learn More
woman grabbing neck in pain

What Happens To Your Body In A Car Crash?

A car crash can have significant physical and emotional effects on you—so it’s important that you have time to focus

Learn More
line of rental cars with sunshine

What Happens if You Crash a Leased Car?

After getting into an accident with a leased car, you should make sure that everybody involved is safe, then report

Learn More