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Around 1 in 5 drivers killed on Victorian roads have a blood alcohol concentration (BAC) of 0.05 or higher. Nationally, the picture is similar – drink driving was a factor in 12% of fatal crashes across Australia in 2023, accounting for dozens of preventable deaths every year.
Behind every one of those percentages is a family. If you’ve lost someone, or you’ve been injured by a driver who’d been drinking, you deserve clear answers about what happened and what you’re entitled to claim.
Key Takeaways
- Around 20% of drivers killed in Victoria have an illegal BAC
- 12% of all fatal crashes in Australia in 2023 involved drink driving
- Victoria recorded 284 road deaths in 2024, 13% above the 10-year average
- Victims can claim TAC benefits regardless of fault, plus common law damages if another driver caused the crash.
- Family members who lose a loved one may be entitled to funeral costs, dependency payments and compensation under the Wrongs Act 1958 (Vic).
How Common Are Drink Driving Crashes in Victoria?
The most reliable Victorian figure comes from the TAC: around one in five drivers killed on our roads have a BAC of 0.05 or higher. A Monash University analysis of nearly 20,000 injured drivers and almost 1,600 fatal cases between 2010 and 2019 found 14% of crashes overall involved a driver with a BAC at or above 0.05.
That’s the share where a test came back positive. The real figure is likely higher, because not every driver involved in a crash is tested, and alcohol often shows up alongside other factors like fatigue, speed or drugs.
What Percent of Fatal Crashes Nationally Involve Alcohol?
The National Road Safety Data Hub (drawing on Bureau of Infrastructure and Transport Research Economics (BITRE) data) shows drink driving was involved in 12% of fatal crashes in 2023, down from 14.5% in 2015. That’s progress, but drink driving is still a leading behavioural factor behind preventable road deaths.
Drug driving has overtaken it. The same dataset shows drug driving rose from 10.3% to 16.8% of fatal crashes over the same period. Many crashes now involve both.
Why Drink Driving Causes So Many Crashes
Alcohol affects the exact skills required for driving. According to the TAC:
- At 0.05 BAC, reaction times slow and concentration drops
- At 0.08 BAC, drivers are five times more likely to crash
- At 0.12 BAC, the risk climbs to ten times that of a sober driver
Even under the legal limit, judgment of distance, sensitivity to brake lights, and the ability to track moving objects all decline. There is no safe amount when you’re about to drive.
What Compensation Can You Claim After a Drink Driving Crash?
If you’ve been injured or have lost a family member in a crash caused by a drunk driver in Victoria, two streams of compensation may be open to you.
TAC Benefits (No-Fault)
The TAC covers anyone injured in a Victorian transport accident, regardless of who was at fault. Benefits can include:
- Medical treatment and rehabilitation
- Income support (loss of earnings payments)
- Travel and attendant care costs
- Impairment lump sums for lasting injuries
Common Law Damages (Fault-Based)
Where another driver caused the crash, you may also be entitled to common law damages on top of your TAC benefits. To do this, you usually need to show a “serious injury” as defined under Victorian legislation. Our TAC lawyers can explain whether your injuries are likely to meet that threshold.
Fatal Accident Claims
If a family member was killed, the TAC provides support, including funeral expense payments and dependency benefits for spouses, partners and children. Surviving family members may also bring a common law claim under the Wrongs Act 1958 (Vic) for loss of dependency and, in some cases, compensation for psychiatric injury caused by the loss.
How Henry Carus + Associates Can Help
We’ve spent decades standing beside Victorians hurt by other people’s choices. Whether you were the driver, a passenger, a pedestrian or on a motorcycle, our car accident lawyers and motorcycle accident lawyers will walk you through the TAC process, protect your common law rights, and fight for every entitlement you’re owed. We act on a No Win – No Fee basis, so there’s no financial risk in finding out where you stand.
Call 03 9001 1318 for a free, confidential consultation, or learn more about our team of experienced compensation lawyers.
This article provides general information only and is not legal advice. For advice about your specific situation, please contact our team.
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