Can I Sue a Bar or Gas Station for a Drunk Driving Accident in Tennessee?

Maybe. Tennessee law allows you to sue establishments that serve alcohol to visibly intoxicated people—but only under very specific circumstances.

You can’t sue just because a bar served alcohol to someone who later drove drunk. You must prove the establishment served someone who was already visibly intoxicated, and that their intoxication caused the accident.

These cases are difficult to win. Establishments fight back hard, and the burden of proof is on you.

Here’s what Tennessee law requires to hold a bar, restaurant, or gas station liable for a drunk driving accident.

Tennessee’s Dram Shop Law Explained

Tennessee’s dram shop law creates limited liability for alcohol vendors who serve visibly intoxicated patrons.

The law recognizes that establishments serving alcohol have a responsibility to cut off service when someone is clearly drunk—especially when that person will be driving.

Who Can Be Held Liable?

Any establishment that sells or serves alcohol, including:

• Bars and nightclubs
• Restaurants with liquor licenses
• Gas stations and convenience stores selling beer
• Liquor stores
• Hotels and venues hosting private events
• Sports venues and concert halls

Social hosts are different. Tennessee law generally does not hold private individuals liable for serving alcohol at home parties or social gatherings, with limited exceptions for serving minors.

What You Must Prove to Win a Dram Shop Case

Winning a dram shop case requires proving four elements:

1. The Establishment Served Alcohol to Someone Visibly Intoxicated

This is the hardest element to prove. You must show the drunk driver was visibly intoxicated at the time of service.

“Visibly intoxicated” means observable signs like:

• Slurred speech
• Stumbling or loss of balance
• Bloodshot eyes
• Aggressive or erratic behavior
• Inability to focus or hold conversation
• Fumbling with money or dropping items

It’s not enough that the person drank a lot. You must prove they showed outward signs of intoxication that the bartender or server should have noticed.

2. The Establishment Knew or Should Have Known

You must prove the establishment’s employees (bartenders, servers, cashiers) either:

• Actually observed signs of intoxication, or
• Should have observed them through reasonable attentiveness

This requires showing the employee had an opportunity to observe the customer and should have recognized their intoxicated state.

3. The Intoxication Caused the Accident

You must prove a direct causal link between:

• The alcohol served by that establishment, and
• The driver’s impairment at the time of the accident

If the driver consumed alcohol at multiple locations, you must show the alcohol from the defendant establishment contributed to their intoxication.

4. The Accident Caused Your Injuries

You must prove the drunk driving accident directly caused your injuries and damages.

This is usually the easiest element—medical records and accident reports establish causation.

What Damages Can You Recover?

If you successfully prove your dram shop case, you can recover:

Economic damages:

• Medical expenses (past and future)
• Lost wages and lost earning capacity
• Property damage to your vehicle
• Rehabilitation costs

Non-economic damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Wrongful death damages:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship and consortium
• Estate administration costs

Punitive damages are rare in dram shop cases but may be available if the establishment’s conduct was particularly egregious.

Can You Sue Both the Drunk Driver and the Establishment?

Yes. You can pursue claims against:

The drunk driver for causing the accident through negligence.

The establishment for contributing to the driver’s intoxication.

These are separate claims with different elements of proof.

Why Sue the Establishment?

Many drunk drivers have minimal insurance or assets. The establishment typically has:

• Commercial liability insurance with higher policy limits
• Greater ability to pay a judgment
• Business assets that can satisfy damages

Even if the drunk driver is uninsured or underinsured, the establishment’s insurance may provide compensation.

Special Rules for Serving Minors

Tennessee law treats service to minors (under 21) differently.

If an establishment serves alcohol to someone under 21, and that minor causes an accident, the establishment faces stricter liability.

You don’t need to prove the minor was visibly intoxicated—just that:

• The establishment served alcohol to someone under 21
• The minor’s intoxication caused the accident
• The accident caused your injuries

The establishment violated the law by serving a minor at all, making these cases easier to prove.

How to Build a Strong Dram Shop Case

If you were injured by a drunk driver, take these steps immediately:

1. Document the Driver’s Intoxication

Get copies of:

• The police report showing blood alcohol content (BAC)
• Field sobriety test results
• DUI arrest records
• Emergency room records if the driver was tested

2. Identify Where They Drank

The drunk driver’s statements to police often reveal where they consumed alcohol. The police report may document this information.

If the driver is uncooperative, your attorney can issue subpoenas for:

• Credit card and debit card statements
• Cell phone location data
• Witness statements

3. Preserve Video Evidence Immediately

Surveillance footage gets deleted or recorded over quickly. Your attorney must send preservation letters to:

• The establishments where the driver drank
• Nearby businesses with cameras
• Traffic cameras
• Dashcam or security camera footage from witnesses

Time is critical. Many systems delete footage after 30-90 days.

4. Interview Witnesses

Identify and interview:

• Other bar patrons who saw the driver
• Bartenders and servers (though they may not cooperate)
• Friends who were with the driver
• Security staff or bouncers

Witnesses forget details quickly. Get their statements while memories are fresh.

5. Obtain the Establishment’s Training Records

Establishments must train employees on responsible alcohol service. Your attorney can subpoena:

• Employee training materials
• Records of which employees completed training
• Policies on cutting off intoxicated patrons
• Incident reports from previous problems

This evidence shows whether the establishment took its responsibilities seriously.

Why You Need an Attorney for Dram Shop Cases

Dram shop cases are among the most complex personal injury claims.

You’re fighting against:

• Corporate defendants with experienced legal teams
• Insurance companies that specialize in dram shop defense
• Missing or destroyed evidence
• Uncooperative witnesses
• High evidentiary burdens

You need an attorney who:

• Understands Tennessee’s dram shop law
• Has experience investigating alcohol service cases
• Can work with accident reconstruction and toxicology experts
• Knows how to preserve and obtain surveillance footage
• Has successfully tried dram shop cases

These cases require immediate action, substantial resources, and specialized knowledge.

The Higgins Firm Handles Dram Shop Cases

At The Higgins Firm, we’ve represented victims of drunk driving accidents in Tennessee—including dram shop claims against establishments that overserved alcohol.

We know these cases require:

• Immediate investigation before evidence disappears
• Aggressive preservation of surveillance footage
• Expert witnesses on alcohol intoxication
• Thorough documentation of visible intoxication
• Strategic litigation against corporate defendants

We work on contingency—you pay nothing unless we win.

If you were injured by a drunk driver in Tennessee, contact The Higgins Firm today for a free consultation. We’ll investigate whether the establishments that served them can be held liable.

Don’t wait. Evidence disappears quickly in dram shop cases. Call us now or reach out online to protect your rights and pursue full compensation.