Drunk Driving Accidents

What Rights do Tennessee Drunken Driving Victims Have?

Unfortunately, auto accidents occur all too often with many resulting from criminal behavior. Specifically, many accidents result from drunk drivers or someone impaired by drugs. If you or someone you love has been injured by a drunk or drug impaired driver, then you should speak to a Nashville Car Accident Lawyerat The Higgins Firm.

Click here for video transcript

The victim can recover compensatory damages for losses incurred both in the past and future which may include:

  • Physical pain
  • Emotional suffering and grief
  • Loss of earning capacity
  • Health care expenses
  • Permanent physical impairment
  • Loss of enjoyment of life
  • Wrongful death damages

Punitive damages may also be available if the actions of the other driver are deemed to be criminal or reckless. The purpose of punitive damages is to deter criminal actions like drunk driving.

How are Drunk Drivers Held Accountable?

Like all states, Tennessee prosecutes drunk drivers. In addition to criminal prosecution, the victim can also file civil suit for personal injuries and/or for the wrongful death of a loved one. A criminal and civil case can proceed simultaneously. Should this occur, the civil court may postpone the trial until the criminal prosecution concludes. This allows the state to fully prosecute the criminal case. If this occurs, any conviction in the criminal case can be used as evidence of guilt and fault in the civil matter. We can assist in providing information to the district attorney in the criminal case, and in turn the district attorney can share evidence after the criminal trial. If you file claim against a drunk driver, the Nashville attorneys at The Higgins Firm will do everything possible to uncover evidence as to the criminal conduct of the drunk driver and any other parties that may be responsible.

What is Dram Shop Liability?

Dram Shop Liability in Tennessee means that public establishments may be held accountable for causing a drunk driving accident. If an establishment serves alcohol to a person who is obviously intoxicated or under the legal age, they may be financially responsible for the resulting injuries. This law holds establishments who served the drunk driver responsible if the driver injures passengers, people in other vehicles, or pedestrians. In order to prove this liability, it may be necessary to obtain security video from the bar or restaurant, receipts or credit card charges, interview other patrons at the bar, or take depositions of the employees of the bar. The Higgins Firm has successfully prosecuted numerous dram shop cases and they have the experience and knowledge to compile all of the evidence necessary to present the case to a jury.

When Should I Contact a Nashville Personal Injury Attorney About My Case?

If you have been injured by a drunk driver, it is important to obtain representation early. Preservation of evidence is a priority. The Higgins Firm will obtain photographs of the accident scene and vehicles, witness statements, and any other relevant evidence. If needed, The Higgins Firm may also obtain an accident reconstruction expert. If you or someone you care for has been severely injured or killed as the result of a drunk driver, we strongly suggest that you contact one of our compassionate and experienced Nashville personal injury attorneys. We care about our clients and will work with you and help you gather evidence for your case so that we can make sure that the driver is held accountable for their actions and that you receive the compensation you deserve for what you have suffered.

Contact us online or call us at 800-705-2121 to set up a FREE consulation to discuss your legal options.