Franklin Drunk Driving Car Accident Lawyer
Drivers in Franklin who operate their vehicles while under the influence of alcohol not only violate state law but also risk causing severe injuries to other motorists and pedestrians. These negligent actions may be compensable in a personal injury claim if they cause injury and damage to others on the road.
If you or your loved one suffered a traumatic accident at the hands of a drunk driver, you may be entitled to financial recovery. A Franklin drunk driving car accident lawyer could help you build a strong case against the defendant. Experienced car collision attorneys have knowledge of relevant laws to help you prove fault and pursue fair compensation.Finding Fault for DUI Crashes
In many car accident cases, the pivotal issue is determining fault. Whoever is determined to be at-fault may be financially responsible for personal injuries or damages resulting from a car collision.
After a DUI-related car accident, there are several parties who may be held responsible. In Tennessee, a person whose blood alcohol content is above 0.08 can be arrested for driving under the influence. If the individual’s impaired state leads to a car accident, they may be held liable for any accident-related damages.
A restaurant or bar that serves alcohol may be responsible for damages if the business served alcohol to a person even after the individual appeared intoxicated and they subsequently caused the accident.
If the drunk driver who caused the accident is employed by a trucking company or company that provides public transportation, that company may be held liable for damages since they are responsible for the actions of their employees.Legal Elements of a Drunk Driving Car Accident Case
To determine legal responsibility, fault is broken up into three elements: duty of care, breach of duty, and causation.
The first part of proving fault involves establishing that one party owed a duty of care to another. Generally, every motorist always owes a duty of care to operate their vehicle with reasonable care and with consideration of the safety of anyone they encounter on the road.
Motorists breach their duty of care by failing to act as a reasonable person would under similar circumstances. In a drunk driving car accident case, the injured plaintiff may need to identify how the driver breached their duty. Oftentimes, establishing the defendant’s intoxication may suffice to prove the first two elements of duty and breach.
To establish the causation element, injured plaintiffs will need to establish a direct link between the defendant’s breach of care and their injuries or damages. They can prove causation by showing the defendant’s intoxication led to an accident and that accident caused the plaintiff’s injuries.Let a Franklin Drunk Driving Car Accident Attorney Help
If you were injured in an accident by a drunk or otherwise impaired driver, it is highly advisable to contact an experienced Franklin drunk driving car accident lawyer who understands the complexities of motor vehicle accidents laws. An attorney could determine the value of your claim and work to pursue a fair compensation for your injuries. To learn more about your legal options, call today.DUI Injury FAQ: A DUI Car Accident Lawyer Answers Your Commonly Asked Questions
The Higgins Firm receives questions about DUI car accident claims on a frequent basis. The following are some of the most common. If you need help with your own situation, please call a Franklin, Tennessee drunk driving car accident lawyer today.What if the drunk driver was sentenced to prison? Can I recover compensation?
If you are the victim of a drunk driving accident, and the drunk driver has been charged and sentenced to prison, you may have concerns about your ability to recover damages. Depending on the circumstances of your case, there may be several options available. Every case is inherently different; thus, we would encourage you to give our DUI injury lawyers in Franklin, TN a call.What is a DUI driver?
DUI stands from driving under the influence of alcohol or drugs. If a driver was over the .08 BAC limit of alcohol, or found to be high on drugs at the time of the accident, they will likely face criminal charges. To confirm they are under the influence a breath or blood test may need to be performed.What criteria must be met to file a claim?
In general, a Franklin DUI injury lawyer will need to demonstrate the following:
- A car accident happened, and the defendant was responsible for causing the accident
- The accident resulted in injuries (or death). These can be proven through medical records.
- Police reports suggest the defendant was driving under the influence.
- There exists physical evidence to establish liability on part of the defendant.
- The plaintiff suffered economic damages as a direct result of the accident.
Once your Franklin drunk driving car accident lawyer submits the above to the other sides' insurance company, the following may happen:
- Immediately offer a full settlement as requested in the claim. (This is rare)
- Offer a settlement that is less than what has been specified in the claim. (This is very common)
- Deny the claim altogether. (This is also common).
Having a drunk driving car accident lawyer in Franklin, TN on your side is recommended. A lawyer, such as one from The Higgins Firm, can ensure your rights and interests are protected. Call 800.705.2121 for a consultation now.