Drunk Driving Accident Lawyers in Chattanooga

Tennessee's one-year deadline

Tennessee gives you just one year from the date of the crash to file a lawsuit under Tenn. Code Ann. § 28-3-104, one of the shortest deadlines in the country. A drunk driving case often runs alongside a criminal prosecution, but your civil claim for compensation is separate and has its own deadline. We begin building the civil case immediately, gathering the evidence while it is fresh and independent of the criminal case.

Punitive damages against a drunk driver

Beyond compensation for your medical bills, lost wages, and pain, Tennessee allows punitive damages meant to punish conduct as reckless as drunk driving. Tennessee normally caps punitive damages, but that cap does not apply when the driver was intoxicated at the time of the crash. That makes a drunk driving claim different from an ordinary car crash, and we pursue the full measure of damages the law allows.

When a bar or restaurant over-served the driver

In some cases, a bar or restaurant that served a visibly intoxicated person who then caused a crash can share responsibility. Tennessee's law in this area is narrow and demanding, and it requires careful proof of what the establishment knew and did. We investigate where the driver was drinking and whether a third party contributed to the crash, so every responsible party is identified.

Tennessee's fifty percent rule

Under the rule from McIntyre v. Balentine, you recover nothing if you are found fifty percent or more at fault, and your recovery is reduced by your share below that line. A drunk driver's insurer may still try to shift some blame onto you. We use the crash evidence, the police investigation, and the driver's impairment to keep fault where it belongs. The most seriously injured are treated at Erlanger Baroness Hospital, the region's only Level I trauma center.

Serving victims of drunk drivers across Southeast Tennessee

Our team represents people injured by drunk drivers throughout the Chattanooga area, across Hamilton, Bradley, Marion, Sequatchie, Rhea, and Bledsoe counties. We serve people hurt in Chattanooga, Cleveland, East Ridge, Red Bank, Soddy-Daisy, Signal Mountain, Collegedale, Ooltewah, and Hixson.

Reports, treatment, and filing your case

A drunk driving crash inside the city is investigated by the Chattanooga Police Department, one in the unincorporated county by the Hamilton County Sheriff's Office, and one on I-24 or I-75 by the Tennessee Highway Patrol. We obtain the crash report and the criminal case records along with your records from Erlanger, and when a fair settlement cannot be reached, we file your lawsuit in Hamilton County Circuit Court.

Speak with a Chattanooga drunk driving accident attorney

You did nothing wrong, and you deserve a firm that will make the drunk driver answer for it. Call (844) 876-4357 for a free, confidential consultation. We work on a contingency fee basis, so you owe no attorney fee unless we recover compensation for you.

Common questions

The drunk driver is being prosecuted. Do I still need to file my own case?

Yes. The criminal case can punish the driver, but it does not pay for your medical bills, lost wages, or pain. Your civil claim is separate, has its own one-year deadline, and is how you recover compensation. The criminal conviction can also help prove your civil case.

Can I recover punitive damages in a drunk driving case?

Often yes. Tennessee allows punitive damages for conduct as reckless as drunk driving, and the usual cap on punitive damages does not apply when the driver was intoxicated. We evaluate your case for the full range of damages available.

Can the bar that served the driver be held responsible?

Sometimes. Tennessee law allows a claim against an establishment that served a visibly intoxicated person in limited circumstances, but the burden of proof is high. We investigate where and how the driver became impaired to determine whether that claim is available.