Drunk Driving Accident Lawyers in Franklin

How punitive damages work against a Franklin drunk driver

For punitive damages, Tennessee sets a ceiling of the greater of twice the compensatory award or five hundred thousand dollars under T.C.A. Section 29-39-104. That ceiling falls away, though, when the defendant acted while intoxicated to the point that judgment was substantially impaired. A drunk-driving crash is the clearest case for lifting the cap, and we pursue the full measure of punitive damages the conduct warrants for our Franklin clients.

When a Franklin bar or restaurant can share the blame

The Tennessee dram shop laws that might reach a Franklin seller, T.C.A. Section 57-10-101 and T.C.A. Section 57-10-102, are written to be narrow. Usually the drinker's own drinking, not the sale, counts as the cause of a Franklin crash. A Franklin seller faces liability only when a jury finds beyond a reasonable doubt that it served alcohol to a visibly intoxicated person, or to someone it knew was under twenty-one, and that the sale caused the injury. Our Williamson County team tests whether the facts of your case can meet that steep burden.

The one-year civil deadline as the criminal case runs

In most cases an injured Franklin resident has one year from the crash date to sue under T.C.A. Section 28-3-104. A parallel criminal prosecution can extend that period, but the wisest course is never to wait on how the criminal case ends in Williamson County. We begin building the civil claim right away in Franklin.

Why the criminal case alone will not make a Franklin victim whole

A criminal conviction can punish the impaired driver and even order limited restitution, yet it does not make an injured Williamson County resident whole. The civil claim stands separate, and it is where the losses, the medical bills, the lost wages, and the pain are actually recovered in Franklin. A conviction or guilty plea can still support proof of liability in the Williamson County civil case, and we put it to work where it applies.

Shared fault and the insurer's attempt to shift blame in Franklin

Our Tennessee courts apply the modified comparative fault rule laid out in McIntyre v. Balentine, which bars any recovery for a person half or more to blame and trims it by a smaller share. Even against an impaired driver, the insurer may try to lay some blame on the victim in Williamson County. We use the evidence, the impairment included, to keep responsibility on the person who chose to drive drunk in Franklin.

Serving victims of impaired drivers across Middle Tennessee

We represent people harmed by drunk drivers throughout Williamson, Davidson, Maury, Rutherford, and Dickson counties, including Brentwood, Spring Hill, Nolensville, Thompson's Station, Fairview, and Nashville. The most serious injuries are first treated at Williamson Medical Center in Franklin and, when critical, taken to Vanderbilt University Medical Center in Nashville, and we stand with clients across the region.

Talk to a Franklin drunk driving accident lawyer

If a drunk driver hurt you or took someone you love in Franklin, call (844) 876-4357 for a free and confidential consultation. No attorney fee is owed unless we recover compensation in your Williamson County drunk-driving case.

Speak with a Franklin drunk driving accident attorney

A Franklin drunk-driving crash gives an injured person more than the ordinary claim, since Tennessee allows punitive damages to exceed the usual cap when the driver was impaired. If a drunk driver hurt you or your family around Franklin, reach us at (844) 876-4357 for a free case review. We represent Williamson County families on a contingency fee, so there is no charge unless we win for you.

Common questions

In Franklin, can I sue the bar that served the drunk driver?

Sometimes, though in Franklin the bar is set high. Tennessee allows a claim against a Franklin seller only where a jury is convinced beyond a reasonable doubt that it served a visibly intoxicated person or a known minor and that the sale caused the crash. Our Williamson County team examines the facts to see whether that narrow path is open to you.

The drunk driver who hit me in Franklin was convicted. Does a conviction guarantee I win my claim?

Not on its own, but in a Franklin case it certainly helps. A conviction or guilty plea can serve as strong evidence of fault in your Franklin civil case, though you must still prove your injuries and losses. Your compensation actually comes from the civil claim, which stands apart from the criminal case in Williamson County.

Can a Franklin drunk-driving case bring damages beyond the usual?

Often yes. Because driving while intoxicated is exactly the reckless conduct that supports punitive damages, and Tennessee's punitive cap does not apply when the defendant was intoxicated, a Franklin drunk-driving case can reach beyond ordinary compensation. We seek those added damages for our Franklin clients wherever the facts support them.