Drunk Driving Accident Lawyers in Gallatin

How punitive damages work against a Gallatin drunk driver

Tennessee caps punitive damages for a Gallatin case at the greater of twice the compensatory award or five hundred thousand dollars under T.C.A. Section 29-39-104, but that limit falls away when the Sumner County defendant was intoxicated to the point that judgment was substantially impaired. A drunk-driving crash is the clearest case for lifting that cap. We pursue the full measure of punitive damages the conduct warrants for our Gallatin clients.

When a Gallatin bar or restaurant can be on the hook

In Sumner County, the dram shop statutes at T.C.A. Section 57-10-101 and T.C.A. Section 57-10-102 are drawn narrowly for a Gallatin claim. Ordinarily the drinker's own drinking, not the sale, counts as the cause of a Gallatin crash. In Sumner County, a 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. We test whether the facts of your Gallatin case can meet that steep burden.

The one-year Gallatin civil deadline while the criminal case proceeds

In most situations an injured Gallatin resident has one year from the crash to sue under T.C.A. Section 28-3-104, even while the Sumner County criminal case runs on its own track. A parallel prosecution can lengthen that period, but the wisest course is never to wait on how the criminal case ends. We begin building the civil claim right away near Gallatin.

Why a criminal case alone cannot make a Gallatin victim whole

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

Comparative fault and the Gallatin insurer's blame-shifting

In a Gallatin drunk-driving case, our courts follow the modified comparative fault rule of McIntyre v. Balentine, which denies a victim half or more at fault any recovery and trims a lesser Sumner County share. Even against an impaired driver, the insurer may try to lay some blame on the Gallatin victim. We use the evidence, the impairment included, to keep responsibility on the person who chose to drive drunk through Gallatin.

Serving Gallatin victims of impaired drivers across Sumner County

We represent people harmed by drunk drivers throughout Sumner, Trousdale, Macon, and Wilson counties, including Hendersonville, Portland, Castalian Springs, Bethpage, and Westmoreland. The most serious injuries near Gallatin are stabilized at Sumner Regional Medical Center, with critical cases sent to Vanderbilt University Medical Center in Nashville, the regional Level I trauma center. We stand with clients across Sumner County.

Talk to a Gallatin drunk driving accident lawyer

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

Speak with a Gallatin drunk driving accident attorney

A Gallatin 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 Sumner County, reach us at (844) 876-4357 for a free case review. We represent Sumner County families on a contingency fee, so there is no charge unless we win for you.

Common questions

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

Sometimes, though in Gallatin the bar is set high. Tennessee permits a claim against a 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 Gallatin crash. We examine the facts to see whether that narrow path is open to you in Sumner County.

The Gallatin drunk driver was found guilty. Does a conviction alone mean I automatically win my Sumner County claim?

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

Can a Gallatin 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 impaired, a Gallatin drunk-driving case can reach beyond ordinary compensation. We seek those added Sumner County damages wherever the facts support them.